REPORT TITLE:
Regulatory Process; Approval


DESCRIPTION:
Requires agency to consider health and safety as factors when
adopting rules specifying maximum time periods to grant or deny
permits.  Requires a simple majority vote of a board or
commission to approve a permit application that would otherwise
be approved by operation of law. (SD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        792
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REGULATORY PROCESSES.



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

 1      SECTION 1.  Section 91-13.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Unless otherwise provided by law, an agency shall
 
 4 adopt rules that specify a maximum time period to grant or deny a
 
 5 business or development-related permit, license, or approval;
 
 6 provided that the application is not subject to state
 
 7 administered permit programs delegated, authorized, or approved
 
 8 under federal law.  In adopting rules under this subsection, the
 
 9 agency shall consider health and safety as factors."
 
10      SECTION 2.  Section 91-13.5, Hawaii Revised Statutes, is
 
11 amended by amending subsection (c) to read as follows:
 
12      "(c)  All [such] issuing agencies shall take action to grant
 
13 or deny [any] an application for a business or development-
 
14 related permit, license, or approval within the established
 
15 maximum period of time, or the application shall be deemed
 
16 approved[.]; provided that:
 
17      (1)  If a timely vote is conducted by a state or county
 
18           board or commission on an application that would
 
19           otherwise be approved by operation of law if the board
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1           or commission failed to act within the established
 
 2           maximum period of time, the application shall be deemed
 
 3           to be approved only if a simple majority of all board
 
 4           or commission members to which the board or commission
 
 5           is entitled so approve the application, unless a
 
 6           greater majority is otherwise specifically required by
 
 7           law for approval; and
 
 8      (2)  In the event of a conflict between paragraph (1) and
 
 9           section 183C-6(b) or 201G-118(a)(4), paragraph (1)
 
10           shall control."
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14