STAND. COM. REP. NO.881-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 1280

S.D. 1

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Water and Land Use, to which was referred S.B. No. 1280, S.D. 1, entitled:


begs leave to report as follows:

The purpose of this bill is to address the core problems in the overall management of small boat harbors by directing the Senate Committee on Economic Development and Technology to investigate the Department of Land and Natural Resources (DLNR), Division of Boating and Ocean Recreation (DOBOR).

For purposes of the public hearing, your Committee circulated a proposed H.D. 1 version that inserts new language increasing the moorage fees for nonresident and commercial permittees.

The Ocean Tourism Coalition, Trilogy Excusions, Aqua Lung Pacific, and Activity Owners Association of Hawaii testified in support of this measure. The Savealawai Coalition and one individual supported this measure with amendments. DLNR, the Hawaii Government Employees Association, Makai Society, and ten individuals offered comments. The Hawaii Boaters Political Action Association and Ala Wai Marina Board opposed this measure.

Your Committee has amended this bill by incorporating the amendments in the proposed H.D. 1. Further amendments were made to:

(1) Create a joint legislative committee with the addition of your Committee on Water and Land Use;

(2) Clarify that the joint committee shall review, not investigate, DOBOR;

(3) Delete the joint committee's task of reviewing the pending and resolved lawsuits against DOBOR; and

(4) Make technical, nonsubstantive amendments to conform to standard drafting conventions.

Finally, your Committee notes that State employees who provide the joint committee with useful information will be protected under the Whistleblowers' Protection Act, part V, Chapter 378, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1280, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1280, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

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