STAND. COM. REP. NO. 136

Honolulu, Hawaii

, 2023

RE: H.B. No. 184

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 184 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL OCEAN RECREATION,"

begs leave to report as follows:

The purpose of this measure is to protect customers of commercial ocean operators by:

(1) Requiring commercial ocean operators who take customers into state waters to engage in recreational activities to have at least one individual aboard the vessel who is a rescue diver or lifeguard certified by a nationally recognized certification organization; and

(2) Requiring vessels that transport customers for the purpose of engaging in an activity in state waters to have a backboard, emergency oxygen, and an automated external defibrillator included in its onboard safety equipment.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from the Department of Land and Natural Resources, Ocean Tourism Coalition, Ka‘anapali Surf Club, Calypso Charters, Malolo Charters, and one individual.

Your Committee recognizes the vital importance of ensuring the health and safety of customers of commercial ocean operators in Hawaii.

Your Committee has amended this measure by:

(1) Amending the exemption from the requirement to have at least one individual aboard the vessel who is a rescue diver or lifeguard certified by a nationally recognized certification organization to an exemption for vessels that have been inspected by the United States Coast Guard;

(2) Changing its effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 184, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 184, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

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

____________________________

LINDA ICHIYAMA, Chair