SB3164 SD2

SECTION 1. The legislature finds that surfing, as the state individual sport of Hawaii, is of significant cultural, social, and economic value to the people and State of Hawaii and the many visitors who travel to the State for surfing. An estimated seven hundred four thousand people surf in Hawaii each year, the second-most out of any state in the country. Hawaii's unique weather and topography make the State especially suited for surfing, yet many people are unaware of the history and exclusive connection that Hawaii has with surfing.

The legislature finds that there is an increasing interest in surfing beyond the State of Hawaii. The 2020 Summer Olympics in Tokyo will be the first Olympic games to include surfing, further bolstering global recognition of the sport.

The purpose of this Act is to provide for a statewide program to promote surfing and educate people throughout the State, as well as a broader national and international audience, about surfing's unique connection to Hawaii.

SECTION 2. Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201B- State commission on surfing; established. (a) There is established the state commission on surfing within the Hawaii tourism authority for administrative purposes.

(b) The commission shall consist of members who shall reflect the geographic and cultural diversity of the State. The membership shall include:

(1) As ex officio, voting members, the: comptroller; director of commerce and consumer affairs; chairperson of the board of land and natural resources; director of business, economic development, and tourism; and superintendent of education; or their designees;

(2) Nine additional voting members, who shall be appointed by the governor pursuant to section 26-34, except as provided in this section, as follows:

(A) Two members shall be appointed by the governor from a list of three nominees submitted by the president of the senate;

(B) Two members shall be appointed by the governor from a list of three nominees submitted by the speaker of the house of representatives;

(D) Two native Hawaiian members who demonstrate an understanding of the culture and history of surfing shall be appointed by the governor from a list of nominees submitted by the office of Hawaiian affairs;

provided that in appointing members pursuant to this paragraph, the governor shall ensure gender parity in the composition of the commission as a whole;

(3) One voting member shall be designated by the Hawaii Lifeguard Association; and

(4) One voting member shall be designated by the Hawaii Surfing Association.

(c) Of the members appointed by the Governor, there shall be at least one member from each of the counties of Kauai, Maui, and Hawaii.

(d) All members shall serve for a term of four years. Any vacancies occurring in the membership of the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointments. No member shall serve on the commission for more than two terms; provided that if a member fills a vacancy and serves for the remainder of an unexpired term, that member shall be considered to have served one term.

(e) The chair and vice chair shall be selected annually from the nongovernmental members of the commission appointed pursuant to subsection (b)(2). A simple majority shall constitute a quorum, whose affirmative vote shall be necessary for all actions.

(f) The members shall serve without compensation.

(g) Any member of the commission shall be immune from civil liability as provided in section 26-35.5.

(h) The commission shall serve in an advisory capacity to state agencies to promote the surfing industry and educate people about the cultural and historical significance of surfing. In addition, the commission may make recommendations on programs, services, and contracts relating to surfing and may:

(1) Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the promotion of surfing;

(2) Identify promising best practices that support and engage surfers and the surfing industry;

(3) Identify obstacles that impede or prevent people from undertaking surfing in a safe manner;

(4) Raise public awareness of surfing and its cultural and historical connection to the State;

(5) Recommend policies and practices, within and throughout state government, that encourage the education and promotion of surfing;

(6) Promote, foster, encourage, and otherwise support programs designed to educate and train people in the sport of surfing;

(7) Promote, foster, encourage, and otherwise support programs that promote surfing; and

(8) Do any and all things necessary to carry out its duties and the purposes of this section.

(i) The meetings of the commission shall be subject to the requirements of chapter 92.

(j) Notwithstanding any law to the contrary, the commission shall be exempt from section 26-35(a) with the exception of sections 26-35(a)(2), (3), (7), and (8).

(k) The commission shall administer funds appropriated or allocated for its duties and shall be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and, in the absence of any specific designation, the funds shall be disbursed or allocated on projects related to any of the purposes of this section.

(l) As used in this section, unless the context requires otherwise, "commission" means the state commission on surfing established pursuant to subsection (a)."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	3164
THIRTIETH LEGISLATURE, 2020		S.D. 2
STATE OF HAWAII