REPORT TITLE:
Business Permits and Licenses


DESCRIPTION:
Repeals existing law requiring agencies to take action to grant
or deny any application for a business or development-related
permit, license, or approval within an established maximum period
of time, or the application is deemed approved.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2718
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BUSINESS OR DEVELOPMENT-RELATED PERMITS, LICENSES, OR
   APPROVALS.



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

 1      SECTION 1.  The legislature finds that amendments to section
 
 2 91-13.5, Hawaii Revised Statutes, relating to maximum time
 
 3 periods for business or development-related permits, licenses, or
 
 4 approvals, are needed to ensure the appropriate permitting of
 
 5 projects.
 
 6      SECTION 2.  Section 91-13.5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§91-13.5[]]  Maximum time period for business or
 
 9 development-related permits, licenses, or approvals; [automatic
 
10 approval;] extensions.(a)  Unless otherwise provided by law, an
 
11 agency shall adopt rules that specify a maximum time period to
 
12 grant or deny a business or development-related permit, license,
 
13 or approval; provided that the application is not subject to
 
14 state administered permit programs delegated, authorized, or
 
15 approved under federal law.
 
16      (b)  All such issuing agencies shall clearly articulate
 
17 informational requirements for applications and review
 
18 applications for completeness in a timely manner.
 
19      [(c)  All such issuing agencies shall take action to grant
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 or deny any application for a business or development-related
 
 2 permit, license or approval within the established maximum period
 
 3 of time, or the application shall be deemed approved.
 
 4      (d)] (c)  The maximum period of time established pursuant to
 
 5 this section shall be extended in the event of a national
 
 6 disaster, state emergency, or union strike, which would prevent
 
 7 the applicant, the agency, or the department from fulfilling
 
 8 application or review requirements.
 
 9      [(e)] (d)  For purposes of this section, "application for a
 
10 business or development-related permit, license, or approval"
 
11 means any state or county application, petition, permit, license,
 
12 certificate, or any other form of a request for approval required
 
13 by law to be obtained prior to the formation, operation, or
 
14 expansion of a commercial or industrial enterprise, or for any
 
15 permit, license, certificate, or any form of approval required
 
16 under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C,
 
17 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F,
 
18 342G, 342H, 342I, 342J, 342L, and 342P."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                              INTRODUCED BY:______________________