STAND. COM. REP. NO. 814

Honolulu, Hawaii

, 2005

RE: H.B. No. 128

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 128, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LAND USE,"

begs leave to report as follows:

The purpose of this bill is to perpetuate the Hawaiian beachboy tradition by clarifying and expanding present law which provides that the sealed bid process shall not apply to traditional Hawaiian beachboy services concessions operating on public property.

The Office of Hawaiian Affairs, Hui Malama O Ke Kai, C&K Beach Service, Inc., Waikiki Beach Activities, Ltd., and numerous individuals testified in support of this bill. The Department of the Attorney General, Department of Accounting and General Services, and Department of Land and Natural Resources opposed this measure.

Certain unique and traditional services that exemplify and perpetuate the rich cultural heritage of Hawaii are currently provided on many of Hawaii's beaches. These services enhance the "Hawaiian experience" for visitors to Hawaii and, in many ways, have been one of the most effective means of promoting Hawaii as a tropical paradise. The loss of these "ambassadors of aloha" would be economically, as well as culturally, detrimental to Hawaii.

Although concerns were raised regarding litigation and the possible prevention of legitimate and qualified beach services from competing for concessions on public beaches if this measure were to pass, your Committee finds that the preservation of this unique Hawaiian tradition is important to the people of Hawaii. However, your Committee also believes that, in the issue of fairness, the prospect of using the sealed bid process in situations where there are two or more qualified applicants for a concession on a public beach should be considered further as this measure makes its way through the legislative process.

Your Committee has amended this bill by clarifying that only the principal of a prospective concession shall be required to:

(1) Have a minimum of ten years of experience and be versed in the Hawaiian beachboy tradition;

(2) Be presently engaged in or have been engaged in traditional Hawaiian beachboy services in the state for a minimum of three years; and

(3) Have at least three years of experience in ocean survival within the state.

Your Committee has further amended this bill by:

(1) Requiring that employees of the prospective concessionaire possess a valid canoe captains license in addition to a valid surfing instructor license;

(2) Changing the effective date to July 1, 2006, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 128, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 128, H.D. 2, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

 

____________________________

EZRA R. KANOHO, Chair