reglab/housing_qa huggingface dataset:
HI Rev Stat § 266-13 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-13 Dockage.

 §266-13 Dockage. (a) All watercraft:  (1) Lying idle alongside any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State; or  (2) Discharging or receiving freight or passengers on or from any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State, while made fast or lying alongside of the wharf, pier, bulkhead, quay, or landing; shall pay to the department of transportation such rates of dockage as shall be fixed by the department.  (b) All watercraft that receive or discharge freight or passengers:  (1) From or upon any wharf, pier, bulkhead, quay, or landing, by means of boats, lighters, or otherwise, while lying at anchor or under steam in any bay, harbor, or roadstead; or  (2) While lying in any slip or dock belonging to or controlled by the State, but not made fast to or lying alongside any wharf, pier, bulkhead, quay, or landing; shall pay such rates of dockage as shall be fixed by the department.  (c) Notwithstanding subsections (a) and (b), the department may waive dockage and other charges at any wharf, pier, bulkhead, quay, landing, slip, or dock belonging to or controlled by the State whenever:  (1) The governor declares a state of emergency; and  (2) The department determines that the waiver of dockage fees and other charges is consistent with assisting in the delivery of humanitarian relief to disaster-stricken areas of the State.  (d) Any watercraft leaving any wharf, pier, bulkhead, quay, landing, slip, dock, basin, or waters belonging to or controlled by the State without paying dockage and other charges, with intent to evade the payment thereof, shall be liable to pay double rates. [L 1913, c 150, §5; am L 1915, c 169, §4; RL 1925, §841; am L 1929, c 162, §1; RL 1935, §1739; RL 1945, §4991; RL 1955, §112-14; am L Sp 1959 2d, c 1, §26; HRS §266-13; am L 1995, c 99, §2]
HI Rev Stat § 266-14 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-14 Demurrage, lien, foreclosure.

 §266-14 Demurrage, lien, foreclosure. When any freight has remained upon any wharf, pier, bulkhead, quay, or landing for more than twenty-four hours, the department of transportation, in its discretion, may make demurrage charges for each subsequent day or part thereof that in its opinion are just and equitable.  The amount payable by any shipper or consignee for demurrage or other charges in respect of any freight shall be a lien on the freight, and the department may take and hold possession of any freight to secure the payment of the amount, and for the purpose of the lien, shall be deemed to have possession of the freight until the amount has been paid. If the charges due on freight are not paid within thirty days after being landed, the department may sell the freight at public auction and out of the proceeds retain the charges accrued, including the costs of public notice and sale, which latter shall be prorated upon the articles or lots sold in proportion to the amount received for each article or lot. Before any sale is made, the department shall give public notice of the time and place of sale at least once each week for three successive weeks in the county in which the place is located to which the freight is consigned or addressed, or by posting this notice at the courthouses of the district in which the place is located to which the freight is consigned or addressed. The notice shall contain a description of the property as near as may be, the name of the owner or consignee if known, the amount of charges due thereon, together with the time and place of sale. Any freight in its nature perishable may be sold by the department either at public or private sale as soon as its condition makes a sale necessary.  The surplus, if any, received from the sale, after paying any accrued freight charges on the freight, shall be paid to the owner or consignee, if known, and if not known, shall be deposited in the state treasury as a special fund. The fund shall consist of the surplus received from sales made under this section. At any time within one year thereafter, upon written demand and proof of identity satisfactory to the director, the director of finance shall pay the owner thereof the surplus. If this surplus is not claimed by the owner within one year after the date of sale it shall thereupon escheat to the State, and be transferred to the general fund of the State. [L 1915, c 169, §5; RL 1925, §842; RL 1935, §1740; RL 1945, §4992; am L 1955, c 53, §1; RL 1955, §112-15; am L Sp 1959 2d, c 1, § §14, 26; am L 1963, c 114, §1; HRS §266-14; gen ch 1985; am L 1998, c 2, §80]
HI Rev Stat § 266-15 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-15 REPEALED.

 §266-15 REPEALED. L 1971, c 12, pt of §1.
HI Rev Stat § 266-16 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-16 REPEALED.

 §266-16 REPEALED. L 1991, c 272, §16.
HI Rev Stat § 266-17 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-17 Rates, how fixed.

 §266-17 Rates, how fixed. (a) The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:  (1) Pay when due the principal of and interest on all bonds and other obligations for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, or which are otherwise payable from the revenue or from a special fund maintained or to be maintained from the revenue, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all bonds or other revenue obligations and interest thereon, which are payable from the special fund, including reserves therefor;  (2) Provide for all expenses of operation and maintenance of the properties, including reserves therefor, and the expenses of the department in connection with operation and maintenance; and  (3) Reimburse the general fund of the State for all bond requirements for general obligation bonds which are or have been issued for harbor or wharf improvements, or to refund any of the improvement bonds, excluding bonds, the proceeds of which were or are to be expended for improvements which are or will be neither revenue producing nor connected in their use directly with revenue producing properties.  (b) When weather, road closures due to special events, or road repairs do not permit the loading or unloading of passengers at Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the State shall be allowed to use Honolulu Harbor facilities on a space available basis, and the fees for the use of facilities shall be in accordance with the Hawaii administrative rules of the department of transportation relating to fees for use of facilities for private gain. [L 1931, JR 1; RL 1935, §1742; am L 1935, c 133, §1; RL 1945, §4996; am L 1947, c 72, §1; am L 1951, c 239, §1; RL 1955, §112-18; am L 1959, c 265, §15(a); am L Sp 1959 2d, c 1, § §14, 26; am L 1963, c 114, §1; am L 1967, c 221, §5; HRS §266-17; am L 1972, c 136, §1 and c 180, §3; am L 1976, c 221, §5; am L 1998, c 114, §1]
HI Rev Stat § 266-18 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-18 REPEALED.

 §266-18 REPEALED. L 1991, c 272, §17.
HI Rev Stat § 266-21.4 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-21.4 Marine inspections.

 §266-21.4 Marine inspections. (a) The department shall:  (1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state commercial harbors;  (2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state commercial harbors; and  (3) Approve a fee schedule for marine surveyors' inspections.  (b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection.  (c) Owners of vessels that fail the marine inspection may contest the inspection at an arbitration board of three approved inspectors and the original inspector. [L 1976, c 221, §8; am L 1991, c 272, §11; am L 2020, c 70, §16]
HI Rev Stat § 266-21.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-21.5 Biosecurity, inspection, and cargo support facilities.

  §266-21.5 Biosecurity, inspection, and cargo support facilities.  (a) The department of transportation shall provide space at commercial harbors for biosecurity and inspection facilities and to facilitate the safe and efficient movement of maritime cargo through the commercial harbors.  (b) The department and department of agriculture shall plan, design, and construct biosecurity, inspection, consolidation, deconsolidation, and treatment facilities for use by the department of agriculture to enhance the efficient and safe movement of imported and exported marine cargo, to include food [safety] and food security guidelines and standards. [L 2011, c 202, §3]
HI Rev Stat § 266-22 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-22 Maintenance of fire boat.

 §266-22 Maintenance of fire boat. The cost of operating and maintaining the fire boat shall be borne by the department of transportation. The department shall pay annually from its special fund for the operation and maintenance costs. [L 1951, c 175, §3; RL 1955, §112-22; am L Sp 1959 2d, c 1, §26; am L 1963, c 171, §1; HRS §266-22; am L 2012, c 69, §1]
HI Rev Stat § 266-23 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-23 Acceptance of gifts.

 §266-23 Acceptance of gifts. The director of transportation may, with the approval of the governor, accept and receive gifts of personal property, which gifts shall be used for harbor purposes; provided that moneys received by the director, pursuant to the authority granted herein, shall be deposited into an appropriate fund or account before being used for harbor purposes. [L 1965, c 28, §2; Supp, §112-24; HRS §266-23]
HI Rev Stat § 266-24 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-24 Enforcement.

 §266-24 Enforcement. (a) The director of transportation shall enforce this chapter and all rules thereunder, except for the rules relative to the control and management of the beaches encumbered with easements in favor of the public and ocean waters, which shall be enforced by the department of land and natural resources. For the purpose of the enforcement of this chapter and of all rules adopted pursuant to this chapter, the powers of police officers are conferred upon the director of transportation and any officer, employee, or representative of the department of transportation. Without limiting the generality of the foregoing, the director and any person appointed by the director hereunder may serve and execute warrants, arrest offenders, and serve notices and orders. The director of transportation and any employee, agent, or representative of the department of transportation appointed as enforcement officers by the director, and every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:  (1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;  (2) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and  (3) Subject to limitations as may be imposed by the director of transportation, serve and execute warrants, arrest offenders, and serve notices and orders.  Any employee appointed as a law enforcement officer by the director of transportation pursuant to this section who has been qualified by training may use electric guns, as specifically provided in section 134-87, when exercising powers of police officers and carrying out the responsibilities described herein; provided that training for the purposes of this section means a course of instruction or training in the use of any electric gun that is provided, authorized, or approved by the manufacturer of the electric gun before deployment or issuance of electric guns and related equipment.  For purposes of this subsection, "agent" and "representative" includes but is not limited to persons performing services at harbors or harbor areas under contract with the department of transportation.  (b) The department of transportation, in the name of the State, may enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State. [L 1967, c 68, §1; HRS §266-24; gen ch 1985; am L 1987, c 364, §2; am L 1988, c 62, §1; am L 1991, c 272, §12; am L 1996, c 128, §3 and c 296, §4; am L 2019, c 187, §3; am L 2021, c 183, §6]
HI Rev Stat § 266-24.1 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-24.1 Arrest or citation.

  §266-24.1 Arrest or citation. (a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce the provisions of this part, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, shall in the discretion of the enforcement officer:  (1) Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or  (2) Take the purported violator without unnecessary delay before a district judge.  (b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to include all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.  Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.  (c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.  (d) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.  If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.  (e) When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department of transportation whose name has been submitted to the prosecuting officer and who has been designated by the director of transportation to administer the oath. [L 1969, c 243, §1; am L 1970, c 188, §39; am L 1974, c 58, §2; gen ch 1985; am L 2020, c 70, §17] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 266-24.2 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-24.2 Vessels or property taken into legal custody; unauthorized control.

  §266-24.2 Vessels or property taken into legal custody; unauthorized control. No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department of transportation, with intent to defeat the custody, seizure, or detention, or impede, oppose, or defeat the process whereby the vessel or other property is under custody, seizure, or detention. [L 1978, c 82, §1]
HI Rev Stat § 266-26 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-26 Responsibility of vessel owner; evidence of unauthorized mooring.

  §266-26 Responsibility of vessel owner; evidence of unauthorized mooring. In any proceeding for violation of any statute or any rule adopted by the department pursuant to chapter 91 governing the mooring or placement of a vessel in the State, proof of ownership through:  (1) The state registration number; or  (2) The documented name or number of a vessel; or  (3) Any other identifying name or number; affixed to a vessel involved in such violation shall constitute prima facie evidence that the owner of the vessel was the person who moored or placed the vessel at the point where, and during the time when, such violation occurred. [L 1977, c 54, §1]
HI Rev Stat § 266-27 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-27 Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings.

 §266-27 Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings. (a) No person shall moor a vessel in a state commercial harbor without obtaining a use permit; nor shall a person continue to moor a vessel in any state commercial harbor if the use permit authorizing the vessel to moor has expired or otherwise been terminated. A vessel moored without a use permit or with a use permit that has expired or been terminated is an unauthorized vessel and is subject to subsections (b) to (e).  (b) The department shall cause to be placed upon, or as near to the unauthorized vessel as possible, a notice to remove vessel, which shall indicate that the vessel is in violation of this section, the date and time the notice was posted, and that the vessel must be removed within seventy-two hours from the time the notice was posted.  (c) An unauthorized vessel may be impounded by the department at the sole cost and risk of the owner of the vessel, if such a vessel is not removed after the seventy-two-hour period or if during said period the vessel is removed and re-moored in said harbor or any other state commercial harbor without a use permit.  (d) Custody of an impounded vessel shall be returned to the person entitled to possession upon payment to the department of all fees and costs due, and fines levied by a court. In addition, the department, within seventy-two hours of impoundment, shall send by certified mail, return receipt requested, a notice of impoundment to the registered owner or operator of any impounded vessel. The owner or operator of an impounded vessel shall have ten days after receipt of notice of impoundment of the vessel to request in writing an administrative hearing. This administrative hearing is solely for the purpose of allowing the owner or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing must be held within five days of the department's receipt of the written request, excluding Saturdays, Sundays, and holidays designated under section 8-1. The department shall adopt rules pursuant to chapter 91 to implement the requirement for this post-seizure administrative hearing process.  (e) Any unauthorized vessel impounded under this section, which remains unclaimed by the person entitled to possession, the registered owner, or a lien holder for more than thirty days, may be sold by the department at public auction. Where no bid is received, the vessel may be sold by negotiation, disposed of as junk, or donated to any governmental agency. [L 1980, c 34, §1; am L 1988, c 103, §1; am L 1991, c 272, § §13, 14; am L 1994, c 117, §1; am L 1995, c 113, §1]
HI Rev Stat § 266-28 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-28 Fines arising from environmental protection and maritime transportation security violations.

  §266-28 Fines arising from environmental protection and maritime transportation security violations. Notwithstanding any other law to the contrary, any commercial harbor tenant or user, including any shipper or shipping agent, who violates any federal, state, or county law or rule relating to environmental protection or maritime transportation security pursuant to title 33 Code of Federal Regulations chapter 1 and thereby causes a fine to be levied by the United States Coast Guard upon the department, shall reimburse the department for the entire amount of the fine. The department may take such actions necessary to collect and deposit any amount reimbursable under this section into the harbor special fund, and may also demand reimbursement for costs or expenses incurred by the department resulting from enforcement of this section. [L 2007, c 139, §2; am L 2012, c 313, §4]
HI Rev Stat § 266-29 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|266. Harbors|266-29 State harbors civil violations system; authorization.

  §266-29 State harbors civil violations system; authorization. (a) There is established, within the department of transportation, a state harbors civil violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.  (b) The department of transportation shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this section.  (c) Rules adopted pursuant to subsection (b) may include, but are not limited to, the following:  (1) Requirements for notice of state harbors infraction;  (2) A form of the answer that shall be made pursuant to a notice of state harbors infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;  (3) The action to be taken after an answer is received or when a person fails to answer the notice of state harbors infraction;  (4) Procedures for administrative hearings under this section;  (5) The imposition and enforcement of monetary assessments made pursuant to this section; and  (6) Means of assuring that the alleged violator who answers the notice of state harbors infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the state harbors civil violations system and waive the appeal provided for in section 91-14.  (d) Notwithstanding any other provision of law to the contrary, all state harbors infractions that the department of transportation identifies as subject to administrative penalties may be adjudicated pursuant to this section. [L 2012, c 313, pt of §1]