Report Title:

Public Land; Use

Description:

Makes it illegal for hotels and resorts to use public land, and particularly beaches, when the public is excluded.  Permits the use of public lands and beaches if use of provided equipment is open to the public.

HOUSE OF REPRESENTATIVES	H.B. NO.	1538
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to public land.

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

     SECTION 1.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-   Public land; illegal use. (a)  It shall be illegal for a hotel or a resort to limit the use of public land, including a beach, to its guests.

(b)  For purposes of this section, "use of public land" means putting equipment of the hotel or resort, including chairs, tables, umbrellas, and other items typically used at a beach and provided by a hotel or resort, onto public land, including a beach.

(c)  It shall be permissible for a hotel or resort to use public land if:

(1) The public is permitted on the public land used by the hotel or resort and their guests; and

(2) Any hotel or resort equipment is removed from the public land by the hotel or resort not later than thirty minutes after a guest has vacated or relinquished use of the equipment.

(d)  Any hotel or resort that violates this section shall be fined:

(1) $250 for the first violation; and

(2) $500 for each following violation;

provided that each violation of this section shall constitute a separate offense and any action taken to impose or collect the penalty provided for in this section shall be considered a civil action."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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