THE SENATE

S.B. NO.

3102

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PORT PILOTAGE.

 

 

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

 

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-   Duties of the director of transportation; consultation.  The director of transportation, or the director's designee, shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at a minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted hereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted hereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the rules of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter.

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91.  Due notice of hearing shall be mailed at least thirty days prior to the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department.

     (3)  The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States.

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 7.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter does not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST

 

 

 

Report Title:

DOT; DCCA; Port Pilots; Licensure

 

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of pilot licensure standards, requirements, and criteria.

 

 

 

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