HB 1083: RELATING TO VESSELS IN STATE COMMERCIAL HARBORS.

A BILL FOR AN ACT

RELATING TO VESSELS IN STATE COMMERCIAL HARBORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 266-61, Hawaii Revised Statutes, is amended to read as follows:

     "§266-61  Labor subject to collective bargaining; required.  [In] (a)  Except as provided in subsection (b), in addition to the duties of the department of transportation imposed under part I, the department of transportation shall require that the securing of mooring lines from vessels to commercial docks, wharves, piers, quays, and landings be performed by labor subject to collective bargaining[; provided that nothing in this section shall be construed as requiring that any].

     (b)  Subsection (a) shall not apply to:

     (1)  Any labor being performed at any shipyard or drydock; by or on behalf of any ship repair or construction company; or involving any activity relating to ship repair, construction and overhaul services, and maritime research and development [be subject to collective bargaining.]; and

     (2)  The securing of mooring lines from government-owned or government-sponsored vessels, training vessels, and fishing vessels."

     SECTION 2.  This Act shall not be applied so as to impair any contract existing as of the effective date of the Act in a manner violative of either the Constitution of the State of Hawaii or Article I, section 10, of the United States Constitution.

     SECTION 3.  The provisions of this Act shall be enforced to the extent they are not held to conflict with any federal or state constitutional provision, law, rule, or regulation.  The provisions of this Act are not severable and if any provision of the Act, or the application therof to any person or circumstance is held to conflict with any deferral or state constitutional provision, law, rule, or regulation, this Act, in its entirety shall be invalid.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Mooring Lines; Harbor Safety; Exempt Vessels; Commercial Harbors

Description:

Clarifies and expands the exemptions of certain vessels from the requirements for the securing of mooring lines in state commercial harbors.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO VESSELS IN STATE COMMERCIAL HARBORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 266-61, Hawaii Revised Statutes, is amended to read as follows:

     "§266-61  Labor subject to collective bargaining; required.  [In] (a)  Except as provided in subsection (b), in addition to the duties of the department of transportation imposed under part I, the department of transportation shall require that the securing of mooring lines from vessels to commercial docks, wharves, piers, quays, and landings be performed by labor subject to collective bargaining[; provided that nothing in this section shall be construed as requiring that any].

     (b)  Subsection (a) shall not apply to:

     (1)  Any labor being performed at any shipyard or drydock; by or on behalf of any ship repair or construction company; or involving any activity relating to ship repair, construction and overhaul services, and maritime research and development [be subject to collective bargaining.]; and

     (2)  The securing of mooring lines from government-owned or government-sponsored vessels, training vessels, and fishing vessels."

     SECTION 2.  This Act shall not be applied so as to impair any contract existing as of the effective date of the Act in a manner violative of either the Constitution of the State of Hawaii or article I, section 10, of the United States Constitution.

     SECTION 3.  The provisions of this Act shall be enforced to the extent they are not held to conflict with any federal or state constitutional provision, law, rule, or regulation.  The provisions of this Act are not severable and if any provision of the Act, or the application therof to any person or circumstance is held to conflict with any deferral or state constitutional provision, law, rule, or regulation, this Act, in its entirety shall be invalid.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Mooring Lines; Harbor Safety; Exempt Vessels; Commercial Harbors

Description:

Clarifies that the requirements for the securing of mooring lines in state commercial harbors shall not apply to certain vessels.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  113

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1083

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1083 entitled:

"A BILL FOR AN ACT RELATING TO VESSELS IN STATE COMMERCIAL HARBORS,"

begs leave to report as follows:

     The purpose of this measure is to clarify that the requirements for the securing of mooring lines in state commercial harbors shall not apply to certain vessels.

     Your Committee received testimony in support of this measure from Hawaii Longline Association and General Contractors Association of Hawaii.  Your Committee received testimony in opposition to this measure from Holo Holo Charters; Captain Andy's Sailing; and Blue Dolphin Charters.

     Your Committee finds that this measure exempts government-owned or government-sponsored vessels, training vessels, and fishing vessels from the requirements that the securing of mooring lines from vessels to the State's commercial docks, wharves, piers, quays, and landings be performed by labor that is subject to collective bargaining.

     Your Committee respectfully requests your Committees on Labor and Consumer Protection & Commerce, should they deliberate on this measure, to work with the Department of Transportation in potentially expanding the exemptions under this measure to include other vessels, as necessary.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1083, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1083, H.D. 1, and be referred to your Committee on Labor.

Respectfully submitted on behalf of the members of the Committee on Transportation,