STAND. COM. REP. NO. 1359

Honolulu, Hawaii

RE:    S.C.R. No. 173

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.C.R. No. 173 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES, THE DEPARTMENT OF HAWAIIAN HOME LANDS, AND THE KAUAI POLICE DEPARTMENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING REGARDING THE ENFORCEMENT OF STATE LAWS AND COUNTY ORDINANCES AT ANAHOLA AND ALIOMANU BEACH AREA,"

begs leave to report as follows:

     The purpose of this measure is to request the Department of Land and Natural Resources, the Department of Hawaiian Home Lands, and the Kauai Police Department to enter into a memorandum of understanding regarding the enforcement of state laws and county ordinances at Anahola and Aliomanu Beach area. 

     Testimony in support of this measure was submitted by five public citizens.  Two state agencies supported the intent of this measure.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that the Anahola and Aliomanu Beach area is the site of frequent nuisance activities including noisy gatherings, illegal bonfires, suspected illegal drug activity, and vehicular traffic on the beach.  The Department of Land and Natural Resources has jurisdiction of the submerged areas, the Department of Hawaiian Home Lands has jurisdiction over the remaining portions but no law enforcement personnel on Kauai, and the Kauai Police Department does not have the proper equipment to perform law enforcement activities on the sand portion of the beach area.  The residents of the Anahola-Aliomanu Community have raised their concerns to the involved departments, however, the jurisdictional problems remain.  This measure will ensure that the departments work together to develop a memorandum of understanding to compromise for the enforcement of state laws and county ordinances.

     Your Committee has amended this measure by adopting the recommendation of the Department of Land and Natural Resources, and requesting the Department of Hawaiian Home Lands to submit a copy of the memorandum of understanding and findings and recommendations to the Legislature. 

     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 concurs with the intent and purpose of S.C.R. No. 173, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 173, S.D. 1.

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

____________________________

CLAYTON HEE, Chair