HOUSE OF REPRESENTATIVES	H.B. NO.	881
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL ACTIVITIES ON BEACHES.

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

SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§200-    Prohibited commercial activities on beaches; administrative fine. (a) No person shall preset commercial beach equipment on any public beach under the jurisdiction of the department unless the customer is physically present for the immediate use of the commercial beach equipment. The commercial vendor shall expeditiously remove the commercial beach equipment after the customer has finished using it.

(b) The department may authorize exemptions to subsection (a) through rules adopted pursuant to chapter 91.

(c) This section shall apply only to public beaches and not beaches located on private land, including accreted lands.

(d) Any person who violates subsection (a) shall be subject to an administrative fine of no less than $50 and no more than $1,000 for each occurrence of a violation.

(e) As used in this section:

"Commercial beach equipment" means recreational equipment for rent, including chairs, umbrellas, surfboards, paddleboards, kayaks, and other non-motorized watercraft equipment.

"Preset" means to set up or physically ready for use commercial beach equipment by a commercial vendor."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Department of Land and Natural Resources; Beaches; Commercial Beach Equipment; Presetting; Removal

Description:

Prohibits any person from presetting commercial beach equipment on any public beach under the jurisdiction of the department of land and natural resources, unless the customer is physically present. Requires commercial vendors to expeditiously remove commercial beach equipment after the customer has finished using it. Allows the department of land and natural resources to grant exemptions through rules adopted pursuant to chapter 91, Hawaii Revised Statutes. Establishes administrative fines for violations. Pertains only to public beaches and does not include private lands, including accreted lands.

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