THE SENATE	S.B. NO.	267
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to commercial activity on public lands.

 

 

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‑    Commercial weddings; commercial photography; permits required.  (a)  Before any commercial wedding activity or commercial photography activity may be conducted by any person on any unencumbered public lands, the person shall obtain a written permit from the board of land and natural resources or its authorized representative by proper delegation.

     (b)  The board shall not issue a permit or authorize the issuance of a permit under section 201-14 in areas that are not equipped with adequate facilities to accommodate the activity, including bathroom and parking facilities.  When issuing a permit, the board shall pay particular attention to ensuring the permitted activity does not affect the public health and safety of the neighboring residents and community.

     (c)  The department of land and natural resources shall revoke a permit for any infraction of the terms and conditions of the permit.  Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of six months from the date of revocation.

     (d)  The department of land and natural resources shall adopt rules in accordance with chapter 91 for the purposes of this section.

     (e)  As used in this section:

     "Commercial photography activity" means photography and videography services for which compensation is received by any person for goods or services, or both, rendered to customers or participants in that activity, other than bonafide newsreel or television news personnel.

     "Commercial wedding activity" means services relating to wedding or marriage ceremonies for which compensation is received by any person for goods or services, or both, rendered to customers or participants in that activity, and includes activities whose base of operations is outside the boundaries of the unencumbered public lands, and transportation to or from the unencumbered public lands where the services are provided.

     "Compensation" means money, barter, trade, credit, services-in-kind, other instruments of value, goods, and other forms of payment."

     SECTION 2.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Commercial Activity on Public Lands

 

Description:

Prohibits the board of land and natural resources from issuing or authorizing the issuance of permits to engage in commercial wedding or photography activity on unencumbered public lands that are not equipped with adequate facilities to accommodate the permitted activity.

 

 

 

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