REPORT TITLE:
State Boating Facilities


DESCRIPTION:
Clarifies that leases issued for small boat harbors and other
boating facility properties may include uses other than maritime
related activities.  Allows limited commercial vessel activities
within Ala Wai and Keehi small boat harbors.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2912
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STATE BOATING FACILITIES.



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

 1      SECTION 1.  The State's small boat harbors and other boating
 
 2 facilities are important public assets that are constructed,
 
 3 maintained, and operated for the purposes of recreational
 
 4 boating, landing of fish, and commercial vessel activities.  They
 
 5 also provide the primary means of public access to the State's
 
 6 ocean waters for fishing and ocean-based recreation by residents
 
 7 and visitors alike.
 
 8      The cost of operating, maintaining, and managing state small
 
 9 boat harbors and other boating facilities, including the
 
10 amortization (both principal and interest) of capital
 
11 improvements, is paid from the boating special fund.  The primary
 
12 sources of these special fund revenues are mooring and other
 
13 harbor use fees, and other sources such as lease rent and the
 
14 state marine fuel tax.  The state small boat harbors and other
 
15 boating facilities are centers of recreation and economic
 
16 activity, and as such, must be managed in a manner that
 
17 facilitates recreation and commercial activity, and generates
 
18 sufficient revenue for this purpose.
 
19      The legislature finds that the leasing of property within
 

 
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 1 state small boat harbors or other boating facilities may be a
 
 2 viable means to achieve streamlined services, improve facilities,
 
 3 and increase revenues, at a reasonable cost to users.  Existing
 
 4 restrictions that limit both the recreational and economic
 
 5 potential of these facilities should be examined and removed
 
 6 where appropriate.
 
 7      The purposes of this Act are to:
 
 8      (1)  Clarify that leases issued for lands within small boat
 
 9           harbors and other state boating facilities may allow
 
10           uses, other than maritime-related activities, that
 
11           complement or support the maritime uses within these
 
12           facilities, with the revenue due to the State therefrom
 
13           deposited to the boating special fund;
 
14      (2)  Allow limited commercial vessel activities within Ala
 
15           Wai and Keehi small boat harbors; and
 
16      (3)  Delete language added to section 200-9, Hawaii Revised
 
17           Statutes, by Act 266, Session Laws of Hawaii 1999,
 
18           which has served its purpose.
 
19      SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§200-    Disposition of state boating facility properties.
 
23 (a)  Notwithstanding any law to the contrary, the board may lease
 

 
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 1 fast and submerged lands within an existing state boating
 
 2 facility by public auction or by direct negotiation, for private
 
 3 development, management, and operation.  For the purpose of this
 
 4 section, the term "state boating facility" means a state small
 
 5 boat harbor, launching ramp, off-shore mooring, pier, wharf,
 
 6 landing, or any other area under the jurisdiction of the
 
 7 department pursuant to this chapter.
 
 8      (b)  The permissible uses under any lease disposed of under
 
 9 this section shall be consistent with the purpose for which the
 
10 land was set aside by the governor pursuant to section 171-11.
 
11 Permissible uses may include any use that will complement or
 
12 support the maritime activities of state boating facilities.
 
13      (c)  Disposition of public lands of state boating facilities
 
14 constructed, maintained, and operated in accordance with this
 
15 chapter shall not exceed a maximum term of fifty-five years.
 
16      (d)  All revenues due to the State derived from leases of
 
17 state boating facilities shall be deposited in the boating
 
18 special fund."
 
19      SECTION 3.  Section 200-9, Hawaii Revised Statutes, is
 
20 amended by amending subsection (b) to read as follows:
 
21      "(b)  Vessels used for purposes of recreational boating
 
22 activities which are also the principal habitation of the owners
 
23 shall occupy no more than one hundred twenty-nine berths at Ala
 

 
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 1 Wai boat harbor and thirty-five berths at Keehi boat harbor,
 
 2 which is equal to fifteen per cent of the respective total
 
 3 moorage space that was available as of July 1, 1976, at the Ala
 
 4 Wai and Keehi boat harbors.  [Notwithstanding the purposes of
 
 5 small boat harbors, moorage] Moorage for commercial vessels [and
 
 6 commercial vessel activities] is [not] permitted in the Ala Wai
 
 7 and Keehi boat harbors[; provided that commercial catamarans, for
 
 8 which valid permits or registration certificates have been issued
 
 9 by the department which allow the catamarans to operate upon
 
10 Waikiki shore waters for hire, may be permitted to moor in Ala
 
11 Wai boat harbor] only at facilities leased for commercial
 
12 purposes[.  The department shall allow a sole proprietor of a
 
13 catamaran operating with a valid commercial registration
 
14 certificate issued by the department for a commercial catamaran
 
15 to land its commercial catamaran on Waikiki beach and to operate
 
16 upon Waikiki shore waters for hire, to transfer the ownership of
 
17 the vessel from personal ownership to corporate or other business
 
18 ownership without terminating the right to operate under the
 
19 commercial registration certificate.  The existing commercial
 
20 registration certificate shall be reissued in a timely manner in
 
21 the name of the transferee corporation or other business entity.
 
22 No commercial registration issued to an owner of a commercial
 
23 catamaran operating in the Waikiki area shall be denied or
 

 
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 1 revoked without a prior hearing held in accordance with chapter
 
 2 91.], or at berths numbered seven to sixty-one at Ala Wai boat
 
 3 harbor.  Commercial vessel activities are not permitted in the
 
 4 Ala Wai boat harbor except for the activities of a vessel
 
 5 assigned a berth in berths seven to sixty-one in the harbor, or a
 
 6 vessel operating under a certificate of public convenience and
 
 7 necessity."
 
 8      SECTION 4.  Section 200-11, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§200-11[]]  Existing permits.  (a)  An owner of a vessel
 
11 used as a principal place of habitation holding a permit for that
 
12 use in a state small boat harbor on June 9, 1976, may continue to
 
13 moor the vessel in that harbor for such purpose and be permitted
 
14 to obtain a new mooring permit; provided that the owner conforms
 
15 to conditions set forth in sections 200-9 and 200-10.
 
16      (b)  No commercial permit or commercial registration issued
 
17 by the department authorizing the owner of a commercial vessel to
 
18 conduct commercial activities in a boating facility or area under
 
19 jurisdiction of the department shall be revoked without the
 
20 opportunity for a prior administrative hearing.  The hearing
 
21 shall be held for the sole purpose of allowing the owner to
 
22 contest the basis given by the department for the revocation of
 
23 the commercial permit or commercial registration.  The
 

 
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 1 administrative hearing shall be held in accordance with
 
 2 administrative rules adopted by the department implementing the
 
 3 procedures for administrative hearings required by this chapter.
 
 4 No hearing shall be granted if a commercial permit, registration,
 
 5 or license expires under its own terms."
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval;
 
 9 provided that section 200-9(b), Hawaii Revised Statutes, shall be
 
10 repealed on July 1, 2002.