SB 1402: Mooring Lines; Harbor Safety; Collective Bargaining; Exempt Vessels; 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 fishing vessels; government-owned or government-sponsored vessels; tour boats; and training vessels."

     SECTION 2.  This Act shall not be applied so as to impair any contract existing as of the effective date of this 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 thereof 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  Statutory material to be repealed is bracketed and stricken.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, 2025.

Report Title:

Mooring Lines; Harbor Safety; Collective Bargaining; Exempt Vessels; Commercial Harbors

Description:

Clarifies that the requirements for the securing of mooring lines in state commercial harbors shall not apply to fishing vessels, government-owned or government-sponsored vessels, tour boats, and training vessels.  (HD2)

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 thereof 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, 2025.

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.  (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 thereof 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, 2050.

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.  Effective 7/1/2050.  (SD1)

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.  1744

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1402

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 1402, S.D. 1, H.D. 1, 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 exempt government-owned or government-sponsored vessels, training vessels, and fishing vessels from the requirement that the securing of mooring lines be performed by labor subject to collective bargaining.

     Your Committee received testimony in support of this measure from the General Contractors Association of Hawaii and Hawaii Longline Association.  Your Committee received testimony in opposition to this measure from Capt Andy's Sailing Adventures.

     Your Committee finds that Act 236, Session Laws of Hawaii 2024 (Act 236), requires the securing of mooring lines from vessels to commercial docks, wharves, piers, quays, and landings to be performed by labor subject to collective bargaining.  The intent of Act 236 was to promote harbor safety by ensuring skilled workers handle harbor operations.  However, your Committee further finds that it was not the intent of Act 236 to subject smaller vessels to its requirements.  This measure exempts therefore various vessels from the requirements of Act 236.

     Your Committee has amended this measure by:

     (1)  Exempting tour boats from the requirement that the securing of mooring lines be performed by labor subject to collective bargaining; and

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

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1402, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1402, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  1387

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1402

      S.D. 1

      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 Labor, to which was referred S.B. No. 1402, S.D. 1, H.D. 1, 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 amend the requirements for the securing of mooring lines in state commercial harbors for certain vessels.

     Your Committee received testimony in support of this measure from the Hawaii Longline Association and General Contractors Association of Hawaii.  Your Committee received testimony in opposition to this measure from Holo Holo Charters, Inc.

     Your Committee recognizes that certain vessels that are considered to be small do not need be additionally restrained by heavy-duty mooring lines, as small vessels are often light enough to be easily secured to docks or other structures using simpler methods.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1402, S.D. 1, H.D. 1, and recommends that it be referred to your Committee on Consumer Protection & Commerce.

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

STAND. COM. REP. NO.  1196

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1402

      S.D. 1

      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 S.B. No. 1402, S.D. 1, 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 and expand the requirements for the securing of mooring lines in state commercial harbors.

     Your Committee received testimony in support of this measure from the General Contractors Association of Hawaii and Hawaii Longline Association.  Your Committee received testimony in opposition to this measure from Holo Holo Charters, Inc.; and one individual.

     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 has amended this measure by changing the effective date to July 1, 2025.

     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 S.B. No. 1402, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1402, S.D. 1, H.D. 1, and be referred to your Committee on Labor.

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

STAND. COM. REP. NO. 932

Honolulu, Hawaii

RE:    S.B. No. 1402

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 1402, S.D. 1, entitled:

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

beg leave to report as follows:

     The purpose and intent 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 Committees received testimony in support of this measure from the Hawaii Longline Association and General Contractors Association of Hawaii.

     Your Committees find that Act 236, Session Laws of Hawaii 2024 (Act 236), was intended to enhance maritime safety by requiring the securing of mooring lines from vessels in state commercial harbors to be performed by labor subject to collective bargaining.  However, certain vessel types either require fewer mooring lines, and are thus simpler to moor, or are staffed by crew well-qualified to execute mooring operations, such as smaller fishing vessels and government-owned vessels, respectively.  This measure eliminates the unnecessary burden placed on those vessels by expanding the exemptions to Act 236.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1402, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

STAND. COM. REP. NO. 247

Honolulu, Hawaii

RE:    S.B. No. 1402

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 1402 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to exempt government-owned or government-sponsored vessels, training vessels, and fishing vessels from the requirement 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 received testimony in support of this measure from the General Contractors Association of Hawaii and Hawaii Longline Association.

     Your Committee finds that Act 236, Session Laws of Hawaii 2024 (Act 236), required that the securing of mooring lines from vessels to the State's commercial docks, wharves, piers, quays, and landings be performed by labor subject to collective bargaining.  Since the passage of Act 236, several vessel types have been identified as appropriate to be exempted from the requirement established by Act 236.  Your Committee further finds that government-owned or -sponsored vessels employ qualified staff to safely and more efficiently conduct their necessary mooring operations.  Accordingly, this measure exempts government-owned or -sponsored vessels, training vessels, and fishing vessels from the requirements of Act 236.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1402, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1402, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,