2014 Hawaii Revised Statutes
TITLE 12. CONSERVATION AND RESOURCES
200. Ocean Recreation and Coastal Areas Programs
200-47 Disposition of proceeds.

Note

L 2012, c 146, §12, with respect to amendments to this part, provides:

"SECTION 12. This Act shall take effect on July 1, 2012; provided that county responsibility under this Act for each county shall commence:

(1) Upon a county's access to vessel registration and marine document records of the department of land and natural resources or the United States Coast Guard as required in section 200-41, Hawaii Revised Statutes, in section 1 of this Act; or

(2) On January 1, 2013;

whichever is earlier."

§200-47 Disposition of proceeds. [Section effective until June 30, 2015. For section effective July 1, 2015, see below.] A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in a court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency. [L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6]

§200-47 Disposition of proceeds. [Section effective July 1, 2015. For section effective until June 30, 2015, see above.] A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in [an] environmental court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency. [L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6; am L 2014, c 218, §8]