STAND

STAND. COM. REP. NO. 813

Honolulu, Hawaii

, 2005

RE: H.B. No. 127

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. 127, 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 promote the Hawaii beachboy tradition by temporarily requiring the Board of Land and Natural Resources to negotiate a direct lease, of 15 years or more, for a traditional Hawaiian beachboy concession to be located at Duke Kahanamoku Beach in Waikiki, Oahu, with a prospective lessee that meets certain requirements.

Waikiki Beach Activities, Ltd., and numerous concerned citizens supported this bill. C&K Beach Service, Inc., and a concerned citizen supported this bill and offered amendments. The Office of Hawaiian Affairs supported this bill with amendments. The Attorney General and the Department of Land and Natural Resources opposed this bill.

Your Committee has amended this bill by:

(1) Deleting the requirement that the principal or responsible person for the prospective lessee possess a current Coast Guard auxiliary/sail captain one hundred ton license;

(2) Deleting the requirement that the principal or responsible person for the prospective lessee possess at least 60 college credits in social science or a bachelor's degree in social sciences;

(3) Clarifying that the principal or responsible person for the prospective lessee shall have operated a beach services concession on public lands for at least 15 years;

(4) Clarifying that if a new lease is issued, then the lease may contain:

(A) Provisions for fair market rent, determined by independent appraisal, for non-profit corporations; and

(B) A requirement that the lessee's non-profit corporation be in existence for at least one year;

and

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

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. 127, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 127, 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