Report Title:

Moorage and Other Small Boat Harbor Fees; Boating Special Fund

Description:

Increases by 50% moorage fees, effective 1/1/03, and by 5% on 7/1/05 and 7/1/07, and authorizes DLNR to increase the fees by rules. Authorizes the increase of the percentage-of-gross-revenues fee for commercial vessels. Requires fees and penalties collected pursuant to rules relating to the boating law, and ocean recreation and coastal areas, to be deposited into the Boating Special Fund. (HB579 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

579

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to boating.

 

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

SECTION 1. Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The permittee shall pay moorage fees to the department for the use permit which shall be based on, but not limited to, the use of the vessel, its effect on the harbor, use of facilities, and the cost of administering this mooring program; and, furthermore:

(1) Moorage fees shall be established by the department and shall be higher for nonresidents; provided that the fees in effect on January 1, 2003, shall be increased by fifty per cent on July 1, 2003, and thereafter increased by five per cent on July 1st for each of the years 2005 and 2007; provided that the department may increase the fees by administrative rules;

(2) An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed. The application fee shall be:

(A) Set by the department; and

(B) Not less than $100 for nonresidents;

(3) If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in addition to the moorage fee, a liveaboard fee, which shall be:

(A) $5.20 a foot of vessel length a month if the permittee is a state resident; and

(B) $7.80 a foot of vessel length a month if the permittee is a nonresident;

provided that the liveaboard fees established by this subsection may be increased by the department at the rate of the annual cost-of-living index, but not more than five per cent in any one year, beginning January 1 of each year; and

(4) If a vessel is used for commercial purposes from its permitted mooring, the permittee shall pay, in lieu of the moorage and liveaboard fee, a fee based on a percentage of the gross revenues derived from the use of the vessel which shall be not less than two times the moorage fee assessed for a recreational vessel of the same size[.]; provided that the fee based on a percentage of gross revenues in effect on January 1, 2003, may be increased by 0.5 per cent commencing January 1, 2004, then by 0.25 per cent per year not to exceed a maximum of three per cent of gross revenues."

SECTION 2. Section 200-34, Hawaii Revised Statutes, is amended to read as follows:

"[[]§200-34[]] Disposition of revenues. All fees and penalties collected pursuant to section 200-32, and all fees and penalties established by rules adopted pursuant to sections

200-4 and 200-24, shall be deposited in the boating special fund."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.