SB2358

THE SENATE	S.B. NO.	2358
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

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

"§171‑ Transiting public lands; commercial activity. (a) No person shall transit unencumbered public lands for the purpose of any commercial activity without first obtaining a conservation district use permit, unless the unencumbered land is within an area that is regulated through a management plan that permits the commercial activity.

(b) When determining whether to grant a conservation district use permit for a person to transit unencumbered public lands for the purpose of a commercial activity, the board shall consider whether:

(1) The commercial activity will have unreasonable adverse health, environmental, or socio‑economic effects;

(2) The commercial activity will unreasonably burden public agencies to provide streets or roads, sewers, water, drainage, and police; or

(3) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to in paragraphs (1) and (2).

(1) Personnel or agents of the department of land and natural resources; or

(2) Emergency personnel, including medical, fire, and police personnel, in their official capacity.

(d) Any person who violates this section shall be fined not less than $100 or more than $500.

(e) As used in this section:

"Commercial activity" means to engage in any action or to attempt to engage in any action for compensation in any form, including but not limited to providing, or attempting to provide, guide services, charters, tours, and transportation to and from the location for which services are provided.

"Transit" means to pass over or through.

(f) The department shall adopt rules pursuant to chapter 91 to implement and enforce this section."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2009.

INTRODUCED BY:	_____________________________