| 47 | | - | 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 be allowed to transfer the mooring permit to a new vessel owner upon the sale of the mooring permittee's vessel, and the transferee shall be allowed to retain the mooring permit; provided that all of the following requirements are met: (1) The sale price of the vessel shall not take into account the value of the attendant mooring permit, nor shall the sale price of the vessel take into account any fees required by this subsection; provided that the department shall have the discretion to require an appraisal of the vessel, by a state-licensed appraiser at the expense of the vessel owner, if the department has reason to believe that the vessel is being sold for a price substantially greater or less than fair market value; (2) The seller shall pay to the department a mooring permit transfer fee of $150; and (3) The seller is in compliance with chapters 200 and 200A and any administrative rules adopted thereunder. Unless otherwise required by law or a court of competent jurisdiction, when a vessel is sold in accordance with this subsection, a principal habitation permit, if any, shall not transfer and shall automatically terminate. Nothing in this subsection shall be construed to allow a person possessing a mooring permit to transfer the mooring permit without a corresponding sale of the vessel to which the mooring permit applies. If any person sells the person's vessel or transfers a mooring permit without complying with all of the requirements of this subsection, the mooring permit 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 on July 1, 2050. |
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| 47 | + | 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 be allowed to transfer the mooring permit to a new vessel owner upon the sale of the mooring permittee's vessel, and the transferee shall be allowed to retain the mooring permit, provided that all of the following are met: (1) The sale price of the vessel shall not take into account the value of the attendant mooring permit nor shall the sale price of the vessel take into account any fees required by this subsection; provided that the department shall have the discretion to require an appraisal of the vessel, by a state-licensed appraiser at the expense of the vessel owner, if the department has reason to believe that the vessel is being sold for a price substantially greater or less than fair market value; (2) The seller shall pay to the department a mooring permit transfer fee of $150; and (3) The seller is in compliance with chapters 200 and 200A, and any administrative rules adopted thereunder. Unless otherwise required by law or a court of competent jurisdiction, when a vessel is sold in accordance with this subsection, a principal habitation permit, if any, shall not transfer and shall automatically terminate. Nothing in this subsection shall be construed to allow a person possessing a mooring permit to transfer the mooring permit without a corresponding sale of the vessel to which the mooring permit applies. If any person sells the person's vessel or transfers a mooring permit without complying with all of the above requirements, the mooring permit 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. INTRODUCED BY: _____________________________ BY REQUEST |
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