Bill Text: HI HB2403 | 2012 | Regular Session | Introduced
Bill Title: DLNR; Use Permits; Commercial Watersports Equipment
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-25 - (H) Referred to WLO, FIN, referral sheet 7 [HB2403 Detail]
Download: Hawaii-2012-HB2403-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2403 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Commercial Watersports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-23, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Commercial watersports equipment" means any equipment that is designed to be used on or in the water, including kayaks, surfboards, stand-up paddleboards, and kite-boards, for any trade or business. "Commercial watersports equipment" does not include any equipment that is used as part of an organized, permitted event, such as a canoe regatta or marine regatta. The department may adopt rules pursuant to chapter 91 to specify the types of equipment that shall be deemed "commercial watersports equipment" pursuant to this section."
SECTION 2. Section 200-37, Hawaii Revised Statutes, is amended to read as follows:
"§200-37 Operation of thrill craft; parasailing;
water sledding; commercial high speed boating[.]; commercial
watersports equipment. (a) No person shall operate a thrill craft
unless the person is fifteen years of age or older.
(b) The department shall adopt rules to
designate areas where, and time periods during which, thrill craft may be
operated [and]; parasailing, water sledding, and commercial high
speed boating may be engaged in[.]; and commercial watersports
equipment may be operated.
(c) No person shall operate a thrill craft in the waters of the State, except:
(1) In areas and during time periods designated by the department;
(2) Through areas designated by the department to serve as avenues for the ingress and egress of thrill craft between the areas designated under paragraph (1) and the shore;
(3) Authorized government personnel conducting operations approved by the department; or
(4) Authorized film production permit holders conducting operations approved by the department.
(d) No person shall:
(1) Engage in parasailing; or
(2) Operate a motorized vessel towing a person engaged in parasailing;
on or above the waters of the State, except on or above areas and during time periods designated by the department.
(e) No person shall:
(1) Engage in water sledding; or
(2) Operate a motorized vessel towing a person engaged in water sledding;
in the waters of the State, except in areas and during time periods designated by the department.
(f) No person shall engage in commercial high speed boating or operate an open power boat capable of exceeding forty miles per hour for commercial high speed boating purposes in the waters of the State, except:
(1) In areas, along routes, and during time periods designated by the department; and
(2) In accordance with a permit issued by the department.
(g) No person shall operate commercial watersports equipment on or in the waters of the State without a use permit issued by the department. A permittee shall pay fees to the department for the use permit that shall be equal to three per cent of the gross revenues derived from the use of the equipment or $200 per month, whichever is greater.
[(g)] (h) During all weekends
and state and federal holidays, no commercial operator shall operate a thrill
craft, or engage in parasailing, water sledding, or commercial high speed
boating, or operate a motor vessel towing a person engaged in water sledding or
parasailing in Maunalua Bay on Oahu as provided for in section 200-38.
[(h)] (i) On Sundays, all
commercial ocean recreation activities, including those listed in this section,
shall be prohibited on Oahu in Maunalua Bay as provided for in section 200-38.
[(i)] (j) Between
December 15 and May 15 of each year, no person shall operate a thrill
craft, or engage in parasailing, water sledding, or commercial high speed
boating, or operate a motor vessel towing a person engaged in water sledding or
parasailing on the west and south shore of Maui as provided in section 200-38.
[(j)] (k) All commercial use and
operator permits issued by the department for commercial thrill craft, [and]
parasailing activities, and commercial watersports equipment shall be
fully transferable upon the payment of a business transfer fee in an amount
determined by the department, which shall be no greater than six per cent of
the transfer price; provided that no more than one transfer every two years
shall be authorized with respect to any given permit, except transfers between
family members for the purpose of business reorganization.
[(k)] (l) The department may
immediately revoke a commercial use permit without a hearing for any activity
that endangers or may endanger the health or safety of passengers or the
public, and may suspend or revoke a commercial use permit for violation of any
rules of the department if, after seventy-two hours notice by the department of
the violation, the permit holder fails to cure the violation; provided that the
permit holder shall have ten days from receipt of the notice of suspension or
revocation to request in writing an administrative hearing. The administrative
hearing is solely for the purpose of allowing the permit holder to contest the
basis for the suspension or revocation of the permit. The hearing shall be
held within five working days of the department's receipt of the written
request. The chairperson shall adopt rules pursuant to chapter 91 to implement
the procedures governing the administrative hearing process. Within ten days
after the conclusion of the hearing, the department shall either:
(1) Lift the suspension;
(2) Suspend the permit for a period of not longer than one year; or
(3) Revoke the permit.
[(l)] (m) All new commercial use
and operator permits issued by the department for commercial thrill craft and
parasailing activities after June 18, 1996, shall be issued at
public auction.
[(m)] (n) Each commercial use
and operator permit issued by the department for commercial thrill craft [and],
parasailing activities, and commercial watersports equipment shall be
valid for one year from the date of issuance and shall be renewed by the
department for additional one-year periods; provided that the permit holder
meets the following conditions:
(1) The permit holder shall be in compliance with all applicable rules of the department;
(2) The permit holder shall have timely filed and paid all applicable state taxes during the year; and
(3) The permit holder shall have a good safety record
regarding the operation of a commercial thrill craft, [or] parasailing
activity[.], or commercial watersports equipment.
[(n)] (o) All commercial use and
operator permits issued by the department for commercial thrill craft, [and]
parasailing activities, and commercial watersports equipment shall be
subject to an annual review by the department which shall include but not be
limited to:
(1) The permit holder's compliance with applicable rules of the department;
(2) The permit holder's timely filing and payment of all applicable state taxes during the year; and
(3) The permit holder's safety record regarding the
operation of a commercial thrill craft, [or] parasailing activity[.],
or operation of commercial watersports equipment.
[(o)] (p) The department shall
adopt rules to encourage water safety education and programs with respect to
thrill craft, [or] parasailing activities[.], or commercial
watersports equipment."
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.
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INTRODUCED BY: |
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Report Title:
DLNR; Use Permits; Commercial Watersports Equipment
Description:
Requires DLNR to adopt rules to designate areas where, and time periods during which, commercial watersports equipment may be operated. Prohibits persons from using commercial watersports equipment without a use permit issued by DLNR. Requires a permittee to pay fees to DLNR for a use permit for commercial watersports equipment. Requires DLNR to conduct an annual review of the use permits issued for commercial watersports equipment. Defines "commercial watersports equipment."
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
