HOUSE OF REPRESENTATIVES

H.B. NO.

1304

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to marine events.

 

 

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

 


SECTION 1. The legislature finds that regattas and marine parades are events that promote the State's natural beauty and ocean resources and that serve to generate community and international goodwill. However, these events require more than one year of advance planning, because event organizers must typically address issues such as funding, marketing and promotion, community outreach, rules, logistics, safety procedures, and insurance requirements. The legislature recognizes that event organizers experience hardships when the department of land and natural resources is unable to approve or deny permit applications well in advance of proposed events.

The purpose of this Act is to encourage responsible planning of and preparation for regattas and marine parades by requiring:

(1) Event organizers to submit permit applications at least one year and thirty days before a proposed event; and

(2) The department of land and natural resources to grant or deny permits no less than one year before a proposed event.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"200- Regattas and marine parades; permits; cancellation fee. (a) No person shall hold a regatta or marine parade without the department's authorization, except that the department's authorization is not required if prior authorization has been secured from the Coast Guard.

(b) Authorization shall be in the form of a permit. All permit applications shall be on a form prescribed by the department.

(c) Permit applications shall be submitted to the department no less than one year and thirty days before the start of a proposed event. The department shall have at least thirty days to process and review a permit application upon its receipt. The department shall grant or deny a permit no less than one year before the start of a proposed event.

(d) If an applicant who has been granted a permit under this section cancels the event with ninety or fewer days' notice to the department before the starting date of the proposed event, the department may assess a cancellation fee. The amount of the fee shall be determined by the department.

(e) The department shall adopt rules, pursuant to chapter 91, necessary to effectuate this section.

(f) As used in this section, "regatta" or "marine parade" means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property on the waters of the State."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Boating Law; Regattas; Marine Parades; Permits; Cancellation

 

Description:

Requires the submission of permit applications for regattas or marine parades to DLNR at least 1 year and 30 days before a proposed event. Requires DLNR to grant or deny permits no less than 1 year before a proposed event. Allows DLNR to assess cancellation fees.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.