§266-2 - Powers and duties of department.

§266-2 Powers and duties of department. (a)
The department of transportation shall:

(1) Have and exercise all the powers and shall
perform all the duties which may lawfully be exercised by or under the State
relative to the control and management of commercial harbors, commercial harbor
and waterfront improvements, ports, docks, wharves, piers, quays, bulkheads,
and landings belonging to or controlled by the State, and the shipping using
the same;

(2) Have the authority to use and permit and regulate
the use of the commercial docks, wharves, piers, quays, bulkheads, and landings
belonging to or controlled by the State for receiving or discharging passengers
and for loading and landing merchandise, with a right to collect wharfage and
demurrage thereon or therefor;

(3) Subject to all applicable provisions of law, have
the power to fix and regulate from time to time rates and charges for:

(A) Services rendered in mooring commercial
vessels;

(B) The use of commercial moorings belonging
to or controlled by the State;

(D) Warehouse space, office space, and storage
space for freight, goods, wares and merchandise; and

(E) The use of derricks or other equipment
belonging to the State or under the control of the department;

(4) Make other charges including toll or tonnage
charges on freight passing over or across docks, wharves, piers, quays,
bulkheads, or landings;

(5) Appoint and remove clerks, harbor agents and
their assistants, and all such other employees as may be necessary, and to fix
their compensation;

(6) Adopt rules pursuant to chapter 91 and not
inconsistent with law; and

(7) Generally have all powers necessary to fully
carry out this chapter.

(b) Notwithstanding any law or provision to
the contrary, the department of transportation is authorized to plan,
construct, operate, and maintain any commercial harbor facility in the State,
including, but not limited to, the acquisition and use of lands necessary to
stockpile dredged spoils, without the approval of county agencies.

All moneys appropriated for commercial harbor
improvements, including new construction, reconstruction, repairs, salaries,
and operating expenses, shall be expended under the supervision and control of
the department, subject to this chapter and chapter 103D.

All contracts and agreements authorized by law
to be entered into by the department shall be executed on its behalf by the
director of transportation.

(c) The department shall prepare and submit
annually to the governor a report of its official acts during the preceding
fiscal year, together with its recommendations as to commercial harbor
improvements throughout the State. [L 1911, c 163, §3; am L 1913, c 150, §1; am
L 1915, c 169, §2; ratified, March 28, 1916, c 54, 39 Stat 39; am imp July 9,
1921, c 42, §315, 42 Stat 120; 48 U.S.C. §545; RL 1925, §834; RL 1935, §1732;
RL 1945, §4983; RL 1955, §112-3; am L Sp 1959 2d, c 1, §26; am imp L 1961, c
42, §1; HRS §266-2; am L 1978, c 231, §3; am L 1980, c 161, §2; am L 1991, c
34, §1 and c 272, §9; am L Sp 1993, c 8, §54]

Cross References

Regulation of pilots, see chapter 462A.

Attorney General Opinions

Expenditures for produce refrigeration systems at harbors are
for a public purpose. Att. Gen. Op. 62-12.

Case Notes

Power to impose and collect tolls and tonnage charges. 31 H.
372.

Power to contract, etc.: limitation on power of board to
bind the State. 43 H. 28.

Where the department of transportation's (DOT) governing
statutes did not explicitly or implicitly authorize the DOT to issue
administrative rules exonerating the State from the negligence of its
employees, Hawaii administrative rule §19-41-7 did not bear a reasonable
relationship to the DOT's statutory mandate, and the legislature's imposition
of a statutory duty to defend and/or indemnify in other circumstances
demonstrated the legislature's clear intent to reserve such power to itself,
trial court erred in obligating appellants to defend and indemnify the State
against injured plaintiff's claims. 111 H. 144, 140 P.3d 377.