CONFERENCE COMMITTEE REP. NO. 174

Honolulu, Hawaii

, 2023

RE: S.B. No. 67

S.D. 1

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 67, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL ACTIVITIES ON BEACHES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Prohibit commercial vendors from presetting commercial beach equipment on certain beaches under the jurisdiction of the Department of Land and Natural Resources, unless the customer is physically present;

(2) Require commercial vendors to expeditiously remove commercial beach equipment after the customer has finished using it;

(3) Allow the Department of Land and Natural Resources to grant exemptions through rules; and

(4) Establish administrative fines for violations.

Your Committee on Conference finds that the presetting of commercial beach umbrellas, chairs, and other beach equipment on beaches has been a long-standing issue that has generated many complaints. While officers of the Division of Conservation and Resources Enforcement have issued many citations to offenders, courts have often dismissed them due to concessionaires stating that they were setting up equipment for customers with prior reservations. Therefore, this measure seeks to strike a balance between the public's ability to freely enjoy Hawaii's beaches and the visitor industry's desire to provide amenities to their guests.

Accordingly, your Committee on Conference has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 67, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 67, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ LINDA ICHIYAMA Co-Chair	____________________________ LORRAINE R. INOUYE Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ JARRETT KEOHOKALOLE Co-Chair
____________________________ SCOTT Y. NISHIMOTO Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN Co-Chair