STAND. COM. REP. NO. 1279
Honolulu, Hawaii
, 2005
RE: H.B. No. 128
H.D. 2
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committees on Water, Land, and Agriculture and Business and Economic Development, to which was referred H.B. No. 128, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
beg leave to report as follows:
The purpose of this measure is to allow the Department of Land and Natural Resources (DLNR) to negotiate beach services concessions with qualified Hawaiian Beachboys with special exemptions.
The Office of Hawaiian Affairs, C&K Beach Services, Inc., and six individuals presented testimony in support of this measure. The Department of Accounting and General Services, the Department of Land and Natural Resources, Hale Kaiko, and one individual presented testimony in opposition to this measure. Two individuals presented comments on this measure.
Services customarily provided by the beachboys in the Hawaiian tradition are a valued economic and cultural resource. Your Committees find one way to perpetuate this resource is to ensure that beachboy concessions are maintained at a consistent level 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. Accordingly, this measure allows DLNR to negotiate with Hawaiian beachboy services without going through the sealed bidding process required for concessions on public property.
Your Committees have amended this measure by:
(1) Blanking out the minimum number of years required for the principal of the concession to have:
(a) Experience and be versed in the Hawaiian beachboy tradition;
(b) Been engaged in traditional Hawaiian beachboy services;
(c) Experience in ocean survival within the State;
(2) Providing that DLNR may award ___ contracts per year;
(3) Providing that the negotiated contracts will be for a period of not more than one year;
(4) Providing that the concessions will be located between San Souci (Kaimana) beach and the Ala Wai boat harbor;
(5) Clarifying that employees of the prospective concessionaire shall possess valid surfing, instructor, canoe captain licenses, and any other license or certification as required by law;
(6) Providing criteria for choosing between two or more qualified beachboy applicants; and
(7) Making technical, nonsubstantive changes for style, clarity, and consistency.
As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Business and Economic Development that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 128, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 128, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Business and Economic Development,
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____________________________ WILL ESPERO, Chair |
____________________________ RUSSELL S. KOKUBUN, Chair |
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