Bill Text: HI HB1276 | 2021 | Regular Session | Amended
Bill Title: Relating To State Parks.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2021-07-07 - Act 194, on 07/06/2021 (Gov. Msg. No. 1322). [HB1276 Detail]
Download: Hawaii-2021-HB1276-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1276 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO STATE PARKS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the division of state parks of the department of land and natural resources needs new tools to effectively manage the State as a visitor destination. In 2018, 11,300,000 residents and tourists visited a state park. In 2019, about sixty per cent of mainland visitors reported going to the beach and thirty-seven per cent reported visiting a park during their stay in Hawaii. Due to budget cuts and reduced funding resulting from the coronavirus disease 2019 (COVID‑19) pandemic, new self-funding tools are needed to maintain, improve, and enhance the visitor experience at state parks.
The legislature further finds that the division needs flexible methods to establish user fees to manage entrances, parking lots, camping sites, and lodging. The private sector, through industries such as hotels and airlines, utilizes dynamic pricing strategies to manage patronage during fluctuating periods of use and demand.
The legislature also finds that the administrative rulemaking process under chapter 91, Hawaii Revised Statutes, serves the important function of providing the opportunity for public review and input. However, it is not designed to quickly respond to rapidly changing resource conditions. An alternative process with fewer procedural steps would enable the board of land and natural resources to quickly update fee structures to respond to rapidly changing conditions, while also providing opportunity for public review and comment.
SECTION 2. Chapter 184, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§184-
Fee schedules. (a) Notwithstanding
any law to the contrary, the board of land and natural resources may adopt, amend,
or repeal administrative fee schedules, exempt from chapter 91, for all user fees,
including but not limited to camping, lodging, parking, group use, and special use
activities for which the department charges fees. Fee schedules may be adopted at regular or special
meetings of the board of land and natural resources pursuant to section 171-5.
(b) The division of state parks shall post notice on
the division's and department's websites of any proposed amendments to administrative
fee schedules at least forty-five days prior to the meeting of the board of land
and natural resources at which the amended fee schedule is to be considered. The notice shall include:
(1) The
full text of the proposed amended fee schedule in Ramseyer format; and
(2) The
date, time, and place where the board of land and natural resources meeting is to
be held and where interested persons may provide written testimony or be heard
on the proposed fee schedule adoption, amendment, or repeal.
(c) The board of land and natural resources shall
afford all interested persons an opportunity to submit data, views, or
arguments, orally or in writing. The board
of land and natural resources shall fully consider all written and oral
submissions respecting the proposed administrative fee schedule and shall make
its decision at the meeting pursuant to section 171‑5.
(d) Any administrative fee schedule adopted,
amended, or repealed pursuant to this section shall become effective ten days
after adoption by the board of land and natural resources, unless otherwise specified
by the board. If the board of land and
natural resources specifies a later effective date, the later date shall be the
effective date; provided that no administrative fee schedule shall have an
effective date more than thirty days after adoption of the administrative fee
schedule by the board.
(e) The division of state parks shall maintain a file
of administrative fee schedules in Ramseyer format on the division's and department's
websites.
(f) For the purposes of this section "administrative
fee schedules" includes a fee range with a minimum and maximum amount to be
charged."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Department of Land and Natural Resources; Board of Land and Natural Resources; State Parks; Fee Schedules
Description:
Allows the
board of land and natural resources to adopt, amend, or repeal administrative fee
schedules for certain activities related to state parks through regular or special
board meetings rather than through administrative rulemaking. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.