HB127 HD1

Report Title:

Land Use; Traditional Hawaiian Beachboy Lease

Description:

Directs the Department of Land and Natural Resources to enter into negotiations with a traditional Hawaiian beachboy association for a lease at the Duke Kahanamoku Beach at Waikiki, Oahu, subject to certain conditions. (HB127 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	127
TWENTY-THIRD LEGISLATURE, 2005		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LAND USE.

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

SECTION 1. The legislature believes that there exist, within the State, certain unique traditional services that perpetuate and exemplify the rich cultural heritage of Hawaii and that the potential loss of purveyors of these traditional services would detrimentally impact not only the State's economic well-being, but the social fabric of Hawaii as well.

The legislature finds that beachboy services provided in the Hawaiian tradition enjoy an iconic status throughout the history of modern Hawaii and around the world. Anecdotal and historical accounts abound regarding tales of famous persons being instructed by Hawaiian beachboys in the ways of the water and the Hawaiian lifestyle, as well as being enthralled by their tales of local history and lore. It can be argued that more than any other single endemic vocation in the State, the Hawaiian beachboy has been the most effective ambassador of aloha and the Hawaiian way of life to the world over the past century.

The legislature further finds that the services customarily provided by beachboys in the Hawaiian tradition are such a valued economic and cultural resource and that the State should support efforts to perpetuate this resource by ensuring that beachboy concessions maintain a consistent level of service and are operated by personnel that are not only knowledgeable in traditional Hawaiian beachboy services, but have a proven record of financial responsibility and service to the community as well.

The legislature notes that the most famous beach in the State, Duke Kahanamoku beach in Waikiki, Oahu, owned by the State, is not subject to any long-term traditional Hawaiian beachboy lease or concession.

The purpose of this Act is to perpetuate the Hawaii beachboy tradition by directing the board of land and natural resources to enter into lease negotiations and execute a lease for beach services operated in the Hawaiian beachboy tradition at Duke Kahanamoku beach in Waikiki, Oahu.

SECTION 2. Notwithstanding any law to the contrary and pursuant to section 102-2(b)(8), Hawaii Revised Statutes, the board of land and natural resources, as soon as practicable, shall negotiate a direct lease for not less than fifteen years for a traditional Hawaiian beachboy concession to be located at Duke Kahanamoku beach in Waikiki, Oahu, with a prospective lessee that shall be subject to the following:

(1) The beach service concession shall be operated by a beach service association dedicated to the preservation of the Hawaiian beachboy tradition, incorporated as a nonprofit corporation in accordance with state law, and whose members and employees are appropriately licensed or certified as required by law;

(2) The prospective lessee shall provide documentation that demonstrates an effective "no drug" policy;

(3) The prospective lessee shall have a demonstrated knowledge of ocean currents, wave actions, canoeing, surfing, ocean survival techniques, and the inter-relationship of the sea/ocean conditions relative to the mountains;

(4) The principal or responsible person for the prospective lessee shall possess a valid canoe captain license and a valid surfing instructor license;

(5) The principal or responsible person for the prospective lessee shall possess a current Coast Guard auxiliary/sail captain one hundred ton license;

(6) The principal or responsible person for the prospective lessee shall have at least three years of experience in ocean survival within the State and city and county of Honolulu;

(7) The principal or responsible person for the prospective lessee shall provide documentation showing that the prospective lessee or its predecessor has been a responsible traditional beachboy lessee for at least twenty years and has met all financial lessee responsibilities, including the timely payment of lease rents;

(8) The prospective lessee shall provide documentation of the ability to obtain or possess a general liability insurance policy of not less than $1,000,000 to operate at Duke Kahanamoku beach;

(9) The prospective lessee shall possess a demonstrated record of longevity, commitment to serve the public, (both local residents and tourists), and current and past efforts to promote educational endeavors to all individuals;

(10) The principal or responsible person for the prospective lessee shall have completed training with American Red Cross in the following:

(A) Lifeguard training and first aid;

(B) Cardiopulmonary resuscitation training;

(D) Oxygen administration for professional rescue;

and

(11) The principal or responsible person for the prospective lessee shall possess at least sixty college credits in social science or a bachelor's degree in social sciences from an accredited college or university;

(12) The principal or responsible person of the prospective lessee shall provide documentation showing that the prospective lessee or its predecessor has the requisite experience by having operated a beach services concession at Duke Kahanamoku beach in Waikiki, Oahu, for at least twenty-five years;

(13) If a new lease is issued, then the following may be contained in the lease:

(A) Fair market rent, excluding tenant improvements;

(B) Percentage rent where gross receipts exceed a certain level;

(D) Requirements to substantially improve the property;

and

(14) The new lease shall contain any other conditions deemed appropriate by the board to carry out the purposes of this Act.

SECTION 3. It is the expressed intent of this Act to ensure that:

(1) The legislature not interfere with market forces by subsidizing beach services uses;

(2) The State is receiving a fair return from public lands; and

(3) Investment is made into the infrastructure associated with the lease.

SECTION 4. All costs for the issuance of a new lease, including determining the current fair market value and any request for proposals, shall be paid for by a prospective lessee interested in acquiring a new lease.

SECTION 5. This Act shall take effect upon its approval; provided that it shall be repealed on December 31, 2011.