Hawaii 2022 Regular Session

Hawaii Senate Bill SB3192 Compare Versions

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1-THE SENATE S.B. NO. 3192 THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO NATURAL RESOURCE MANAGEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 3192 THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO NATURAL RESOURCE MANAGEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. The legislature finds that Hawaii's natural resources, including reefs, beaches, oceans, forests, streams, estuaries, and shorelines, provide irreplaceable and invaluable benefits to visitors and the global community at large. The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives from persons traveling from throughout the world to enjoy the State's natural beauty and resources. Continuing underinvestment in the protection and care of natural resources poses a significant liability to the visitor industry, the stability of our natural systems including our water quality, economic resilience, and health and safety of the citizens of the State. Hawaii residents already contribute significantly to the protection and management of the State's natural resources through taxes, environmental care and management, subsistence and cultural practices, and civic responsibility driven by values and practices embodied in the state constitution; however, with escalating visitor impacts, there is an immediate need for additional resources to protect, restore, and manage natural resources. It is reasonable and timely to ask visitors who enjoy Hawaii's natural resources to further contribute to its protection, restoration, and care. The legislature believes that a fee paid by visitors who enjoy Hawaii's public parks, beaches, and trails could generate necessary funding each year to enable Hawaii to offset the adverse impacts of visitors and provide additional resources to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources. The legislature also finds that visitor impact fees have been successfully implemented at other visitor destinations around the world, including the Galapagos Islands, New Zealand, and Palau. The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts and ensure that a positive environmental legacy is left for future generations. An environmental visitor fee provides a reasonable and appropriate way to generate these needed revenues. The purpose of this Act is to establish a visitor impact fee program, to be administered by the department of land and natural resources, as a license required by visitors for usage of state parks, benches, state-owned forests, hiking trails, and other state-owned natural areas on state-owned land. The purpose of the visitor impact fee program shall be to provide sustained funding for the protection, restoration, and care of Hawaii's state-owned natural and outdoor recreational resources and build the resilience of these resources to the impacts of increased visitor use. SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . VISITOR IMPACT FEE PROGRAM §171-A Definitions. For purposes of this part: "Commission" means the environmental legacy commission. "Department" means the department of land and natural resources. "Fund" means the visitor impact fee special fund established pursuant to section 171-G. "License" means a license issued pursuant to this part. "Licensee" means a person who is issued a license pursuant to this part. "Nonprofit organization" means an organization that has been granted tax exempt status as a charitable organization by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and that has among its charitable purposes the preservation, restoration, management, or interpretation of natural or cultural resources for scientific, historic, educational, recreational, scenic, wildlife, or open-space purposes; the protection of the natural environment or biological resources, or both; the preservation or enhancement of wildlife, or both; and the protection or interpretation, or both, of Native Hawaiian cultural resources. "Program" means the visitor impact fee program. "Resident of Hawaii" means an individual who has: (1) Filed or paid state income taxes for the previous tax year; or (2) Established domicile in the State, as evidenced by documentation showing the individual's address, including any of the following: (A) A valid Hawaii driver's license; (B) A valid Hawaii state identification card; (C) A valid school identification card from a school in Hawaii; or (D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State. "Visitor" means a person in Hawaii who is not a resident of Hawaii. §171-B Visitor impact fee program; license; signs. (a) There is established within the department the visitor impact fee program. The purpose of the program shall be to collect a fee from visitors and allocate that revenue to protect and manage state-owned natural resources. (b) Each visitor who is fifteen years of age or older who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land shall first pay a visitor impact fee to obtain a license pursuant to this part. (c) The department shall place signs at state parks, beaches, state-owned forests, trail heads, or other state-owned natural areas on state-owned land to inform visitors of the requirement to pay a visitor impact fee and obtain a license pursuant to this part. §171-C License; purchase. (a) The department shall establish convenient opportunities for visitors to pay a visitor impact fee and be issued a license including through the use of: (1) A mobile application; and (2) An internet website. The department may authorize retail establishments and nonprofit organizations to accept payment of a visitor impact fee and issue a license. (b) The amount of the visitor impact fee shall be $ ; provided that the chairperson of the board of land and natural resources may increase the fee by rule no more frequently than once every five years. (c) Each license shall be effective for one year, including the date of issuance. §171-D Penalties. (a) Any visitor who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land without first paying a visitor impact fee and obtaining a license in violation of section 171-B(b) shall be liable for a civil fine not to exceed $ . (b) Any civil fine authorized by this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court. §171-E Environmental legacy commission; established; members. (a) There is established within the department the environmental legacy commission. The commission shall guide the department's disbursement of revenues collected pursuant to this part. (b) The commission shall be composed of: (1) The following ex officio members: (A) The chairperson of the board of land and natural resources or the chairperson's designee, who shall serve as the chairperson of the commission; (B) The chairperson of the board of agriculture or the chairperson's designee; (C) The director of the office of planning and sustainable development or the director's designee; and (D) The chief executive officer of the Hawaii tourism authority or the chief executive officer's designee; and (2) The following members, who shall be recommended to serve by the officials provided in this paragraph and shall be appointed by the governor in the manner prescribed in section 26-34: (A) One representative of a nonprofit organization having expertise in the protection, restoration, and care of terrestrial natural resources, who shall be recommended to serve by the chairperson of the commission; (B) One representative of a nonprofit organization having expertise in the protection, restoration, and care of marine and coastal natural resources, who shall be recommended to serve by the chairperson of the commission; (C) One representative of a nonprofit organization having expertise in climate change mitigation and resiliency, who shall be recommended to serve by the chairperson of the commission; (D) Up to two representatives from the Native Hawaiian community who have expertise in the protection, restoration, care, and interpretation of Native Hawaiian cultural resources, who shall be recommended to serve by the chairperson of the commission; (E) One representative between the age of eighteen and twenty-five years, inclusive, who works or has worked in the field of environmental sustainability or restoration, or both, who shall be recommended to serve by the chairperson of the commission; and (F) One representative from the visitor sector and tourism industry, who shall be recommended to serve by the chief executive officer of the Hawaii tourism authority. (c) A simple majority of the members shall establish a quorum. (d) The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. §171-F Environmental legacy commission; powers; duties. (a) The commission shall guide and approve the department's disbursement of visitor impact fee revenues deposited into the fund: (1) For the purposes described in section 171-G; (2) With transparency and accountability; and (3) In a manner that maximizes the effectiveness of the visitor impact fee program. (b) In awarding grants pursuant to section 171-G, the commission shall prioritize projects that satisfy at least one of the following: (1) Provide significant protection, restoration, and enhancement of Hawaii's natural resources; or (2) Increase the accessibility, safety, and continued use of state-owned natural and outdoor recreational resources. §171-G Visitor impact fee special fund; established. (a) There is established within the state treasury the visitor impact fee special fund. (b) The following moneys shall be deposited into the fund: (1) All revenue from visitor impact fees, less any costs incurred in collecting those fees; (2) All fines collected pursuant to section 171-D, less any costs incurred in collecting those fines; (3) Appropriations made by the legislature; and (4) Grants and gifts made to the fund. (c) Moneys in the fund shall be used for: (1) Projects that offset adverse environmental impacts caused by licensees and ensure that the State's natural resources are maintained for continued use by licensees, or both, such as projects that directly restore, enhance, and protect in perpetuity state-owned natural resources and the State's unique and fragile ecological status, including projects that: (A) Protect, restore, or enhance terrestrial or marine natural resources; (B) Increase the resilience and adaptation of Hawaii's natural resources with environmentally beneficial strategies to reduce the adverse impacts of climate change, including coastal erosion, sea level rise, ocean acidification, coral bleaching, destruction of reefs, and other impacts; or (C) Remove and control invasive species, and propagate and plant native species; provided that the commission may allocate moneys to be expended directly by state agencies or may provide grants to nonprofit organizations pursuant to section 171-H, subject to subsection (d) and section 171-F(b), if the commission determines that no state agency has the expertise necessary to implement a project; (2) The establishment of the commission pursuant to 171-E; and (3) Creation and implementation of the visitor impact fee strategic plan. (d) In each year, no more than per cent of the allocation shall be allocated for grants to local governments and nonprofit organizations. §171-H Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to section 171-G, any organization requesting a grant shall: (1) Be licensed and accredited, as applicable, under the laws of the State; (2) Have at least one year's experience with the project or in the program area for which the request or proposal is being made; and (3) Be, employ, or have under contract persons who are qualified to engage in the program or activity to be funded by the State. (b) Recipients of grants shall be subject to the following conditions: (1) Any organization requesting a grant shall submit its request together with all the information required by the department on an application form provided by the department; (2) The recipient of a grant shall not use public funds for purposes of entertainment or perquisites; (3) The recipient of a grant shall comply with applicable federal, state, and county laws; (4) The recipient of a grant shall comply with any other requirements the department may prescribe; (5) The recipient of a grant shall allow the department, legislative bodies, and legislative auditor full access to records, reports, files, and other related documents so that the program, management, and fiscal practices of the grant recipient may be monitored and evaluated to assure the proper and effective expenditure of public funds; (6) Every grant shall be monitored pursuant to rules or policies established by the department to ensure compliance with this part; and (7) Any recipient of a grant who withholds or omits any material fact or deliberately misrepresents facts to the department or who violates the terms of the recipient's contract shall be in violation of this section and, in addition to any other penalties provided by law, shall be prohibited from applying for a grant under this part for a period of five years from the date of termination of the recipient's contract. (c) The department shall provide grant recipients with access to any state-owned lands or natural resources necessary to effectuate the project for which the grant is awarded. §171-I Report to legislature. (a) No later than twenty days prior to the convening of the regular session of 2025 and each year thereafter, the department shall submit a report to the legislature. (b) The report shall contain information on ways that the fund restored, enhanced, and protected state-owned natural resources and the State's unique and vulnerable ecosystem during the previous fiscal year, as well as the benefits that accrue or will accrue from those expenditures to the benefit of the State's natural resources. (c) The department shall also publish the reports on its website. §171-J Rules. (a) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part, including any rules necessary to ensure that persons who purchase a license pursuant to this part are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land, to which access is granted by the license." SECTION 3. (a) The department of land and natural resources shall amend its existing rules, including the fee schedule for state parks that is adopted pursuant to section 184-3.2, Hawaii Revised Statutes, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park or other state-owned natural area to which access is granted by the license. (b) 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 proposed legislation that recommends any statutory changes that are necessary, if any, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land to which access is granted by the license. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for deposit into the visitor impact fee special fund established by section 171-G, Hawaii Revised Statutes. SECTION 5. There is appropriated out of the visitor impact fee special fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment of the environmental legacy commission and a strategic plan with a timetable indicating how the established objectives and policies will be pursued and implemented pursuant to this Act. The sum appropriated shall be expended by the department of land and natural resources for the purpose of this Act. SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 8. This Act shall take effect on July 1, 2050.
47+ SECTION 1. The legislature finds that Hawaii's natural resources, including reefs, beaches, oceans, forests, streams, estuaries, and shorelines, provide irreplaceable and invaluable benefits to visitors and the global community at large. The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives from persons traveling from throughout the world to enjoy the State's natural beauty and resources. Continuing underinvestment in the protection and care of natural resources poses a significant liability to the visitor industry, the stability of our natural systems including our water quality, economic resilience, and health and safety of the citizens of the State. Hawaii residents already contribute significantly to the protection and management of our natural resources through taxes, environmental care and management, subsistence and cultural practices, and through civic responsibility driven by values and practices embodied in our state constitution; but with escalating visitor impacts, there is an immediate need for additional resources to protect, restore, and manage natural resources. It is reasonable and timely to ask visitors who enjoy Hawaii's natural resources to further contribute to their protection, restoration, and care. The legislature believes that a fee paid by visitors who enjoy Hawaii's public parks, beaches, and trails could generate necessary funding each year to enable Hawaii to offset the adverse impacts of visitors and provide additional resources to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources. The legislature further finds that visitor impact fees have been successfully implemented at other visitor destinations around the world, including the Galapagos Islands, New Zealand, and Palau. The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts, to ensure we leave a positive environmental legacy for future generations. An environmental visitor fee provides a reasonable and appropriate way to generate these needed revenues. The purpose of this Act is to establish a visitor impact fee program, to be administered by the department of land and natural resources, as a license required by visitors for usage of Hawaii's public beaches, parks, trails, coastlines, and environment. The purpose of the visitor impact fee program shall be to provide sustained funding for the protection, restoration, and care of Hawaii's state-owned natural and outdoor recreational resources and build the resilience of these resources to the impacts of increased visitor use. SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . VISITOR IMPACT FEE PROGRAM §171-A Definitions. For purposes of this part: "Commission" means the environmental legacy commission. "Department" means the department of land and natural resources. "Fund" means the visitor impact fee special fund established pursuant to section 171-G. "License" means a license issued pursuant to this part. "Licensee" means a person who is issued a license pursuant to this part. "Nonprofit organization" means a private, nonprofit organization, with nonprofit status acknowledged by the United State Internal Revenue Service, that qualifies under section 501(c)(3) of the Internal Revenue Code, as amended, and has among its charitable purposes the preservation, restoration, management, or interpretation of natural or cultural resources for scientific, historic, educational, recreational, scenic, wildlife, or open-space purposes, the protection of the natural environment or biological resources, or both, the preservation or enhancement of wildlife, or both, and the protection or interpretation, or both, of Native Hawaiian cultural resources. "Program" means the visitor impact fee program. "Resident of Hawaii" means an individual who has: (1) Filed or paid state income taxes for the previous tax year; or (2) Established domicile in the State, as evidenced by documentation showing the individual's address, including any of the following: (A) A valid Hawaii driver's license; (B) A valid Hawaii state identification card; (C) A valid school identification card; or (D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State. "Visitor" means a person in Hawaii who is not a resident of Hawaii. §171-B Visitor impact fee program; license; signs. (a) There is established within the department the visitor impact fee program. The purpose of the program shall be to collect a fee from visitors and allocate that revenue to protect and manage state-owned natural resources. (b) Each visitor who is fifteen years of age or older who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land shall first pay a visitor impact fee to obtain a license pursuant to this part. (c) The department shall place signs at state parks, beaches, state-owned forests, trail heads, other state-owned natural areas to inform visitors of the requirement to pay a visitor impact fee and obtain a license pursuant to this section. §171-C License; purchase. (a) The department shall establish convenient opportunities for visitors to pay a visitor impact fee and be issued a license including through the use of: (1) A mobile application; and (2) An internet website. The department may authorize retail establishments and nonprofit organizations to accept payment of a visitor impact fee and issue a license. (b) The amount of the visitor impact fee shall be $ ; provided that the chairperson of the board of land and natural resources may increase the fee no more frequently than once every five years. (c) Each license shall be effective for one year, including the date of issuance. §171-D Penalties. (a) Any applicable person who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land without first paying a visitor impact fee and obtaining a license in violation of section 171-B(b) shall be liable for a civil fine not to exceed $ . (b) Any civil fine provided under this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court. §171-E Environmental legacy commission; established; members. (a) There is established within the department the environmental legacy commission. The commission shall guide the department's disbursement of revenues collected pursuant to this part. (b) The commission shall comprise: (1) The following ex officio members: (A) The chairperson of the board of land and natural resources or the chairperson's designee, who shall serve as the chairperson of the commission; (B) The director of agriculture or the director's designee; (C) The director of the office of planning and sustainable development or the director's designee; and (D) The chief executive officer of the Hawaii tourism authority or the chief executive officer's designee; and (2) The following members, who shall be recommended to serve by the officials provided in this paragraph and shall be appointed by the governor in the manner prescribed in section 26-34: (A) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of terrestrial natural resources, who shall be recommended to serve by the chairperson; (B) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of marine and coastal natural resources, who shall be recommended to serve by the chairperson; (C) One representative of a nonprofit environmental organization having expertise on climate change mitigation and resiliency, who shall be recommended to serve by the chairperson; (D) Up to two representatives from the Native Hawaiian community who have expertise in the protection, restoration, care, and interpretation of Native Hawaiian cultural resources, who shall be recommended to serve by the chairperson; (E) One representative between the age of eighteen and twenty-five years of age, inclusive, who works or has worked in the field of environmental sustainability or restoration, or both, who shall be recommended to serve by the chairperson; and (F) One representative from the visitor sector and tourism industry, who shall be recommended to serve by the chief executive officer of the Hawaii tourism authority. (c) A simple majority of the members shall establish a quorum. (d) The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. §171-F Environmental legacy commission; powers; duties. (a) The commission shall guide and approve the department's disbursement of visitor impact fee revenues deposited into the fund: (1) For the purposes described in subsection (b) to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources and its unique and vulnerable ecosystem; (2) With transparency and accountability; and (3) In a manner that maximizes the effectiveness of the visitor impact fee program. (b) Subject to subsection (d), the commission shall allocate moneys deposited into the fund for projects that offset adverse environmental impacts caused by licensees, ensure that the State's natural resources are maintained for continued use by licensees, or both, such as projects that directly restore, enhance, and protect in perpetuity state-owned natural resources and the State's unique and fragile ecological status, including projects that: (1) Protect, restore, or enhance terrestrial or marine natural resources; (2) Increase the resilience and adaptation of Hawaii's natural resources with environmentally beneficial strategies to reduce the adverse impacts of climate change, including coastal erosion, sea level rise, ocean acidification, coral bleaching, destruction of reefs, and other impacts; or (3) Remove and control invasive species, and propagate and plant native species; provided that the commission may allocate moneys to be expended directly by state agencies or may provide grants to nonprofit organizations, pursuant to section 171-H and subject to subsection (c), if the commission determines that no state agency has the expertise necessary to implement a project. (c) In awarding grants, the commission shall prioritize projects that satisfy at least one of the following: (1) Provide significant protection, restoration, and enhancement of Hawaii's natural resources; or (2) Increase the accessibility, safety, and continued use of state-owned natural and outdoor recreational resources. (d) In each year, no more than per cent of the allocation shall be allocated for grants to local governments and nonprofit organizations. §171-G Visitor impact fee special fund; established. (a) There is established within the state treasury the visitor impact fee special fund. (b) The following moneys shall be deposited into the fund: (1) All revenue from visitor impact fees, less any costs incurred in collecting those fees; (2) All fines collected pursuant to section 171-D, less any costs incurred in collecting those fines; (3) Appropriations made by the legislature; and (4) Grants and gifts made to the fund. (c) Moneys in the fund shall be used for: (1) Projects that offset adverse environmental impacts caused by licensees or ensure that the State's natural resources are maintained for continued use by licensees, or both; provided that moneys may be expended directly by state agencies or through grants as provided in section 171-F; (2) The establishment of the commission pursuant to 171-E; and (3) Creation and implementation of the visitor impact fee strategic plan. §171-H Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to section 171-F, any organization requesting a grant shall: (1) Be licensed and accredited, as applicable, under the laws of the State; (2) Have at least one year's experience with the project or in the program area for which the request or proposal is being made; and (3) Be, employ, or have under contract persons who are qualified to engage in the program or activity to be funded by the State. (b) Recipients of grants shall be subject to the following conditions: (1) Any organization requesting a grant shall submit its request together with all the information required by the department on an application form provided by the department; (2) The recipient of a grant shall not use public funds for purposes of entertainment or perquisites; (3) The recipient of a grant shall comply with applicable federal, state, and county laws; (4) The recipient of a grant shall comply with any other requirements the department may prescribe; (5) The recipient of a grant shall allow the department, the legislative bodies, and the legislative auditor full access to records, reports, files, and other related documents so that the program, management, and fiscal practices of the grant recipient may be monitored and evaluated to assure the proper and effective expenditure of public funds; (6) Every grant shall be monitored pursuant to rules or policies established by the department to ensure compliance with this part; and (7) Any recipient of a grant under this section who withholds or omits any material fact or deliberately misrepresents facts to the department or who violates the terms of the recipient's contract shall be in violation of this section and, in addition to any other penalties provided by law, shall be prohibited from applying for a grant under this section for a period of five years from the date of termination. (c) The department shall provide grant recipients with access to any state-owned lands or natural resources necessary to effectuate the project for which the grant is awarded. §171-I Report to legislature. (a) No later than twenty days prior to the convening of the regular session of 2025 and each year thereafter, the department shall submit a report to the legislature. (b) The report shall contain information on ways that the fund restored, enhanced, and protected Hawaii's state-owned natural resources, and its unique and vulnerable ecosystem, during the previous fiscal year, as well as the benefits that accrue or will accrue from those expenditures to the benefit of the State's natural resources. (c) The department shall also publish the reports on its website. §171-J Rules. (a) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part, including any rules necessary to ensure that persons who purchase a license pursuant to this part are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land, to which access is granted by the license." SECTION 3. (a) The department of land and natural resources shall amend its existing rules, including the fee schedule for state parks that is adopted pursuant to section 184-3.2, Hawaii Revised Statutes, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park or other state-owned natural areas to which access is granted by the license. (b) 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 proposed legislation that recommends any statutory changes that are necessary, if any, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land to which access is granted by the license. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for deposit into the visitor impact fee special fund. SECTION 5. There is appropriated out of the visitor impact fee special fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment of the environmental legacy commission and a strategic plan with a timetable indicating how the established objectives and policies will be pursued and implemented pursuant to this Act. The sum appropriated shall be expended by the department of land and natural resources for the purpose of this Act. SECTION 6. In codifying the new sections added by section 2 and referenced in section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 8. This Act shall take effect on July 1, 2050.
4848
4949 SECTION 1. The legislature finds that Hawaii's natural resources, including reefs, beaches, oceans, forests, streams, estuaries, and shorelines, provide irreplaceable and invaluable benefits to visitors and the global community at large.
5050
5151 The legislature further finds that Hawaii's natural environment faces significant environmental pressure from the heavy use it receives from persons traveling from throughout the world to enjoy the State's natural beauty and resources. Continuing underinvestment in the protection and care of natural resources poses a significant liability to the visitor industry, the stability of our natural systems including our water quality, economic resilience, and health and safety of the citizens of the State.
5252
53- Hawaii residents already contribute significantly to the protection and management of the State's natural resources through taxes, environmental care and management, subsistence and cultural practices, and civic responsibility driven by values and practices embodied in the state constitution; however, with escalating visitor impacts, there is an immediate need for additional resources to protect, restore, and manage natural resources. It is reasonable and timely to ask visitors who enjoy Hawaii's natural resources to further contribute to its protection, restoration, and care.
53+ Hawaii residents already contribute significantly to the protection and management of our natural resources through taxes, environmental care and management, subsistence and cultural practices, and through civic responsibility driven by values and practices embodied in our state constitution; but with escalating visitor impacts, there is an immediate need for additional resources to protect, restore, and manage natural resources. It is reasonable and timely to ask visitors who enjoy Hawaii's natural resources to further contribute to their protection, restoration, and care.
5454
5555 The legislature believes that a fee paid by visitors who enjoy Hawaii's public parks, beaches, and trails could generate necessary funding each year to enable Hawaii to offset the adverse impacts of visitors and provide additional resources to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources.
5656
57- The legislature also finds that visitor impact fees have been successfully implemented at other visitor destinations around the world, including the Galapagos Islands, New Zealand, and Palau.
57+ The legislature further finds that visitor impact fees have been successfully implemented at other visitor destinations around the world, including the Galapagos Islands, New Zealand, and Palau.
5858
59- The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts and ensure that a positive environmental legacy is left for future generations. An environmental visitor fee provides a reasonable and appropriate way to generate these needed revenues.
59+ The legislature also believes that it is imperative to raise additional revenues to offset visitor impacts, to ensure we leave a positive environmental legacy for future generations. An environmental visitor fee provides a reasonable and appropriate way to generate these needed revenues.
6060
61- The purpose of this Act is to establish a visitor impact fee program, to be administered by the department of land and natural resources, as a license required by visitors for usage of state parks, benches, state-owned forests, hiking trails, and other state-owned natural areas on state-owned land. The purpose of the visitor impact fee program shall be to provide sustained funding for the protection, restoration, and care of Hawaii's state-owned natural and outdoor recreational resources and build the resilience of these resources to the impacts of increased visitor use.
61+ The purpose of this Act is to establish a visitor impact fee program, to be administered by the department of land and natural resources, as a license required by visitors for usage of Hawaii's public beaches, parks, trails, coastlines, and environment. The purpose of the visitor impact fee program shall be to provide sustained funding for the protection, restoration, and care of Hawaii's state-owned natural and outdoor recreational resources and build the resilience of these resources to the impacts of increased visitor use.
6262
6363 SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
6464
6565 "Part . VISITOR IMPACT FEE PROGRAM
6666
6767 §171-A Definitions. For purposes of this part:
6868
6969 "Commission" means the environmental legacy commission.
7070
7171 "Department" means the department of land and natural resources.
7272
7373 "Fund" means the visitor impact fee special fund established pursuant to section 171-G.
7474
7575 "License" means a license issued pursuant to this part.
7676
7777 "Licensee" means a person who is issued a license pursuant to this part.
7878
79- "Nonprofit organization" means an organization that has been granted tax exempt status as a charitable organization by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and that has among its charitable purposes the preservation, restoration, management, or interpretation of natural or cultural resources for scientific, historic, educational, recreational, scenic, wildlife, or open-space purposes; the protection of the natural environment or biological resources, or both; the preservation or enhancement of wildlife, or both; and the protection or interpretation, or both, of Native Hawaiian cultural resources.
79+ "Nonprofit organization" means a private, nonprofit organization, with nonprofit status acknowledged by the United State Internal Revenue Service, that qualifies under section 501(c)(3) of the Internal Revenue Code, as amended, and has among its charitable purposes the preservation, restoration, management, or interpretation of natural or cultural resources for scientific, historic, educational, recreational, scenic, wildlife, or open-space purposes, the protection of the natural environment or biological resources, or both, the preservation or enhancement of wildlife, or both, and the protection or interpretation, or both, of Native Hawaiian cultural resources.
8080
8181 "Program" means the visitor impact fee program.
8282
8383 "Resident of Hawaii" means an individual who has:
8484
8585 (1) Filed or paid state income taxes for the previous tax year; or
8686
8787 (2) Established domicile in the State, as evidenced by documentation showing the individual's address, including any of the following:
8888
8989 (A) A valid Hawaii driver's license;
9090
9191 (B) A valid Hawaii state identification card;
9292
93- (C) A valid school identification card from a school in Hawaii; or
93+ (C) A valid school identification card; or
9494
9595 (D) Any other official document issued to the individual within the last thirty days by a government agency, financial institution, insurance company, or utility company in the State.
9696
9797 "Visitor" means a person in Hawaii who is not a resident of Hawaii.
9898
9999 §171-B Visitor impact fee program; license; signs. (a) There is established within the department the visitor impact fee program. The purpose of the program shall be to collect a fee from visitors and allocate that revenue to protect and manage state-owned natural resources.
100100
101101 (b) Each visitor who is fifteen years of age or older who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land shall first pay a visitor impact fee to obtain a license pursuant to this part.
102102
103- (c) The department shall place signs at state parks, beaches, state-owned forests, trail heads, or other state-owned natural areas on state-owned land to inform visitors of the requirement to pay a visitor impact fee and obtain a license pursuant to this part.
103+ (c) The department shall place signs at state parks, beaches, state-owned forests, trail heads, other state-owned natural areas to inform visitors of the requirement to pay a visitor impact fee and obtain a license pursuant to this section.
104104
105105 §171-C License; purchase. (a) The department shall establish convenient opportunities for visitors to pay a visitor impact fee and be issued a license including through the use of:
106106
107107 (1) A mobile application; and
108108
109109 (2) An internet website.
110110
111111 The department may authorize retail establishments and nonprofit organizations to accept payment of a visitor impact fee and issue a license.
112112
113- (b) The amount of the visitor impact fee shall be $ ; provided that the chairperson of the board of land and natural resources may increase the fee by rule no more frequently than once every five years.
113+ (b) The amount of the visitor impact fee shall be $ ; provided that the chairperson of the board of land and natural resources may increase the fee no more frequently than once every five years.
114114
115115 (c) Each license shall be effective for one year, including the date of issuance.
116116
117- §171-D Penalties. (a) Any visitor who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land without first paying a visitor impact fee and obtaining a license in violation of section 171-B(b) shall be liable for a civil fine not to exceed $ .
117+ §171-D Penalties. (a) Any applicable person who visits a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land without first paying a visitor impact fee and obtaining a license in violation of section 171-B(b) shall be liable for a civil fine not to exceed $ .
118118
119- (b) Any civil fine authorized by this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court.
119+ (b) Any civil fine provided under this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court.
120120
121121 §171-E Environmental legacy commission; established; members. (a) There is established within the department the environmental legacy commission. The commission shall guide the department's disbursement of revenues collected pursuant to this part.
122122
123- (b) The commission shall be composed of:
123+ (b) The commission shall comprise:
124124
125125 (1) The following ex officio members:
126126
127127 (A) The chairperson of the board of land and natural resources or the chairperson's designee, who shall serve as the chairperson of the commission;
128128
129- (B) The chairperson of the board of agriculture or the chairperson's designee;
129+ (B) The director of agriculture or the director's designee;
130130
131131 (C) The director of the office of planning and sustainable development or the director's designee; and
132132
133133 (D) The chief executive officer of the Hawaii tourism authority or the chief executive officer's designee; and
134134
135135 (2) The following members, who shall be recommended to serve by the officials provided in this paragraph and shall be appointed by the governor in the manner prescribed in section 26-34:
136136
137- (A) One representative of a nonprofit organization having expertise in the protection, restoration, and care of terrestrial natural resources, who shall be recommended to serve by the chairperson of the commission;
137+ (A) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of terrestrial natural resources, who shall be recommended to serve by the chairperson;
138138
139- (B) One representative of a nonprofit organization having expertise in the protection, restoration, and care of marine and coastal natural resources, who shall be recommended to serve by the chairperson of the commission;
139+ (B) One representative of a nonprofit environmental organization having expertise on the protection, restoration, and care of marine and coastal natural resources, who shall be recommended to serve by the chairperson;
140140
141- (C) One representative of a nonprofit organization having expertise in climate change mitigation and resiliency, who shall be recommended to serve by the chairperson of the commission;
141+ (C) One representative of a nonprofit environmental organization having expertise on climate change mitigation and resiliency, who shall be recommended to serve by the chairperson;
142142
143- (D) Up to two representatives from the Native Hawaiian community who have expertise in the protection, restoration, care, and interpretation of Native Hawaiian cultural resources, who shall be recommended to serve by the chairperson of the commission;
143+ (D) Up to two representatives from the Native Hawaiian community who have expertise in the protection, restoration, care, and interpretation of Native Hawaiian cultural resources, who shall be recommended to serve by the chairperson;
144144
145- (E) One representative between the age of eighteen and twenty-five years, inclusive, who works or has worked in the field of environmental sustainability or restoration, or both, who shall be recommended to serve by the chairperson of the commission; and
145+ (E) One representative between the age of eighteen and twenty-five years of age, inclusive, who works or has worked in the field of environmental sustainability or restoration, or both, who shall be recommended to serve by the chairperson; and
146146
147147 (F) One representative from the visitor sector and tourism industry, who shall be recommended to serve by the chief executive officer of the Hawaii tourism authority.
148148
149149 (c) A simple majority of the members shall establish a quorum.
150150
151151 (d) The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
152152
153153 §171-F Environmental legacy commission; powers; duties. (a) The commission shall guide and approve the department's disbursement of visitor impact fee revenues deposited into the fund:
154154
155- (1) For the purposes described in section 171-G;
155+ (1) For the purposes described in subsection (b) to restore, enhance, and protect, in perpetuity, Hawaii's state-owned natural resources and its unique and vulnerable ecosystem;
156156
157157 (2) With transparency and accountability; and
158158
159159 (3) In a manner that maximizes the effectiveness of the visitor impact fee program.
160160
161- (b) In awarding grants pursuant to section 171-G, the commission shall prioritize projects that satisfy at least one of the following:
161+ (b) Subject to subsection (d), the commission shall allocate moneys deposited into the fund for projects that offset adverse environmental impacts caused by licensees, ensure that the State's natural resources are maintained for continued use by licensees, or both, such as projects that directly restore, enhance, and protect in perpetuity state-owned natural resources and the State's unique and fragile ecological status, including projects that:
162+
163+ (1) Protect, restore, or enhance terrestrial or marine natural resources;
164+
165+ (2) Increase the resilience and adaptation of Hawaii's natural resources with environmentally beneficial strategies to reduce the adverse impacts of climate change, including coastal erosion, sea level rise, ocean acidification, coral bleaching, destruction of reefs, and other impacts; or
166+
167+ (3) Remove and control invasive species, and propagate and plant native species;
168+
169+provided that the commission may allocate moneys to be expended directly by state agencies or may provide grants to nonprofit organizations, pursuant to section 171-H and subject to subsection (c), if the commission determines that no state agency has the expertise necessary to implement a project.
170+
171+ (c) In awarding grants, the commission shall prioritize projects that satisfy at least one of the following:
162172
163173 (1) Provide significant protection, restoration, and enhancement of Hawaii's natural resources; or
164174
165175 (2) Increase the accessibility, safety, and continued use of state-owned natural and outdoor recreational resources.
176+
177+ (d) In each year, no more than per cent of the allocation shall be allocated for grants to local governments and nonprofit organizations.
166178
167179 §171-G Visitor impact fee special fund; established. (a) There is established within the state treasury the visitor impact fee special fund.
168180
169181 (b) The following moneys shall be deposited into the fund:
170182
171183 (1) All revenue from visitor impact fees, less any costs incurred in collecting those fees;
172184
173185 (2) All fines collected pursuant to section 171-D, less any costs incurred in collecting those fines;
174186
175187 (3) Appropriations made by the legislature; and
176188
177189 (4) Grants and gifts made to the fund.
178190
179191 (c) Moneys in the fund shall be used for:
180192
181- (1) Projects that offset adverse environmental impacts caused by licensees and ensure that the State's natural resources are maintained for continued use by licensees, or both, such as projects that directly restore, enhance, and protect in perpetuity state-owned natural resources and the State's unique and fragile ecological status, including projects that:
182-
183- (A) Protect, restore, or enhance terrestrial or marine natural resources;
184-
185- (B) Increase the resilience and adaptation of Hawaii's natural resources with environmentally beneficial strategies to reduce the adverse impacts of climate change, including coastal erosion, sea level rise, ocean acidification, coral bleaching, destruction of reefs, and other impacts; or
186-
187- (C) Remove and control invasive species, and propagate and plant native species;
188-
189- provided that the commission may allocate moneys to be expended directly by state agencies or may provide grants to nonprofit organizations pursuant to section 171-H, subject to subsection (d) and section 171-F(b), if the commission determines that no state agency has the expertise necessary to implement a project;
193+ (1) Projects that offset adverse environmental impacts caused by licensees or ensure that the State's natural resources are maintained for continued use by licensees, or both; provided that moneys may be expended directly by state agencies or through grants as provided in section 171-F;
190194
191195 (2) The establishment of the commission pursuant to 171-E; and
192196
193197 (3) Creation and implementation of the visitor impact fee strategic plan.
194198
195- (d) In each year, no more than per cent of the allocation shall be allocated for grants to local governments and nonprofit organizations.
196-
197- §171-H Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to section 171-G, any organization requesting a grant shall:
199+ §171-H Grants; qualifications and conditions. (a) For purposes of grants awarded pursuant to section 171-F, any organization requesting a grant shall:
198200
199201 (1) Be licensed and accredited, as applicable, under the laws of the State;
200202
201203 (2) Have at least one year's experience with the project or in the program area for which the request or proposal is being made; and
202204
203205 (3) Be, employ, or have under contract persons who are qualified to engage in the program or activity to be funded by the State.
204206
205207 (b) Recipients of grants shall be subject to the following conditions:
206208
207209 (1) Any organization requesting a grant shall submit its request together with all the information required by the department on an application form provided by the department;
208210
209211 (2) The recipient of a grant shall not use public funds for purposes of entertainment or perquisites;
210212
211213 (3) The recipient of a grant shall comply with applicable federal, state, and county laws;
212214
213215 (4) The recipient of a grant shall comply with any other requirements the department may prescribe;
214216
215- (5) The recipient of a grant shall allow the department, legislative bodies, and legislative auditor full access to records, reports, files, and other related documents so that the program, management, and fiscal practices of the grant recipient may be monitored and evaluated to assure the proper and effective expenditure of public funds;
217+ (5) The recipient of a grant shall allow the department, the legislative bodies, and the legislative auditor full access to records, reports, files, and other related documents so that the program, management, and fiscal practices of the grant recipient may be monitored and evaluated to assure the proper and effective expenditure of public funds;
216218
217219 (6) Every grant shall be monitored pursuant to rules or policies established by the department to ensure compliance with this part; and
218220
219- (7) Any recipient of a grant who withholds or omits any material fact or deliberately misrepresents facts to the department or who violates the terms of the recipient's contract shall be in violation of this section and, in addition to any other penalties provided by law, shall be prohibited from applying for a grant under this part for a period of five years from the date of termination of the recipient's contract.
221+ (7) Any recipient of a grant under this section who withholds or omits any material fact or deliberately misrepresents facts to the department or who violates the terms of the recipient's contract shall be in violation of this section and, in addition to any other penalties provided by law, shall be prohibited from applying for a grant under this section for a period of five years from the date of termination.
220222
221223 (c) The department shall provide grant recipients with access to any state-owned lands or natural resources necessary to effectuate the project for which the grant is awarded.
222224
223225 §171-I Report to legislature. (a) No later than twenty days prior to the convening of the regular session of 2025 and each year thereafter, the department shall submit a report to the legislature.
224226
225- (b) The report shall contain information on ways that the fund restored, enhanced, and protected state-owned natural resources and the State's unique and vulnerable ecosystem during the previous fiscal year, as well as the benefits that accrue or will accrue from those expenditures to the benefit of the State's natural resources.
227+ (b) The report shall contain information on ways that the fund restored, enhanced, and protected Hawaii's state-owned natural resources, and its unique and vulnerable ecosystem, during the previous fiscal year, as well as the benefits that accrue or will accrue from those expenditures to the benefit of the State's natural resources.
226228
227229 (c) The department shall also publish the reports on its website.
228230
229231 §171-J Rules. (a) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part, including any rules necessary to ensure that persons who purchase a license pursuant to this part are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land, to which access is granted by the license."
230232
231- SECTION 3. (a) The department of land and natural resources shall amend its existing rules, including the fee schedule for state parks that is adopted pursuant to section 184-3.2, Hawaii Revised Statutes, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park or other state-owned natural area to which access is granted by the license.
233+ SECTION 3. (a) The department of land and natural resources shall amend its existing rules, including the fee schedule for state parks that is adopted pursuant to section 184-3.2, Hawaii Revised Statutes, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park or other state-owned natural areas to which access is granted by the license.
232234
233235 (b) 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 proposed legislation that recommends any statutory changes that are necessary, if any, to ensure that persons who purchase a license pursuant to sections 171-B and 171-C, Hawaii Revised Statutes, are not assessed a separate entrance fee to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area on state-owned land to which access is granted by the license.
234236
235- SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for deposit into the visitor impact fee special fund established by section 171-G, Hawaii Revised Statutes.
237+ SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for deposit into the visitor impact fee special fund.
236238
237239 SECTION 5. There is appropriated out of the visitor impact fee special fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment of the environmental legacy commission and a strategic plan with a timetable indicating how the established objectives and policies will be pursued and implemented pursuant to this Act.
238240
239241 The sum appropriated shall be expended by the department of land and natural resources for the purpose of this Act.
240242
241- SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
243+ SECTION 6. In codifying the new sections added by section 2 and referenced in section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
242244
243245 SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
244246
245247 SECTION 8. This Act shall take effect on July 1, 2050.
246248
247- Report Title: DLNR; Visitor Impact Fee; Environmental Legacy; Appropriation Description: Establishes within the Department of Land and Natural Resources a visitor impact fee program to collect a fee to allow visitors to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area. Establishes the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources. Establishes the visitor impact fee special fund. Appropriates funds. Takes effect 7/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
249+ Report Title: DLNR; Visitor Impact Fee; Environmental Legacy; Appropriation Description: Establishes within the Department of Land and Natural Resources a visitor impact fee program to collect a fee to allow visitors to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area. Establishes the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources. Establishes the visitor impact fee special fund. Appropriates moneys. Takes effect 7/1/2050. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
248250
249251
250252
251253
252254
253255 Report Title:
254256
255257 DLNR; Visitor Impact Fee; Environmental Legacy; Appropriation
256258
257259
258260
259261 Description:
260262
261-Establishes within the Department of Land and Natural Resources a visitor impact fee program to collect a fee to allow visitors to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area. Establishes the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources. Establishes the visitor impact fee special fund. Appropriates funds. Takes effect 7/1/2050. (HD1)
263+Establishes within the Department of Land and Natural Resources a visitor impact fee program to collect a fee to allow visitors to visit a state park, beach, state-owned forest, hiking trail, or other state-owned natural area. Establishes the Environmental Legacy Commission to allocate the revenues from the visitor impact fee to protect and manage Hawaii's natural resources. Establishes the visitor impact fee special fund. Appropriates moneys. Takes effect 7/1/2050. (SD2)
262264
263265
264266
265267
266268
267269
268270
269271 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.