STAND. COM. REP. NO. 648-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 87
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 87, 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 authorizing the Board of Land and Natural Resources (BLNR) to enter into lease negotiations and enter into a lease allowing a beach services provider to operate in the Hawaiian beachboy tradition at the Duke Kahanamoku Beach in Waikiki, Oahu.
Specifically, this bill:
(1) Authorizes BLNR to negotiate a direct lease to the existing beach services permittee, C&K Beach Services, Inc. (C&K); and
(2) Establishes requirements for the leasing process, prospective lessee, and the lease.
Hui Malama o ke Kai, Waikiki Beach Activities, Ltd., the Estate of Nadine Kahanamoku, Hawai'i Pilot Association, C&K, and several concerned individuals submitted testimony in support of this measure. The Department of Land and Natural Resources, Star Beachboys, Inc., and several individuals opposed this measure. The Office of Hawaiian Affairs offered comments.
Testimony advocating an open bid process was carefully weighed against equally strong support for a long-term negotiated contract. While an open bid process appeared to be appropriate, your Committee was compelled to consider the intrinsic and immeasurable value of the world-renowned Hawaiian beachboy tradition so fondly and earnestly described by testifiers. Your Committee notes that this priceless asset of Hawaiiana may be lost through the open bid process.
Your Committee also considered the contributions of Hawaiian beachboy services, and more particularly the current provider at Duke Kahanamoku Beach, C&K, which has:
(1) Provided 27 years of proven, quality services to visitors and residents, including lessons on the sea and Waikiki reefs;
(2) Provided complimentary surfing and canoeing lessons to school children and at-risk youth; and
(3) Saved countless lives through lifeguard services and ocean rescues at no cost to the State.
Your Committee also notes that this measure represents a work-in-progress. Constitutional concerns expressed by the Department of the Attorney General relating to the leasing process and other concerns expressed by testifiers on this bill must be addressed.
The alternative of "first right-of-refusal" was briefly discussed and may be subsequently pursued in the legislative process as a possible option.
Your Committee has amended this bill by:
(1) Authorizing BLNR to negotiate a direct lease with Hawaii Beachboy Preservation Foundation, Inc., a nonprofit entity as required by section 102-2(b)(8), Hawaii Revised Statutes;
(2) Authorizing a lease term of not less than 15 years;
(3) Requiring that the director of the prospective lessee rather than the prospective lessee provide documentation proving operation of a beach service concession at Duke Kahanamoku Beach for at least 25 years; and
(4) 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 Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 87, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 87, 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 Use, and Hawaiian Affairs,
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____________________________ EZRA R. KANOHO, Chair |