Report Title:
Moorage Fees; Legislative Committee Review
Description:
Authorizes a 35 percent increase in boating moorage fees for nonresidents beginning 7/1/02 with annual 5 percent increases through 7/1/06, and by department rule beginning 7/1/07.
Authorizes an adjustment to moorage fees for commercial boats. Establishes a joint legislative committee to review DLNR's Division of Boating and Ocean Recreation by following up on recommendations contained in five reports. (SB1280 HD1)
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THE SENATE |
S.B. NO. |
1280 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
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STATE OF HAWAII |
H. D. 1 |
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A BILL FOR AN ACT
RELATING TO SMALL BOAT HARBORS.
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, 2002, shall be increased by thirty-five per cent on July 1, 2002, and thereafter increased by five per cent on July 1 for the years 2003, 2004, 2005, and 2006, and thereafter established by administrative rule beginning July 1, 2007;
(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, 2002, may be increased by fifty one-hundredths per cent commencing January 1, 2003, then by twenty-five one-hundredths 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. (a) There is established a joint legislative committee to review the department of land and natural resources, division of boating and ocean recreation, consisting of the senate committee on economic development and technology and the house of representatives committee on water and land use. The joint committee shall follow up on the recommendations of the state auditor and the community based management evaluation task force in the following reports:
(1) "Study of the Financing of the Small Boat Harbors and Boat Ramps Program of the Department of Land and Natural Resources," report no. 93-24;
(2) "Follow Up Report on a Study of the Financing of the Small Boat Harbors and Boat Ramps Program of the Department of Land and Natural Resources," report no. 95-11;
(3) "Audit of the Management of Small Boat Harbors and Boat Ramps," report no. 98-11;
(4) "Audit of the Management of State Boating Facilities by the Department of Land and Natural Resources," report no. 01-09; and
(5) "The Feasibility of Establishing a Community Based Management Pilot Program for One or More Small Boat Harbors," December 1997.
(b) The joint committee shall conduct its review based on the following goals and objectives:
(1) Establish a working relationship between the joint committee and the board of land and natural resources;
(2) Review the administrative management of the department of land and natural resources on productivity and efficiency;
(3) Hold public hearings to facilitate the review; and
(4) Review the revenue resources for small boat harbors.
SECTION 4. The joint committee shall submit its findings and recommendations to the legislature no later than twenty days prior to the convening of the 2003 regular session.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.