HOUSE OF REPRESENTATIVES	H.B. NO.	447
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to aquatic resources.

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

SECTION 1. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§187A- Molokini user fees; special fund. (a) There is established within the state treasury the Molokini special fund, into which shall be deposited:

(1) Appropriations by the legislature to the special fund;

(2) All proceeds remitted to or collected by the department derived from Molokini user fees; and

(3) Civil, criminal, and administrative penalties, fines, and other charges collected under this section or any rule adopted pursuant to this section.

(b) The department may require any commercial operator who conducts dive tours, charters, or other activities within the Molokini shoal to charge each customer of the commercial operator a user fee. The commercial operator shall remit the revenues derived from the collected user fees to the department; provided that the commercial operator may retain $1 of the fee as an administrative cost of collecting the fee. The department shall deposit the moneys from the fees collected into the Molokini special fund.

(c) Moneys in the Molokini special fund may be expended:

(1) For marine enforcement and monitoring, including positions for monitoring the Molokini shoal and related equipment and expenses;

(2) Inspection, maintenance, and construction of moorings and other improvements within the Molokini shoal; and

(3) Inspection, maintenance, and construction of moorings and other improvements along leeward Maui directly related to the support of commercial operators conducting activities within the Molokini shoal.

(d) The department shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,360,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for deposit into the Molokini special fund.

SECTION 3. There is appropriated out of the Molokini special fund the sum of $1,360,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 as follows:

(1) The sum of $350,000 for three full-time equivalent (3.0 FTE) conservation and resources enforcement officers, a vessel, and related equipment;

(2) The sum of $310,000 for five full-time equivalent (5.0 FTE) positions to monitor commercial activities within the Molokini shoal;

(3) The sum of $300,000 for inspection and maintenance of existing moorings within the Molokini shoal and along leeward Maui; and

(4) The sum of $400,000 for new moorings along leeward Maui.

The sums appropriated shall be expended by the department of land and natural for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2019.

INTRODUCED BY:

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Report Title:

DLNR; Molokini; Commercial Activities; User Fee; Special Fund; Appropriation

Description:

Establishes the Molokini special fund. Authorizes the Department of Land and Natural Resources to require commercial operators who conduct activities within the Molokini shoal to charge a user fee for each customer. Appropriates funds.

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