CONFERENCE COMMITTEE REP. NO. 41

Honolulu, Hawaii

                 , 2013

RE:    S.B. No. 1161

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1161, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO VESSELS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

     (1)  Allow a court to issue an income withholding order for payment of fines imposed on a vessel owner for violations of laws regarding abandoned vessels and establish procedures for the execution of the order; and

     (2)  Clarify that all costs and expenses associated with the impoundment of an unauthorized vessel by the Department of Land and Natural Resources shall be borne by the vessel owner and specify circumstances under which no vessel registration shall be renewed or transferred.

Your Committee on Conference finds that in the case of a vessel owner who is in violation of mooring within a state small boat harbor or offshore mooring area, the vessel owner should have a continuing obligation to pay for the consequences.

Under existing law, the burden, along with the costs and expenses of impoundment and disposal of all unauthorized vessels, is on the Department of Land and Natural Resources when a vessel owner does not repossess an impounded vessel prior to disposition.  The process is costly and time-consuming for the Department.  The State is also not entitled to recover mooring fees incurred by the vessel owner prior to impoundment.

     Your Committee on Conference has amended this measure by:

     (1)  Deleting all references to the income withholding order by the court;

     (2)  Changing the effective date to upon approval; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1161, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1161, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ RYAN I. YAMANE, Co-Chair	____________________________ MALAMA SOLOMON, Chair
____________________________ FAYE P. HANOHANO, Co-Chair	____________________________ J. KALANI ENGLISH, Co-Chair
____________________________ KYLE T. YAMASHITA, Co-Chair	____________________________ RONALD D. KOUCHI, Co-Chair