Bill Text: HI HB2582 | 2010 | Regular Session | Introduced
Bill Title: Liveaboard Fees; Ala Wai and Keehi Boat Harbors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2010-04-12 - (S) Received notice of appointment of House conferees (Hse. Com. No. 558). [HB2582 Detail]
Download: Hawaii-2010-HB2582-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2582 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VESSELS AT ALA WAI AND KEEHI BOAT HARBORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Vessels used for purposes of
recreational boating activities which are also the principal habitation of the
owners shall occupy no more than one hundred twenty-nine berths at the Ala Wai
boat harbor and thirty-five berths at Keehi boat harbor, which is equal to
fifteen per cent of the respective total moorage space that was available as of
July 1, 1976, at the Ala Wai and Keehi boat harbors. [Notwithstanding the
purposes of small boat harbors, moorage for commercial vessels and commercial
vessel activities is not permitted in the Ala Wai and Keehi boat harbors;
provided that commercial catamarans, for which valid permits or registration
certificates have been issued by the department which allow the catamarans to
operate upon Waikiki shore waters for hire, may be permitted to moor in Ala Wai
boat harbor at facilities leased for commercial purposes.] The total
number of valid commercial use permits which may be issued for vessels assigned
mooring in Ala Wai boat harbor shall not exceed fifteen per cent of the total
berths and shall not exceed thirty-five per cent of the total berths at the
Keehi boat harbor.
The department shall allow a sole proprietor of
a catamaran operating with a valid commercial [registration certificate]
use permit issued by the department for a commercial catamaran to land
its commercial catamaran on Waikiki beach and to operate upon Waikiki shore
waters for hire, to transfer the ownership of the vessel from personal
ownership to corporate or other business ownership without terminating the
right to operate under the commercial [registration certificate.] use
permit. The existing commercial [registration certificate] use
permit shall be reissued in a timely manner in the name of the transferee
corporation or other business entity. No commercial [registration] use
permit issued to an owner of a commercial catamaran operating in the
Waikiki area shall be denied or revoked without a prior hearing held in
accordance with chapter 91."
SECTION 2. 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 that 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] lieu
of the moorage fee, a liveaboard fee that shall be calculated at a rate of:
(A) [$5.20 a foot of vessel length a month]
Two times the moorage fee assessed for a recreational vessel of the same
size per month where commercial vessel activities are permitted, or three times
the moorage fee assessed for a recreational vessel of the same size per month
in an exclusive, noncommercial harbor, if the permittee is a state
resident; and
(B) [$7.80 a foot of vessel length a month]
Two and one-half times the moorage fee assessed for a recreational vessel of
the same size per month where commercial vessel activities are permitted, or
three and one-half times the moorage fee assessed for a recreational vessel of
the same size per month in an exclusive, noncommercial harbor, if the
permittee is a nonresident;
provided that the liveaboard fees established by this paragraph 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 three per cent of the gross revenues derived from the use of the vessel or two times the moorage fee assessed for a recreational vessel of the same size, whichever is greater."
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.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Commercial Use Permits and Liveaboard Fees; State Small Boat Harbors
Description:
Authorizes moorage for commercial vessels and commercial vessel activities in the Ala Wai and Keehi Boat Harbors and adjusts fees for permittees of vessels that are used for a place of principal habitation in state small boat harbors.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
