THE SENATE	S.R. NO.	83
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

requesting the task force on beach and water safety to RESUME convening regular meetings as mandated BY LAW AND PROVIDE A CURRENT STATUS REPORT TO THE LEGISLATURE.

WHEREAS, Act 190, Session Laws of Hawaii 1996 (Act 190), established a process for the State and counties to provide both meaningful and legally adequate warnings to the general public of extremely dangerous natural conditions in ocean areas adjacent to their respective public beach parks through signage; and

WHEREAS, Act 190 recognized the State's duty to warn the public of dangerous shorebreaks or strong currents in the ocean fronting a beach park when they are extremely dangerous, typical for that beach park, and pose a risk of serious injury or death; and

WHEREAS, Act 190, among other things, established a Task Force on Beach and Water Safety to advise the Chairperson of the Board of Land and Natural Resources prior to any decision on the design and placement of warning signs and required the Task Force to regularly convene and to submit an annual report to the Legislature; and

WHEREAS, pursuant to Act 152, Session Laws of Hawaii 2007 (Act 152), the Legislature saw fit to remove the sunset date for Act 190, and thereby make it permanent; and

WHEREAS, despite this, the Legislature has not recently received any substantive information relating to any accomplishments of the Task Force, an inventory of existing warning signs on public beach parks, nor summaries as to the effectiveness of these signs in preventing drownings and serious injuries; and

WHEREAS, in the report submitted to the Legislature for the Regular Session of 2020, the Department of Land and Natural Resources attested that the Task Force has not met since December 12, 2012; and

WHEREAS, in the annual reports that have been submitted to the Legislature -- which are submitted in conjunction with reports relating to public land liability pursuant to Act 82, Session Laws of Hawaii 2003 (Act 82), codified in section 171-8.6, Hawaii Revised Statutes –- the Department of Land and Natural Resources has recommended that the need for the Task Force is obviated by the adoption of chapter 13-8, Hawaii Administrative Rules (HAR), which "clearly describes the legal signs standards"; the Department further attests that the signage "process is now a fundamental and institutional action by staff and as such there is no need to convene a ... [T]ask [F]orce"; and

WHEREAS, the Legislature notes that: (1) chapter 13-8, HAR, relates to signage on "improved public lands", which are lands expressly not intended to be inclusive of public beach parks as defined in Act 82; (2) even if chapter 13-8, HAR, promulgated on November 18, 2005, was construed to encompass public beach parks, the Legislature still intended for the receipt of annual Task Force reports by subsequently enacting Act 152 in 2007; and (3) while it may be true that the Department has established effective internal processes, the Department is not free to ignore a mandate of the Legislature; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Task Force on Beach and Water Safety is requested to resume convening regular meetings and the annual reporting requirement as mandated by law, and provide a substantive current status report to the Legislature as soon as practicable; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Administrator of the Division of State Parks.

OFFERED BY:

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Report Title:

Task Force on Beach and Water Safety; Public Beach Parks; Reports; Department of Land and Natural Resources; Division of State Parks