THE SENATE	S.B. NO.	3130
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
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] that is moored or [which] that 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 may transfer the mooring permit to a new vessel owner upon the sale of the mooring permittee's vessel to which the mooring permit applies, and the transferee may retain the mooring permit; provided that all of the following conditions are met:

(1) The sale price of the vessel shall not take into account the value of the attendant mooring permit or any fees required by this subsection; provided further that if the department has reason to believe that the vessel is being sold for a price substantially greater or less than fair market value, the department may require an appraisal of the vessel by a state-licensed appraiser at the expense of the vessel owner;

(2) The seller shall pay to the department a mooring permit transfer fee of $150; and

(3) The seller shall comply with this chapter and chapter 200A, and any administrative rules adopted thereunder.

Nothing in this subsection shall be construed as allowing a person possessing a mooring permit to transfer the mooring permit without a corresponding sale of the vessel to which the mooring permit applies. Failure of any person to comply with this subsection when selling the person's vessel or transferring a mooring permit shall result in the automatic termination of the applicable mooring permit.

Unless otherwise required by law or a court of competent jurisdiction, if a vessel is sold in accordance with this subsection, the principal habitation permit applied to the vessel, if any, shall not transfer to the new vessel owner and shall automatically terminate.

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

Report Title:

Mooring Permits; Transfer; Department of Land and Natural Resources

Description:

Allows a holder of a mooring permit within a state small boat harbor to transfer the mooring permit under certain conditions. (SD2)

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