THE SENATE

S.B. NO.

178

THIRTY-FIRST LEGISLATURE, 2021

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DRIVING ON BEACHES.

 

 

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

 


SECTION 1. Section 184-3.4, Hawaii Revised Statutes, is amended to read as follows:

"184-3.4 State parks special fund. (a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited:

(1) All proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs; [and]

(2) Transient accommodations tax revenues pursuant to section 237D-6.5; provided that these moneys shall be expended in response to a master plan developed in coordination with the Hawaii tourism authority[.]; and

(3) Permit fees collected pursuant to Act      , Session Laws of Hawaii 2021.

(b) The department shall expend the moneys from the state parks special fund for the following purposes:

(1) Permanent and temporary staff positions;

(2) Planning and development of state parks programs, including the aina hoomalu state parks program;

(3) Construction, repairs, replacement, additions, and extensions of state parks facilities;

(4) Operation and maintenance costs of state parks and state parks programs; and

(5) Administrative costs of the division of state parks.

(c) There is established within the state parks special fund, a Diamond Head State Monument sub-account, into which shall be deposited fifty-five per cent of all proceeds collected from the admission fees charged at the Diamond Head State Monument. The department shall expend the moneys from the Diamond Head State Monument sub-account for repair, maintenance, and operating costs incurred by the State in the management of the Diamond Head State Monument.

(d) There is established within the state parks special fund, a Polihale state park sub-account, into which shall be deposited all proceeds collected from the permit fees charged to drive on the beach in Polihale state park. The department shall expend the moneys from the Polihale state park sub-account for maintenance and improvements to Polihale state park."

SECTION 2. (a) There is established within the department of land and natural resources a two-year beach protection pilot program to protect the beaches in Polihale state park.

(b) Pursuant to the pilot program and notwithstanding any law to the contrary, no one shall drive a vehicle on the beach in Polihale state park without a permit issued by the department of land and natural resources pursuant to this Act.

(c) Upon the payment of a fee of $           , the department of land and natural resources shall issue a permit to drive a vehicle on the beach in Polihale state park. The fees paid to the department for permits to drive a vehicle on the beach in Polihale state park shall be deposited into the state parks special fund established under section 184-3.4, Hawaii Revised Statutes.

(d) The department of land and natural resources shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act.

(e) As used in this Act, "vehicle" includes automobiles, trucks, vans, motorcycles, motor bikes, all-terrain vehicles, motorized bikes, mopeds, scooters, and trailbikes.

SECTION 3. No later than twenty days prior to the convening of the regular session of 2023, the department of land and natural resources shall submit to the legislature a report of its findings and recommendations, including any proposed legislation, regarding the pilot program established pursuant to section 1 of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on May 6, 2137; provided that on June 30, 2023, this Act shall be repealed and section 184-3.4, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.


 


 

Report Title:

Driving on Beaches; Polihale State Park; Department Of Land And Natural Resources; Beach Protection Pilot Program

 

Description:

Establishes a two-year beach protection pilot program under which no vehicles are authorized to drive on the beach in Polihale state park without a permit. Requires a report to the legislature. Effective 5/6/2137. Repeals on 6/30/2023. (SD2)

 

 

 

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