Provides that the automatic approval of applications for business- or development-related permits, licenses, or approvals will not occur when the board or commission making the review is delayed by a tie vote or a vote with less than a majority of the members of the commission or board present. (HB2524 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the automatic approval of a permit by a state or county board or commission may lead to unintended consequences. The county charters and section 92-15, Hawaii Revised Statutes, generally require that a majority of the full membership of a board or commission must vote in favor of an action to make it valid. Sometimes, a board or commission will take a vote that is neither an approval nor a denial because of vacancies or absences or disqualified members on the board or commission. It has been argued that this can create an automatic approval, even when a majority of the members of a board or commission present have voted against a proposal. Where a vote has occurred and less than a majority of the board or commission has approved a proposal, the matter should be continued rather than approved.

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 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 a delay in granting or denying an application [caused by the lack of quorum] at a regular meeting of the issuing agency shall not result in approval under this subsection[; provided further that any subsequent lack of quorum at a regular meeting of the issuing agency that delays the same matter shall not give cause for further extension, unless an extension is agreed to by all parties.] if the delay was caused by the lack of quorum, a tie vote, or a vote with less than a majority of the full membership of the board or commission voting to approve the application."

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 Statutory material to be repealed is bracketed and stricken.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

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