REPORT TITLE:
Automatic Approval


DESCRIPTION:
Discontinues board or commission automatic approval if there is a
vote on a project application.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2378
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE PROCEDURE.
 

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

 1      SECTION 1.  The legislature finds that amendments to section
 
 2 91-13.5, Hawaii Revised Statutes, are needed to ensure that
 
 3 projects are not inadvertently permitted under automatic approval
 
 4 when they fail to garner enough supporting votes.
 
 5      SECTION 2.  Section 91-13.5, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]�91-13.5[]]  Maximum time period for business or
 
 8 development-related permits, licenses, or approvals; automatic
 
 9 approval; extensions.(a)  Unless otherwise provided by law, an
 
10 agency shall adopt rules that specify a maximum time period to
 
11 grant or deny a business or development-related permit, license,
 
12 or approval; provided that the application is not subject to
 
13 state administered permit programs delegated, authorized, or
 
14 approved under federal law.
 
15      (b)  All such issuing agencies shall clearly articulate
 
16 informational requirements for applications and review
 
17 applications for completeness in a timely manner.
 
18      (c)  All such issuing agencies shall take action to grant or
 
19 deny any application for a business or development-related
 

 
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                                     S.B. NO.           2378
                                                        
                                                        

 
 1 permit, license, or approval within the established maximum
 
 2 period of time, or the application shall be deemed approved.
 
 3      (d)  No such application which requires a decision by a
 
 4 board or commission shall be deemed approved by operation of law
 
 5 if the board or commission takes a vote on, and does not approve,
 
 6 the application within the specified time period.
 
 7      [(d)] (e)  The maximum period of time established pursuant
 
 8 to this section shall be extended in the event of a national
 
 9 disaster, state emergency, or union strike, which would prevent
 
10 the applicant, the agency, or the department from fulfilling
 
11 application or review requirements.
 
12      [(e)] (f)  For purposes of this section, "application for a
 
13 business or development-related permit, license, or approval"
 
14 means any state or county application, petition, permit, license,
 
15 certificate, or any other form of a request for approval required
 
16 by law to be obtained prior to the formation, operation, or
 
17 expansion of a commercial or industrial enterprise, or for any
 
18 permit, license, certificate, or any form of approval required
 
19 under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C,
 
20 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F,
 
21 342G, 342H, 342I, 342J, 342L, and 342P."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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                                     S.B. NO.           2378
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                       INTRODUCED BY:  ___________________________