THE SENATE |
S.B. NO. |
67 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO COMMERCIAL ACTIVITIES ON BEACHES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"ยง200- Prohibited commercial activities on
certain beaches; administrative fine. (a) No commercial vendor shall preset commercial
beach equipment on any beach under the jurisdiction of the department unless
the customer is physically present for the immediate use of the commercial
beach equipment. The commercial vendor
shall expeditiously remove the commercial beach equipment after the customer
has finished using it.
(b) The department may authorize
exemptions to subsection (a) through rules adopted pursuant to chapter 91.
(c) Any commercial vendor who
violates subsection (a) shall be subject to an administrative fine of:
(1) $5,000 for a first offense;
(2) $10,000 for a second offense; and
(3) $15,000 for a third or subsequent
offense.
(d) This section shall apply to
beaches:
(1) Under the jurisdiction of the
department, including private beaches in which the State has an easement or
other property interest; and
(2) Within a county with a population of
more than:
(A) Nine hundred thousand; or
(B) One hundred thousand but fewer than
one hundred eighty thousand.
This
section shall not apply to private beaches in which the State has no property
interest.
(e) As used in this section:
"Commercial beach equipment" means recreational equipment for
rent, including chairs, umbrellas, surfboards, paddleboards, kayaks, and other
non-motorized watercraft equipment.
"Preset" means to set up or have physically ready for use
commercial beach equipment by a commercial vendor."
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 upon its approval.
Report Title:
DLNR; Beaches; Commercial Beach Equipment; Presetting; Removal; Commercial Vendors
Description:
Prohibits commercial vendors from presetting commercial beach equipment on certain beaches under the jurisdiction of the Department of Land and Natural Resources, unless the customer is physically present. Requires commercial vendors to expeditiously remove commercial beach equipment after the customer has finished using it. Allows the Department of Land and Natural Resources to grant exemptions through rules. Establishes administrative fines for violations. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.