SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 19                   DATE: March 19, 1999    

TO:  Senate Bill No. 792, S.D. 2



     SECTION 1.  Senate Bill No. 792, S.D. 2, is amended by
deleting its contents in their entirety and replacing them with
the following language:

     "SECTION 1.  Section 91-13.5, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

     "(a)  Unless otherwise provided by law, an agency shall
adopt rules that specify a maximum time period to grant or deny a
business or development-related permit, license, or approval;
provided that the application is not subject to state
administered permit programs delegated, authorized, or approved
under federal law.  In adopting rules under this subsection, the
agency shall consider health and safety as factors."


     SECTION 2.  Section 91-13.5, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

     "(c)  All [such] issuing agencies shall take action to grant
or deny [any] an application for a business or development-
related permit, license, or approval within the established
maximum period of time, or the application shall be deemed
approved[.]; provided that:
     (1)  If a timely vote is conducted by a state or county
          board or commission on an application that would
          otherwise be approved by operation of law if the board
          or commission failed to act within the established
          maximum period of time, the application shall be deemed
          to be approved only if a simple majority of all board
          or commission members to which the board or commission
          is entitled so approve the application, unless a
          greater majority is otherwise specifically required by
          law for approval; and


 
 
 
 
 
 
 
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     (2)  In the event of a conflict between paragraph (1) and
          section 183C-6(b) or 201G-118(a)(4), paragraph (1)
          shall control."

     SECTION 3.  Statutory material to be repealed is bracketed.
New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval."




Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn