STAND. COM. REP. NO. 3184

Honolulu, Hawaii

RE: H.B. No. 2044

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 2044, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO KEKAHA KAI STATE PARK,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Appropriate funds to the Department of Land and Natural Resources to employ four full-time equivalent (4.0 FTE) permanent lifeguards at Kua Bay in the Kekaha Kai State Park on the island of Hawaii; and

(2) Appropriate funds to the Department of Land and Natural Resources to purchase certain equipment to be used by state lifeguards in the course of their work at Kua Bay.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of the Mayor, County of Hawai‘i; two members of the Hawai‘i County Council; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Kohala Coast Resort Association; Daniel Robert Sayre Memorial Foundation; and four individuals.

Your Committee finds that the location of Manini‘ōwali Beach at Kua Bay in the Kekaha Kai State Park between Kona and the resorts of Kohala Coast and the improvements made to the state park have led to an increase in visits by locals and tourists, thereby making Manini‘ōwali Beach at Kua Bay one of the most popular beaches in the State. The increase in visitation has been accompanied by an increase in dangerous incidents, injuries, and deaths. Although Manini‘ōwali Beach at Kua Bay is under the jurisdiction of the Department of Land and Natural Resources, the State does not employ its own ocean safety officers at Manini‘ōwali Beach. By appropriating funds for the employment of four ocean safety officers and necessary equipment, this measure will assist in preventing injuries and deaths and ensure visitor safety at Manini‘ōwali Beach.

Your Committee has amended this measure by:

(1) Adopting the language suggested by the Hawaii Government Employees Association that replaces the term "lifeguard" with "ocean safety officer" and making conforming amendments;

(2) Clarifying that Kua Bay is in the Kekaha Kai State Park and specifying that Manini‘ōwali Beach is at Kua Bay;

(3) Inserting an appropriation amount of $340,355 for the Department of Land and Natural Resources to establish four full-time equivalent permanent ocean safety officers for Manini‘ōwali Beach at Kua Bay in the Kekaha Kai State Park, and clarifying that the County of Hawaii is required to hire and provide benefits for the four permanent ocean safety officers;

(4) Inserting an appropriation amount of $80,000 for the purchase of certain equipment to be used by state ocean safety officers in the course of their work at Manini‘ōwali Beach at Kua Bay, and specifying amounts for certain equipment;

(5) Changing the effective date to July 1, 2018; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2044, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2044, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

KARL RHOADS, Chair