§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 shallperform all the duties which may lawfully be exercised by or under the Staterelative to the control and management of commercial harbors, commercial harborand waterfront improvements, ports, docks, wharves, piers, quays, bulkheads,and landings belonging to or controlled by the State, and the shipping usingthe same;

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

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

(A) Services rendered in mooring commercialvessels;

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

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

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

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

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

(6) Adopt rules pursuant to chapter 91 and notinconsistent with law; and

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

(b) Notwithstanding any law or provision tothe 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 tostockpile dredged spoils, without the approval of county agencies.

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

All contracts and agreements authorized by lawto be entered into by the department shall be executed on its behalf by thedirector of transportation.

(c) The department shall prepare and submitannually to the governor a report of its official acts during the precedingfiscal year, together with its recommendations as to commercial harborimprovements throughout the State. [L 1911, c 163, §3; am L 1913, c 150, §1; amL 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, c42, §1; HRS §266-2; am L 1978, c 231, §3; am L 1980, c 161, §2; am L 1991, c34, §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 arefor 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 tobind the State. 43 H. 28.

Where the department of transportation's (DOT) governingstatutes did not explicitly or implicitly authorize the DOT to issueadministrative rules exonerating the State from the negligence of itsemployees, Hawaii administrative rule §19-41-7 did not bear a reasonablerelationship to the DOT's statutory mandate, and the legislature's impositionof a statutory duty to defend and/or indemnify in other circumstancesdemonstrated the legislature's clear intent to reserve such power to itself,trial court erred in obligating appellants to defend and indemnify the Stateagainst injured plaintiff's claims. 111 H. 144, 140 P.3d 377.