SB3105

SECTION 1. The legislature finds that the acquisition of Lipoa point to protect and preserve public access, along with traditional cultural gathering rights, and staving off development was a monumental landmark achievement in land conservation. The legislature finds that in order to protect and preserve this area and ensure the public health and safety of this pristine region while community planning is ongoing requires support from both the State and local county government as well as private and nonprofit entities. In the past, while appropriations have been made to the department of land and natural resources, the funds were not specifically set aside for management activities. The community has instead relied on private groups to fund essential maintenance activities to make the area a safe place for countless visitors who travel here every year and the many local families who come for surfing, fishing, diving, and other recreational activities.

The legislature further finds that many visitors use the waters of the adjacent Honolua Bay Marine Life Conservation District(MLCD). Their support along with that of the county, State, and community and nonprofit groups can create a dedicated fund for the protection of this asset for the public. Furthermore, the legislature finds that other states have initiated contributions from visitors who frequent and use the natural resources of their natural attractions as a way to continue to beautify and preserve the area while educating visitors about the use of the contributions. Most importantly, visitor contributions for protecting the areas led to the visitor community supporting these critical activities. The fees, collected while visitors are using the natural attractions are applied only to protecting these vital natural treasures. By creating a special fund for a visitor contribution program for individuals frequenting Honolua Bay MLCD along with other private and government funding, the legislature finds that the department of land and natural resources can ensure continued access and enjoyment by all in addressing the basic health and safety issues for Lipoa point.

The purpose of this Act is to establish a visitor fee for passengers of maritime commercial vessels crossing through the ocean waters surrounding Lipoa point, to be used for the management of the Lipoa point area and educate visitors of the stewardship activities being funded by the visitor fees.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§171-A Lipoa point visitor fee. (a) The department may impose a visitor fee of $1 to each paying passenger of a maritime commercial vessel engaging in commercial activity which requires travel through the ocean waters extending three thousand feet seaward of the territorial sea baseline of the parcel of land acquired by the State at Lipoa point, identified as TMK 2-4-1-001-010-0000.

(b) Moneys collected pursuant to this section shall be deposited into the Lipoa point management special fund established by section 171-B.

(d) For the purposes of this section, "commercial activity" means any action or the attempt to engage in any action for compensation in any form. The action or actions may include providing or attempting to provide guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.

§171-B Lipoa point management special fund. (a) There is established the Lipoa point management special fund. The following moneys shall be deposited into the Lipoa point management special fund:

(1) Appropriations made by the legislature for deposit into the fund;

(2) Fees collected from the Lipoa point visitor fee established pursuant to section 171-A;

(3) Grants, donations, gifts, or other income received for the purposes of the fund; and

(4) Interest earned or accrued on moneys in the special fund.

(b) Moneys in the fund shall be used:

(1) To support the management of the Lipoa point area, including but not limited to operations and maintenance costs; and

(2) To provide educational awareness to visitors of the Lipoa point area that the stewardship activities are being funded through the Lipoa point visitor fee and that all moneys collected in the fund are being used for stewardship of the Lipoa point area.

(c) The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on the special fund balance, the expenses made from the special fund, and the purposes of each expense."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2018.

INTRODUCED BY:

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THE SENATE	S.B. NO.	3105
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII