Bill Text: HI SB1165 | 2021 | Regular Session | Amended
Bill Title: Relating To Ocean Recreation Commercial Permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-11 - Referred to WAL, FIN, referral sheet 22 [SB1165 Detail]
Download: Hawaii-2021-SB1165-Amended.html
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THE SENATE |
S.B. NO. |
1165 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCEAN RECREATION COMMERCIAL PERMITS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-10, Hawaii Revised Statutes, is
amended by amending subsection (f) to read as follows:
"(f) Any
person who owns an interest in a corporation or other business entity or is
part of a controlled group possessing a valid commercial permit issued by the
department, in accordance with rules adopted by the chairperson pursuant to
chapter 91, may transfer any or all stock or other interest to another person
without terminating the right of the corporation or business entity to retain
or renew [its] the corporation or commercial entity's commercial
permit or any other permit issued to [it] the corporation or commercial
entity by the department; provided that:
(1) The
corporation or business entity has been engaged in the same commercial vessel
activity, as defined in section 200-9, for a minimum of one year;
(2) The
seller shall pay the department a business transfer fee based on the passenger-carrying
capacity of the vessels owned or operated by the corporation or business entity
as provided by rules adopted by the chairperson pursuant to chapter 91, except
for transfers of stock or interest in a corporation or other business entity between
spouses or first-generation lineal descendants; and
(3) In
the case of a controlled group, the transferee shall retain eighty per cent
control of the transferor.
Any
person possessing a commercial permit shall be required to meet minimum revenue
standards, as a condition of retaining or renewing the commercial permit.
When an application for renewal of a
commercial permit is made at least sixty days prior to expiration of the
commercial permit, the department shall review the application and, within thirty
days of receipt of the application, [shall] renew the permit or notify
the applicant that the application is incomplete or cannot be renewed and
explain any reasons for nonrenewal. Within
thirty days of receipt of the applicant's amended application, the department
shall either renew the permit or notify the applicant that the permit will not
be renewed.
If the holder of a commercial permit fails
to timely obtain renewal of a commercial permit, the holder of the permit shall
automatically be granted a thirty-day extension from the date of the existing
permit's expiration to obtain a permit renewal.
Except as
provided in section 200-37(l), beginning on July 1, 2021, all new commercial
permits issued for any type of commercial ocean recreation activity that are
not renewals of permits initially issued before July 1, 2021, may be issued by
the department at public auction."
SECTION 2. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun before
its effective date.
SECTION 3.
Statutory material to be repealed is bracketed and stricken. New statutory material is
underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
Report Title:
DLNR; Ocean Recreation Commercial Permits; Public Auction
Description:
Authorizes the department of land and natural resources to issue new ocean recreation commercial permits at public auction. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
