STAND. COM. REP. NO. 1091

Honolulu, Hawaii

RE:    H.B. No. 507

       H.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 507, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BOATING,"

begs leave to report as follows:

     The purpose of this measure is to effectively manage small boat harbors and consistently enforce state boating laws and regulations by prohibiting the Department of Land and Natural Resources from transferring the authority over the small boat harbors to the counties, unless expressly provided by statute.

     Testimony in support of this measure was submitted by a Council Member, County of Maui; the Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO; the Ocean Tourism Coalition; the Hawaii Boaters Political Action Association; and two individuals.  Testimony in opposition to this measure was submitted by the Department of Land and Natural Resources.

     Your Committee finds that article V, section 6, of the State Constitution mandates that functions of the state government shall be allocated by law among its principal departments.  Currently, the Department of Land and Natural Resources is responsible for the operation, administration, and maintenance of the small boat harbors.  This authority was expressly provided by statute under section 200-3, Hawaii Revised Statutes.  Although the Department of Land and Natural Resources may be contemplating transferring the small boat harbors to the counties, your Committee further finds that the Department may not do so without action by the Legislature, pursuant to article V, section 6, Hawaii State Constitution.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 507, H.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

____________________________

RUSSELL S. KOKUBUN, Chair