Report Title:

Boating Law

Description:

Caps mooring fees for a use permit at small boat harbors at 3% of gross revenues. Allows the department of land and natural resources to adopt rules covering fees and penalties. (SD1)

THE SENATE

S.B. NO.

2097

TWENTY-SECOND LEGISLATURE, 2004

S.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;

(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 in effect on January 1, 2004, and thereafter may not 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 under 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 on July 1, 2040.