Bill Text: HI HCR106 | 2017 | Regular Session | Amended

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Bill Title: Requesting The Auditor To Conduct A Performance Audit Of The Department Of Land And Natural Resources' Division Of Boating And Ocean Recreation.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2017-04-19 - Report adopted, referred to WAM. [HCR106 Detail]

Download: Hawaii-2017-HCR106-Amended.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	106
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES' DIVISION OF BOATING AND OCEAN RECREATION.

 

 

 

     WHEREAS, the Department of Land and Natural Resources' Division of Boating and Ocean Recreation manages the State's small boat harbors and statewide ocean recreation programs; and

 

     WHEREAS, the Division's responsibilities include enforcing laws and rules pertaining to boating safety and regulation of commercial activities, and overseeing permits for ocean recreation events such as yacht races, canoe regattas, and surfing contests; and

 

     WHEREAS, in recent years, community members have expressed numerous concerns about the Division, particularly its lack of effective communication with the boating community, an inconsistent approach to interpreting and enforcing administrative rules, and repeated and prolific complaints across the State about the Division's management, and ongoing issues of employee misconduct complaints and ethics violations; and

 

     WHEREAS, it would be in the public interest for the Auditor to conduct a performance audit of the Division of Boating and Ocean Recreation, in light of the public's long-standing concerns; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Auditor is requested to conduct a performance audit of the Department of Land and Natural Resources' Division of Boating and Ocean Recreation; and

     BE IT FURTHER RESOLVED that the Auditor address the following matters in conducting the performance audit:  

 

     (1)  Statutory requirements for the management and administration of statewide ocean recreation and coastal areas programs pertaining to the ocean waters and navigable streams of the State (exclusive of commercial harbors), which include 21 small boat harbors, 54 launching ramps, 13 offshore mooring areas, 10 designated ocean water areas, 108 designated ocean recreation management areas, associated aids to navigation throughout the State, and beaches encumbered with easements in favor of the public, as well as a registry of small vessels;

 

     (2)  Review of actions taken by the Division to communicate with the boating community, including constituent meetings, communications with representatives of the boating community, public hearings, establishment of advisory councils, and addressing of user conflicts;

 

     (3)  Review of actions taken by the Division and by the Board of Land and Natural Resources in interpreting and enforcing administrative rules;

 

     (4)  Review of actions taken by the Division and by the Department of Land and Natural Resources to respond to complaints from constituents and from public officials about the Division's management, employee misconduct, and ethics violations;

 

     (5)  Capital improvement project needs identified to maintain these public facilities statewide, including:

 

          (A)  A list of current identified capital project

              needs;

 

          (B)  Estimated costs to complete those projects;

 

          (C)  Requests from public and private entities or

              persons to address facilities issues and whether

              those projects would provide a public or private

              benefit;

          (D)  Adequacy of funding appropriated by the

              Legislature for capital improvement projects;

 

          (E)  Actions the Division has taken to address

              specific identified facilities issues in the past

               three years, and the costs associated with such

              projects;

 

          (F)  The methodology the Division uses to prioritize

              facilities issues in light of the total estimated

              cost versus the amount of funding available, such

              as imminence of threat, public benefit of

              projects, and feasibility of projects; and

 

          (G)  Results to date and remaining needs; and

 

     (6)  Review of actions taken by the Division and the Department of Land and Natural Resources to ensure that state resources are being adequately accounted for and used according to statutes, rules, and policies; and

 

BE IT FURTHER RESOLVED that the Auditor is requested to examine whether the Division is using government resources in compliance with statutes, rules, and policies; whether the Division’s activities are achieving their objectives; and whether those activities are being conducted effectively, efficiently, economically, ethically, and equitably; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of any findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2019; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and the Chairperson of the Board of Land and Natural Resources.

Report Title: 

Performance Audit; Department of Land and Natural Resources; Division of Boating and Ocean Recreation