STAND. COM. REP. NO. 1094

Honolulu, Hawaii

RE: S.B. No. 67

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 67, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit any commercial vendor from presetting commercial beach equipment on any public beach 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 Committees received testimony in support of this measure from the Department of Land and Natural Resources and three individuals. Your Committees received comments on this measure from the Hawai‘i Tourism Authority.

Your Committees find that many residents complain to state officials about equipment presetting on state beaches by the visitor industry and that issues persist due to the lack of a clear definition of presetting. Your Committees additionally find that the State has worked to address the presetting of beach umbrellas and chairs on beaches by issuing citations, but courts have dismissed many of these citations due to concessionaires stating that they were setting up umbrellas for customers with prior reservations. Thus, this measure prohibits any commercial vendor from presetting commercial beach equipment on any public beach when customers are not present and requires that vendors remove the equipment once the customers leave or no longer are using the equipment.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 67, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair