reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-2 Declaration of policy.

§271G-2 Declaration of policy.
The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State or between points within the State, constitutes a business affected with the public interest. It is intended by this chapter to provide for fair and impartial regulation of such transportation, so administered as to recognize and preserve the inherent advantages of such transportation, in the interest of preserving for the public the full benefit and use of the waterways consistent with the public safety and the needs of commerce: to promote safe, adequate, economical, and efficient service among carriers, to encourage the establishment and maintenance of reasonable rates and charges for transportation and related accessorial service, without unjust discrimination, undue preference or advantage, or unfair or destructive competitive practices, all to the end of developing, coordinating, and preserving a sound transportation system by water. This chapter shall be administered and enforced with a view to carrying out the above declaration of policy. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-3 Administration; governing provisions of other acts.

§271G-3 Administration; governing provisions of other acts.
This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-16 to 269-28 shall not apply in any respect to the regulation of water carriers. [L 1974, c 94, pt of §1; am L 1986, c 339, §28]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-4 Application of chapter, interstate, or foreign commerce.

§271G-4 Application of chapter, interstate, or foreign commerce.
This chapter shall not apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-5 Definitions.

§271G-5 Definitions.
As used in this chapter:
"Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by water.
"Chapter" means this Water Carrier Law.
"Commission" means the public utilities commission.
"Document" includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission.
"Enforcement officer" means any person employed and authorized by the commission to investigate any matter on behalf of the commission.
"Person" or "persons" means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.
"Rates" includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise.
"Related companies" means companies or persons that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the water carrier. The term "control", in reference to a relationship between any person or persons and another person or persons, includes actual as well as legal control, and indirect as well as direct control.
"Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.
"Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities.
"Vessel" means any watercraft or other artificial contrivance of whatever description that is used, or capable of being used, or intended to be used, as a means of transportation by water.
"Water carrier" or "common carrier by water" means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State. [L 1974, c 94, pt of §1; gen ch 1985; am L 1991, c 57, §3; am L 2020, c 70, §22; am L 2023, c 205, §6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-6 Exemptions, generally.

§271G-6 Exemptions, generally.
Notwithstanding any other provisions of this chapter, its contents shall not apply to:
(1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person except where the transportation is undertaken by a water carrier to evade the regulatory purposes of this chapter;
(2) Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;
(3) Persons engaged in the transportation over water of passengers or property for compensation, other than transportation referred to in the definition of "water carrier" or "common carrier by water" in section 271G-5 under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:
(A) Through the assignment of vessels for a continuing period of time to the exclusive use of each person served; or
(B) Designed to meet the distinct need of each individual customer;
(4) Persons transporting their own property or employees where the transportation is in furtherance of a business or enterprise of fishing or taking of fish for profit or gain as a means of livelihood; or
(5) Persons engaged in the business of transporting persons for sightseeing and other recreational activities. [L 1974, c 94, pt of §1; am L 2020, c 70, §23]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-7 General duties and powers of the commission.

§271G-7 General duties and powers of the commission.
The general duties and powers of the public utilities commission shall be:
(1) To regulate water carriers, and to that end the commission shall have and utilize the investigative powers set forth in section 269-7 as well as all of the duties and powers specifically enumerated in this chapter, and water carriers shall be subject to the duties set forth in sections 269-8 and 269-9 as well as all of the duties specifically enumerated herein.
(2) To establish such just and reasonable classifications of water carriers as the special nature of the services performed by the carriers shall require, and such just and reasonable rules, regulations, and requirements, consistent with this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest. Such classifications, rules, regulations, and requirements shall be adopted and promulgated pursuant to the provisions of chapter 91 and shall have the force and effect of law.
(3) Upon complaint in writing to the commission by any person or body politic, or upon its own initiative without complaint, the commission may investigate whether any water carrier has failed to comply with any provision of this chapter, or with any rule or order adopted or issued hereunder.
(4) The commission may investigate any person acting in the capacity of or engaging in the business of a water carrier within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter. [L 1974, c 94, pt of §1; am L 1991, c 57, §15]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-8 Reports and decisions of commission.

§271G-8 Reports and decisions of commission.
Whenever the public utilities commission inquires into the operations, operating rights, rates, safety of operations, or directs inquiry and investigation into water carrier activities regulated under this chapter, and holds public hearing thereon, it shall make a report in writing, on paper or an electronic copy, in respect thereto, that shall state its findings of fact and conclusions of law, together with its decision, order, or requirement in the premises. The provisions of chapter 91 shall apply. [L 1974, c 94, pt of §1; am L 2023, c 205, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-9 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.

§271G-9 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.
The copies of schedules and classifications and tariffs or rates, fares, and charges, and all contracts, agreements and arrangements between water carriers filed with the public utilities commission as herein provided, and any reports filed with the commission as required under this chapter shall be preserved as public records. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-12 Temporary authority.

§271G-12 Temporary authority.
To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a water carrier. The temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the commission shall specify, but for no more than a period of one hundred twenty days for any one immediate and urgent need. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-13 Security for protection of public.

§271G-13 Security for protection of public.
No certificate shall be issued to a water carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amounts as the commission may require. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-15 Suspension, change, and revocation of certificates.

§271G-15 Suspension, change, and revocation of certificates.
Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may, upon application of the holder thereof, in the discretion of the public utilities commission, be amended or revoked, in whole or in part, or may upon complaint, or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for wilful failure to comply with any provisions of this chapter, or with any lawful order, rule, or regulation of the commission promulgated thereunder, or with any term, condition, or limitation of the certificate; provided that no such certificate shall be revoked (except upon application of the holder) unless the holder thereof wilfully fails to comply within a reasonable time, not less than thirty days, to be fixed by the commission, with a lawful order of the commission, made as provided in this chapter, commanding obedience to this chapter, or to the rule or regulation of the commission thereunder, or to the term, condition, or limitation of the certificate or permit, found by the commission to have been violated by the holder; and provided further that the right to engage in transportation by virtue of any certificate or any application filed pursuant to section 271G-10 or by virtue of temporary authority under section 271G-12 may be suspended by the commission, upon reasonable notice of not less than fifteen days to the carrier, but without hearing or other proceedings, for failure to comply, and until compliance, with section 271G-17(a) or with any lawful order, rule, or regulation of the commission promulgated thereunder. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-17.5 Issuance of securities.

§271G-17.5 Issuance of securities.
(a) A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise:
(1) Enter into vessel leases longer than five years;
(2) Enter into leverage leases for vessels; or
(3) Issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, for the following purposes and no other, namely:
(A) For the acquisition of property;
(B) For the construction, completion, extension, or improvement of or addition to its facilities or service;
(C) For the discharge or lawful refunding of its obligations; or
(D) For the reimbursement of moneys actually expended from income or from any other moneys in its treasury not secured by or obtained from the issue of its stocks or stock certificates, or bonds, notes, or other evidences of indebtedness, for any of the aforesaid purposes, except maintenance of service, replacements, and substitutions not constituting capital expenditures in cases where the water carrier has kept its accounts for the expenditures in a manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which the expenditures were made, and the sources of the funds in its treasury applied to the expenditures.
(b) As used in this section, "property" and "facilities" mean property and facilities used in all operations of a water carrier whether or not included in its regulated operations or rate base. A water carrier may not issue securities, enter into vessel leases longer than five years or enter into leverage leases for vessels, to acquire property or to construct, complete, extend, improve, or add to its facilities or service, if the commission determines that the proposed purpose will have a material adverse effect on its operations. No carrier shall repurchase or reissue its own common stock without prior commission approval.
(c) All stock and every stock certificate, and every bond, note, or other evidence of indebtedness of a water carrier not payable within twelve months, issued without an order of the commission authorizing the same, then in effect, shall be void. In addition, all vessel leases longer than five years and all leverage leases entered into by a water carrier for vessels without an order of the commission authorizing the same then in effect shall be void. [L 1980, c 131, §1; am L 2023, c 138, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-18 Accounts, records, and reports.

§271G-18 Accounts, records, and reports.
The public utilities commission may require annual, periodical, or special reports from all water carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and correct answers to all questions upon which the commission may deem information to be necessary. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-20 Collection of rates and charges.

§271G-20 Collection of rates and charges.
No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid if such delivery or relinquishment without payment of all such rates and charges has been prohibited or restricted by rules and regulations of the commission, and if so prohibited and restricted, then delivery or relinquishment shall be made only under such rules and regulations as the public utilities commission may from time to time prescribe to govern the settlement of all the rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice; provided that this section shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any state or political subdivision thereof. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-21 Recovery of overcharges or undercharges.

§271G-21 Recovery of overcharges or undercharges.
(a) All actions by water carriers or common carriers by water for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.
(b) For recovery of overcharges, actions shall be begun within three years from the time the cause of action accrues, and not after, subject to subsection (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof specified in the notice.
(c) If on or before the expiration of the three-year period of limitation in subsection (b) a common carrier by water begins action under subsection (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, the period shall be extended to include ninety days from the time the action is begun or the charges are collected by the carrier.
(d) The cause of action in respect of a shipment of property shall, for the purpose of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.
(e) The term "overcharges" as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-22 Allowance to shippers for transportation services.

§271G-22 Allowance to shippers for transportation services.
If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be published in tariffs or schedules filed in the manner provided in this chapter and shall be no more than is just and reasonable; and the public utilities commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order. [L 1974, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-23 Hearings.

§271G-23 Hearings.
(a) All hearings, investigations, and proceedings shall be governed by chapter 91 and by rules of practice and procedure adopted by the public utilities commission, and in the conduct thereof, the technical rules of evidence need not be applied; provided that in all evidentiary hearings conducted pursuant to chapter 91 in which a carrier has the burden of justifying the reasonableness of its rates, fares, charges, or classifications, the burden of proof of the carrier in proving the reasonableness of expenditures, contracts, leases, or other transactions between the carrier and corporate affiliates of the carrier shall be satisfied only if the reliable, probative and substantial evidence is clear and convincing. No informality in any hearing, investigation, or proceeding, or in the manner of taking testimony shall invalidate any order, decision or rule made, approved, or confirmed by the commission.
(b) Complaints may be made, in writing, by the commission on its own motion or by any person or body politic setting forth any act or thing done, or omitted to be done by any water carrier, including any rule, regulation, rate, or charge, heretofore established or fixed by or for any water carrier, in violation or claimed to be in violation, of any law or of any order or rule of the commission. [L 1974, c 94, pt of §1; am L 1980, c 202, §4 and c 232, §9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-23.5 Notice of hearing required.

§271G-23.5 Notice of hearing required.
(a) Whenever the commission conducts a public hearing on an application for a certificate pursuant to section 271G-10, the commission shall provide reasonable notice in writing to the applicant for a certificate and to the public on each island that will be affected by the proposed service of the fact of the public hearing and the matter to be considered. Notice pursuant to this section shall be provided at least thirty days before the date fixed by the commission for the public hearing.
(b) Notice provided pursuant to this section shall plainly state the proposed operations, routes, and services of the applicant and the proposed effective date. Notice under this section shall be effective upon compliance with subsection (c); provided that the commission shall retain and make available for public inspection copies of all notices and related documents issued pursuant to this section.
(c) Any public hearing held pursuant to section 271G-10(c) shall be a noticed public hearing or hearings on the island or islands to which the water carrier proposes to provide services or which will be affected by the proposed service. Notice of the hearing, its purpose, and the date, time, and place at which it will open shall be given not less than once in each of three weeks on each island in the county or counties to which the water carrier proposes to provide services or which will be affected by the proposed service. The first notice shall be given not less than twenty-one days before the public hearing and the last notice shall be given not more than two days before the public hearing. [L 2011, c 213, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271G. Hawaii Water Carrier Act › 271G-24 Appeals.

§271G-24 Appeals.
From an order of the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts and by the rules of court; provided that the order is final, or if preliminary, is of the nature defined by section 91-14(a). The appeal, of itself, shall not stay the operation of the order appealed from, but the court may stay the same after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise to secure a restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, revised, or modified in whole or in part. [L 1974, c 94, pt of §1; am L 1979, c 111, §14; am L 2004, c 202, §34; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeals, see Hawaii Rules of Appellate Procedure.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-1 Franchise.

§273-1 Franchise.
The comptroller, by and with the consent of the governor, may enter into contract with any association of persons who may associate themselves together under the general corporation law of the State, and by the general law in relation to corporations and subject to all the provisions thereof, for the purpose of building and operating a railroad or railroads in any part of the State. [L 1878, c 29, §1; RL 1925, §877; RL 1935, §1783; RL 1945, §5041; RL 1955, §106-1; am L Sp 1959 2d, c 1, §12; HRS §273-1]
Case Notes
Right of eminent domain conferred only upon such corporations as have entered into a contract with the Minister of Interior for the purpose of building and operating railroad and not upon all corporations that have incorporated under general corporation law for such purpose. 11 H. 479 (1898).
Right of eminent domain delegated to O.R. & L. Co. does not carry with it the right to condemn public land in Honolulu Harbor. 11 H. 717 (1899).
Cited: 21 H. 375, 377 (1912).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-2 Granting public lands, etc.

§273-2 Granting public lands, etc.
The department of land and natural resources, with the consent of the governor, may grant a right-of-way, not greater than forty feet in width, through all public lands, to any corporation as aforesaid for the purpose of building the railroad or railroads. With like consent and approval, the department may grant the use of such public lands, lying alongside and abutting such right-of-way, as may be reasonably necessary for buildings, stations, depots, or other structures, for railroad purposes only. [L 1878, c 29, §2; am L 1913, c 64, §1; RL 1925, §878; RL 1935, §1784; RL 1945, §5042; RL 1955, §106-2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §273-2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-4 Compensation to be made.

§273-4 Compensation to be made.
In the exercise of the powers mentioned in section 273-3, the corporation shall do as little damage as can be; and shall make full compensation in the manner provided in chapter 101, to all parties interested for all damage sustained by reason of the exercise of such power. [L 1878, c 29, §4; RL 1925, §880; RL 1935, §1786; RL 1945, §5044; am L 1951, c 12, §3; RL 1955, §106-4; HRS §273-4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-5 Width of land taken.

§273-5 Width of land taken.
The lands to be taken or used for the line of any railway lawfully authorized, shall not exceed one hundred feet in width, except where greater width is necessary for engines or carriages to turn, stand in, or pass each other, or for stations, or for raising embankments, or for crossing valleys or low grades, or for cutting through high grounds, or for the erection or establishment of any fixed or permanent wharf, warehouse, tollhouse, machinery, or other building or erection, or for excavating, removing, or depositing earth or other material. [L 1878, c 29, §5; RL 1925, §881; RL 1935, §1787; RL 1945, §5045; RL 1955, §106-5; HRS §273-5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-6 Superfluous lands to be sold.

§273-6 Superfluous lands to be sold.
Where lands are acquired by the corporation under the exercise of eminent domain, but are not required for its purposes, the corporation, within the prescribed period, or if no period is prescribed, within ten years after the expiration of the time limited by the charter for the completion of the works, shall absolutely sell and dispose of all superfluous lands and apply the purchase money arising from the sale to the purpose of the charter, and in default thereof, all superfluous lands remaining unsold at the expiration of this period, shall thereupon vest in and become the property of the owners of the lands adjoining thereto in proportion to the extent of their lands respectively adjoining the same. [L 1878, c 29, §19; RL 1925, §893; RL 1935, §1799; RL 1945, §5057; am L 1951, c 12, §4; RL 1955, §106-6; HRS §273-6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-7 Offered to adjoining owners first.

§273-7 Offered to adjoining owners first.
Before the corporation disposes of any superfluous lands, it shall, unless the lands are situated within a town, or are lands built upon, or used for building purposes, first offer to sell the same to the person then entitled to the lands (if any) from which the same were originally severed; or if the person refuses to purchase the same, or cannot, after diligent inquiry, be found, then the like offer shall be made to the person, or to the several persons whose lands immediately adjoin the lands so proposed to be sold, such persons being capable of entering into a contract for the purchase of the lands; and when more than one person is entitled to the right of preemption, the offer shall be made to these persons in succession, one after another, in such order as the corporation shall think fit. [L 1878, c 29, §20; RL 1925, §894; RL 1935, §1800; RL 1945, §5058; RL 1955, §106-7; HRS §273-7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-8 Acceptance of offer.

§273-8 Acceptance of offer.
If any such persons are desirous of purchasing such lands, then within six weeks after such offer of sale, they shall signify their desire to purchase the lands, to the corporation; or if they decline such offer, or if for six weeks they neglect to signify their desire to purchase such lands, the right of preemption of every such person so declining or neglecting in respect of the lands included in the offer shall cease; and a declaration in writing made before a justice by some person not interested in the matter in question, stating that the offer was made and was refused or not accepted within six weeks from the time of making the same, or that the person or all the persons entitled to the right of preemption were out of the country, or could not, after diligent inquiry, be found, or were not capable of entering into a contract for the purchase of the lands, shall, in all courts, be sufficient evidence of the facts therein stated. [L 1878, c 29, §21; RL 1925, §895; RL 1935, §1801; RL 1945, §5059; RL 1955, §106-8; HRS §273-8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-9 Arbitration of price.

§273-9 Arbitration of price.
If any person entitled to such preemption desires to purchase the lands, and the person and the corporation do not agree to the price thereof, then the price shall be ascertained by arbitration. The cost of the arbitration shall be in the discretion of the arbitrators. [L 1878, c 29, §22; RL 1925, §896; RL 1935, §1802; RL 1945, §5060; RL 1955, §106-9; HRS §273-9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-10 Nature of motive power allowable.

§273-10 Nature of motive power allowable.
All railroad companies authorized under the laws of the State to operate their railroads by steam power may operate their railroads or any portion of the same by electric power, either by overhead or underground wires or by storage batteries, or by such other methods as may be an improvement upon either; or by compressed air; or by such other motive power as the railroad companies may from time to time elect; provided that a part of the railroad may be operated by one motive power while another or other portions thereof may be operated by another or other motive powers. [L 1907, c 88, §1; RL 1925, §897; RL 1935, §1803; RL 1945, §5061; RL 1955, §106-10; HRS §273-10]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-11 Right to provide same, subject to rights of others.

§273-11 Right to provide same, subject to rights of others.
Such railroad companies with the consent of the comptroller may provide, construct and install, maintain, change, and repair such means for the transmission and return of electric, compressed air, or other motive power for such motive purposes along, upon, and over such highways, streets, or roads upon which they have rights of way by franchise as may from time to time be necessary for the operation of the railroads; provided that the railroad companies shall so exercise this right that unnecessary injury or deterioration shall not occur nor be done to the water pipes, sewer pipes, gas pipes, or other property of the State, or of any person and shall save the State, or any person harmless and indemnified from all loss, cost, damage, and expense by reason thereof. [L 1907, c 88, §2; RL 1925, §898; RL 1935, §1804; RL 1945, §5062; RL 1955, §106-11; am L Sp 1959 2d, c 1, §12; HRS §273-11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-12 Railway to be fenced.

§273-12 Railway to be fenced.
The corporation shall fence in the line of railway with a good and sufficient legal fence. [L 1878, c 29, §23; RL 1915, §899; RL 1935, §1805; RL 1945, §5063; RL 1955, §106-12; HRS §273-12]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-13 Bylaws, regulations.

§273-13 Bylaws, regulations.
The corporation may from time to time make bylaws and regulations for the management and control of the railway, and for regulating the traffic thereon; and the bylaws and regulations on being approved by the governor, shall have the force of law. The corporation shall, at all times, cause a copy of the bylaws and regulations to be posted and exhibited at the principal stations on the line of railway. [L 1878, c 29, §24; RL 1925, §900; RL 1935, §1806; RL 1945, §5064; RL 1955, §106-13; HRS §273-13]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-14 Penalty for violating.

§273-14 Penalty for violating.
Any person violating any bylaw or regulation approved in section 273-13, shall be fined not more than $25 and costs; and in default of payment, shall be imprisoned not more than three months. [L 1878, c 29, §25; RL 1925, §901; RL 1935, §1807; RL 1945, §5065; RL 1955, §106-14; HRS §273-14]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-15 Bonds.

§273-15 Bonds.
Any corporation which may be organized, and undertake the building of any railroad or railroads, in pursuance of the authority of this chapter, and in accordance with it, may issue bonds to raise money for the construction of such railroad or railroads, in such sums as may be convenient. [L 1878, c 29, §30; RL 1925, §902; RL 1935, §1808; RL 1945, §5066; RL 1955, §106-15; HRS §273-15]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 273. Railway Law › 273-16 Aid to public railroads only.

§273-16 Aid to public railroads only.
The aid by this chapter contemplated shall be extended only to railroads of public utility, and not to railroads of mere private or limited convenience. [L 1878, c 29, §31; RL 1925, §903; RL 1935, §1809; RL 1945, §5067; RL 1955, §106-16; HRS §273-16]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 275. Liabilities and Offenses Connected with Telephones, Wire Communications, and Cable Television Systems › 275-6 Party line; refusal to yield in emergency.

§275-6 Party line; refusal to yield in emergency.
Any person who wilfully refuses to immediately relinquish a party line when informed that the line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service, or any person who secures the use of a party line by falsely stating that the line is needed for an emergency call, shall be guilty of a misdemeanor. [L 1957, c 190, pt of §1; Supp, §309A-2; HRS §275-6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 275. Liabilities and Offenses Connected with Telephones, Wire Communications, and Cable Television Systems › 275-7 Definitions.

§275-7 Definitions.
"Emergency" as used in sections 275-5 and 275-6 means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
"Party line" as used in sections 275-5 and 275-6 means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. [L 1957, c 190, pt of §1; Supp, §309A-3; HRS §275-7]
Note
Section 275-5 referred to in text is repealed.
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 277. Energy Corridors › 277-1 Findings and declaration of necessity.

§277-1 Findings and declaration of necessity.
The legislature finds and declares that:
(1) There is a critical problem in establishing convenient and economical means for transporting fuels and other sources of energy from the places of manufacture or storage to distribution areas within the State of Hawaii or the places of consumption;
(2) There would be a maximization of the use of available lands if a state agency were to be authorized to acquire, hold and manage energy corridors consisting of lands or interest therein, thereby controlling the use thereof;
(3) Competition would be fostered and thereby a reduction in cost to consumers would be realized if the State could make available energy corridors as the location for the facilities necessary for the transportation of sources of energy;
(4) The department of transportation is the agency of the State best able to manage and control the energy corridors. The legislature also finds that the acquisition of private property for the aforementioned purposes is necessary, and that such acquisition is for a public use. [L 1970, c 33, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 277. Energy Corridors › 277-2 Authorization.

§277-2 Authorization.
The department of transportation shall establish, maintain, operate, manage and control energy corridors throughout the State for the purpose of maximizing the utilization of lands available for use in connection with transporting by pipeline or other means, sources of energy including but not limited to oil, its derivatives and natural gas; provided that the utilization of such energy corridors shall be permissive and not mandatory. [L 1970, c 33, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 277. Energy Corridors › 277-3 Acquisition of lands.

§277-3 Acquisition of lands.
The director of transportation in the name of the State and subject to the approval of the governor may for the purposes of this chapter acquire, by purchase or eminent domain, private property in fee simple, or any lesser interest therein, including leases, all property necessary for the establishment, maintenance, operation, management and control of energy corridors. [L 1970, c 33, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 277. Energy Corridors › 277-4 Disposition.

§277-4 Disposition.
The director of transportation may dispose of any interests in the lands acquired for the purposes of this chapter by lease or license or by the grant of easements to any person who is engaged in the business of furnishing or delivering sources of energy, in bulk. [L 1970, c 33, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-1 Statement of purpose.

§279A-1 Statement of purpose.
The legislature finds that continued growth in transport demand and increasing mobility requirements indicate a need for innovative, as well as improved, transportation systems which, while serving local needs, are integrated on a statewide basis. The State Transportation Plan of 1961 is no longer responsive to the needs of the people of Hawaii. A comprehensive, multi-modal statewide transportation planning process should be established which involves all levels of government in a cooperative process to develop coordinated transportation plans. Coordination of such a statewide planning process should be the primary responsibility of the department of transportation. However, to ensure that statewide transportation planning involves the continuing involvement of county governments in the production of a statewide transportation plan, there is a need to establish a statewide transportation council consisting of representatives of the state government and each of the four counties. There is no intent to diminish or pre-empt the existing authorities and responsibilities of county governments for the planning and implementation of transportation systems. It is the purpose of this chapter to provide a means of coordinating the State's existing responsibilities for inter-island and major highway transportation planning and development with counties' responsibilities for intra-island surface transportation system planning and development, in order to facilitate the ultimate production of a statewide transportation plan which optimizes intra-island and inter-island system integration. [L 1975, c 179, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-2 Statewide transportation plan.

§279A-2 Statewide transportation plan.
(a) The state department of transportation shall prepare a new statewide transportation plan and shall submit said plan to the legislature in its 1978 session. The legislature shall adopt the plan by resolution. The plan shall be directed toward the ultimate development of a balanced, multi-modal statewide transportation system that serves clearly identified social, economic, and environmental objectives. The statewide transportation plan shall include the following system components:
(1) The national system of interstate and defense highways, and highways within the state highway system;
(2) Airports;
(3) Harbors and water-borne transit;
(4) Surface mass transit systems; and
(5) Major county roads.
The department of transportation shall pay particular attention to the interfacing of the various modes of transportation.
(b) The statewide transportation plan shall:
(1) Include projected transportation needs for a six-year period and a schedule of priorities for the construction, modification, and maintenance of various segments of the statewide plan that involve either state-operated systems or county-operated systems that may require state financial assistance for a twenty-year period; and
(2) Comply with county transportation-related plans; county general plans; and all community, development, or community development plans adopted pursuant to the county general plan, to the extent that compliance does not affect the receipt of federal funds.
(c) Both the six-year and twenty-year estimates shall be updated annually. [L 1975, c 179, §2; am L 2009, c 27, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-3 Financial plan.

§279A-3 Financial plan.
The statewide transportation plan shall include a financial plan for the projected elements of the statewide transportation system, including both those sub-systems which are within the counties' authorities and responsibilities and the sub-systems which are within the State's authorities and responsibilities. In respect to sub-systems planned and to be implemented by the counties, the financial plan will identify those which may involve state financial assistance and will estimate the projected amounts of such assistance.
The financial plan shall consider various sources of revenue without regard to any constraints imposed by law on expenditures from such sources necessary to assure adequate financing of the sub-systems and, if necessary, recommend appropriate legislation to the legislature to secure such financing. [L 1975, c 179, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-4 Statewide transportation council; establishment.

§279A-4 Statewide transportation council; establishment.
To assist and advise the department of transportation in the development of the statewide transportation plan there is hereby established a statewide transportation council consisting of thirteen members. The members of the council shall be the director of transportation; director of business, economic development, and tourism; director of health; director of the office of planning and sustainable development; chairperson of the board of agriculture; planning directors of each of the four counties; and transportation directors of each of the four counties. The members may be represented at council meetings by their designated alternates. The director of the state department of transportation shall submit recommendations to the council for additional ex officio, nonvoting members who, upon the majority vote of the council, shall be invited to serve.
The department of transportation shall furnish staff support to the council; such staff may be exempt from chapter 76. The director of transportation shall be the chairperson of the council. All decisions of the council shall be by majority vote unless otherwise provided. [L 1975, c 179, §4; am L 1979, c 25, §1; am L 1987, c 336, §5; am L 1990, c 293, §8; gen ch 1993; am L 1996, c 299, §3; am L 2000, c 253, §150; am L 2021, c 152, §9 and c 153, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-5 Preparation of budget.

§279A-5 Preparation of budget.
The operations of the council will be financed by funds appropriated by section 79A, Act 218, Session Laws of Hawaii, 1973, as amended by section 9, Act 218, Session Laws of Hawaii, 1974. An annual recommended budget for the council shall be prepared by its chairperson and submitted to the council for approval. Funds may be expended for staff services, administrative and operating costs, travel and per diem costs of council members and staff, hiring of consultants to assist in work program formulation, planning and research, publication of materials, and any other activities necessary and incidental to the effective operations of the council in fulfilling the purposes of this chapter. [L 1975, c 179, §5; gen ch 1993]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-6 Work program.

§279A-6 Work program.
The state department of transportation shall formulate a detailed work program through which the statewide transportation plan mandated by this chapter shall be developed. The work program shall be approved by the council no later than September 1, 1975. The council shall report thereafter annually to the legislature on the progress that has been made to date as measured against the work plan.
The work program shall provide for a systematic planning interface among the ongoing planning activities of the counties, the state department of transportation, and the council itself. The work program shall include specific target dates for the provision of identified planning inputs from the responsible state and county functional agencies into the statewide planning process. In determining this schedule, the council shall solicit from the counties their present transportation planning schedules for intra-county systems, and the council's work program shall reflect the counties' existing work product schedule and planning cycles. [L 1975, c 179, §6]