Bill Text: HI SB1257 | 2019 | Regular Session | Amended
Bill Title: Relating To Use Permits For Small Boat Harbor Facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-04-25 - Conference Committee Meeting will reconvene on Friday 04-26-19 10:30AM in conference room 312. [SB1257 Detail]
Download: Hawaii-2019-SB1257-Amended.html
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THE SENATE |
S.B. NO. |
1257 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO USE PERMITS FOR SMALL BOAT HARBOR FACILITIES.
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 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) Except for commercial maritime activities
where there is a tariff established by the department of transportation,
moorage fees shall be established by appraisal by a state-licensed appraiser
approved by the department [and shall be higher for nonresidents than for
residents. The moorage fees shall be set
by appraisal categories schedule A and schedule B, to be determined by the
department, and may be increased annually by the department, to reflect a
cost-of-living index increase; provided that:
(A) Schedule A shall include existing mooring
permittees; and
(B) Schedule B shall apply to all new mooring
applicants and transient slips on or after July 1, 2011;
provided
further that schedule A rates shall be increased by the same amount each year
so that schedule A rates equal schedule B rates by July 1, 2014];
(2) For commercial maritime activities where there
is a tariff established by the harbors division of the department of
transportation, the department may adopt the published tariff of the harbors
division of the department of transportation or establish the fee by appraisal
by a state-licensed appraiser approved by the department;
(3) 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] set by the department; [and
(B) Not less than $100 for nonresidents;]
(4) 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 that shall be calculated at a rate of:
(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 paragraph may be increased by the
department at the rate of the annual cost-of-living index, but not more than [five]
fifty per cent in any one year, beginning July 1 of each year;
(5) 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] a fee that shall be the
greater of:
(A) Three per cent of the gross revenues
derived from the use of the vessel; or [two]
(B) Two times the moorage fee that would
be assessed for a recreational vessel of the same size[, whichever is
greater; and]; provided that if a vessel is also used as a place of
principal habitation, the vessel permittee shall also pay a liveaboard fee
established by appraisal by a state-licensed appraiser approved by the
department;
(6) The department is authorized to assess and
collect utility fees, including electrical and water charges, and common-area
maintenance fees in small boat harbors[.]; and
(7) All fees established by appraisal pursuant
to this subsection shall be set at fair market value."
SECTION
2. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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, 2049.
Report Title:
DLNR; Mooring Fees; Liveaboard Fees; State Small Boat Harbors
Description:
Amends the various fees the Department of Land and Natural Resources may charge for the usage of state small boat harbors. Amends the manner in which those fees are applied. (SB1257 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
