HOUSE OF REPRESENTATIVES	H.B. NO.	2374
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRANSFERABILITY OF MOORING PERMITS.

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

     SECTION 1.  Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department shall not renew or issue a permit to a  person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor. No use permit may be transferred unless specifically provided by law.

Any person possessing a mooring permit shall be allowed to transfer the mooring permit to the new vessel owner upon sale of the vessel by satisfaction of the following conditions:

(1) The sale price of the vessel shall be established by appraisal from a state licensed surveyor, provided that the vessel shall not be sold for more than the appraised value and the terms of the sale shall be set at fair market value; and

(2) The seller shall pay to the department a transfer fee of $         per foot of vessel length overall upon approval of the mooring permit transfer to the new vessel owner.

     Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits.  The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity."

     SECTION 2.  (a)  The department of land and natural resources shall create a mooring permit task force to examine  existing laws and rules governing the transfer of state small boat harbor permits, including issues affecting enforcement, crowded conditions at small boat harbors, and what can be done to reduce waitlists at the State's small boat harbors.

     (b)  The chairperson of the board of land and natural resources shall appoint the members of the task force to be composed of small boat owners and other relevant stakeholders.

     (c)  The task force shall submit a report to the legislature of its findings and recommendations, including proposed legislation if necessary, no later than twenty days prior to the convening of the regular session of 2017.

     (d)  The task force shall terminate on July 1, 2017.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Mooring Permits; Transfer

Description:

Allows a holder of a mooring permit within state small boat harbors to transfer the mooring permit to a new vessel owner under certain terms and conditions.  Establishes a Mooring Permit Task Force to examine issues regarding the transfer of state small boat harbor permits.  (HD2374 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.