RELATING TO A DEPARTMENT OF WATER SAFETY AND DROWNING PREVENTION.

SB3191

THE SENATE

S.B. NO.

3191

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to a department of water safety and drowning prevention
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that drowning is a
tragic yet preventable cause of injury and death.
�
The State currently has the second highest
rate of deaths by drowning for residents in the country and drowning is the
leading cause of death for children in the State.
�
The legislature further finds that drowning
also threatens the State's lucrative tourism economy as it is the leading cause
of injury-related death for visitors.
�

While the State is home to some of the world's best ocean safety
lifeguards, recent policy has not prioritized drowning prevention and water
safety.
�
Consequently, water safety and
drowning prevention organizations have experienced a chronic shortage of
resources and funding to ensure that residents and visitors are safe in, on,
and around the water.

����
The
legislature further finds that the State previously prioritized water safety
and swim education.
�
The Waikiki memorial
natatorium opened in 1927 in celebration of the State's world prominence in the
sport of swimming.
�
Thousands of the
State's children learned to swim in its waters as a part of the department of
education's elementary learn-to-swim program.
�

Today, the natatorium is in a state of disrepair and the department of
education no longer administers a centralized program for water safety and swim
instruction.
�
The legislature also finds
that the city and county of Honolulu is planning to restore the
natatorium.
�
The legislature believes
that this plan should also include a parallel strategy implemented at the state
level to restore the department of education's water safety learn to swim
program.

����
The
legislature additionally finds that the absence of equitable swim education in
the State has increased the rate of drownings and has left many keiki without
the water skills necessary to safely enjoy the water.
�
According to a 2018-2019 assessment by the
Hawaii aquatics foundation, it found that only two per cent of second graders
have the basic skills to avoid or recover from a dangerous aquatic situation
and the percentage is lower for low-income students.
�
The State's high cost of living leaves many parents
without the time or financial resources to ensure that their children acquire
water safety and swimming skills.
�
The
legislature additionally finds that the dearth of available public pools
statewide compounds these challenges, especially for the economically
disadvantaged.
�
The Center for Disease
Control and Prevention and U.S. National Water Safety Action Plan recommend
"increasing access to basic swimming and water safety skills training for
all persons, which could reduce disparities in unintentional drowning
deaths".

����
The
legislature additionally finds that even one targeted pool-based program may
have a significant impact in teaching lifelong water competency and skills.
�
Tiered swimming education, where classes
progress through steps, leads to more proficient swimmers.
�
It is essential that water safety and
drowning prevention programs are accessible to all regards of race, ethnicity,
socioeconomic status, language, sexual orientation, family background, family
income, and geographic location.
�
Thus,
the State must also ensure that there is support for programs addressing gender
gaps and shortfalls and programs that are specifically designed for individuals
with special needs, including adaptive swimming programs and specialized water
safety training.

����
The
legislature additionally finds that the department of education and state
leadership have not adequately scaled up in-school lessons to match the gravity
of need.
�
In 2021, the department of
education required elementary school leadership to select one grade level of
their choice between kindergarten to fifth grade to provide ocean safety
materials to protect students, prevent drownings, and promote safety.
�
However, actual pool-based lessons were not
addressed.
�
While implementing tiered
in-school water safety and swimming lessons statewide is difficult, it is
necessary to adopt this long-term strategy to ensure the safety of the State's
children.

����
The
legislature additionally finds that while the ocean provides a venue for
swimming instruction, weather, ocean conditions, and the availability of
lifeguards affect the suitability of ocean sites for instruction.
�
Public pools offer a viable alternative but
come with their own set of challenges.
�

The scarcity of public pools and public pools programming, combined with
limited opening hours, makes it challenging to learn to swim, especially for
the economically disadvantaged.
�
Nevertheless,
opportunities for natural partnerships to provide access to swimming lessons
exist between the department of education and the counties, which have built
many pools next to schools.
�
However,
school administrators and staff have hesitated to collaborate and instead have
blocked progress by citing easily overcome hurdles including insurance,
indemnification, and pool staffing.
�

Additionally, schools without a pool within walking distance must address
the cost and liability of transporting children to and from the pool.

����
The
legislature additionally finds that to alleviate these issues, the State and
counties must work together to streamline the hiring process for lifeguards and
ensure that they are compensated commensurate to their responsibilities.
�
Furthermore, the State and counties must
collaborate to provide more access to public pools and programming to support
in-school swimming programs and opportunities that fall outside of the
educational system.

����
The
legislature additionally finds that while the department of health has some
oversight and accountability for the rate of drownings in the State, it lacks
adequate resources and staffing.
�
For
example, the emergency services and injury prevention system branch has a
Hawaii injury prevention with a core focus area of drowning prevention but
there is not enough authority, coordinated collaboration across agencies, or
funding to implement this plan effective.
�

Furthermore, the drowning and injury prevention action committee was
established in 2014 and for a time met regularly with a full-time drowning
prevention coordinator.
�
During the
COVID-19 pandemic, the action committee lost its funding and paused.
�
However, in 2024, the action committee
restarted with a part-time, temporary drowning prevention coordinator.
�
The legislature finds that the restoration of
the drowning prevention coordinator to a full-time position is critical.

����
The
legislature also finds that the Hawaii water safety task force which was
established within the department of land and natural resources to regularly
bring together safety officials and experts from the state and counties to
create cohesive signage and warning policies has not convened for several
years, resulting in a lack of signage updates.
�

The legislature finds that the Hawaii water safety task force requires
more funding to perform its essential duties.

����
The
legislature also finds that the State does not currently have centralized
oversight and coordination of pools and other closed-water venues, including
county swimming pools.
�
The legislature
finds that a higher-level centralized solution with authority and funding is
needed to enact change throughout the State through relevant agencies within
various counties, including a centralized website or application where
residents and tourists may obtain real-time information.
�
Currently, such information is spread across
multiple websites, causing confusion, and displaying a lack of coordination
between government agencies that have missed an opportunity to align their
resources.
�
Multisectoral success will
require public sharing of drowning prevention strategies between agencies,
coordinated collaboration at all levels of government, and receptiveness to
public-private partnerships.

����
Accordingly,
the purpose of this Act is to establish a department of water safety and
drowning prevention.

����
SECTION
2.
�
The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
Chapter

department
of water safety and drowning prevention

����
� -1
�
Department of water safety and drowning
prevention; established; powers and duties.
�

There shall be established a department of water safety and drowning
prevention.
�
The department of
water safety and drowning prevention shall:

����
(1)
�
In consultation with the drowning and
aquatic injury prevention advisory committee and division of boating and ocean
recreation of the department of land and natural resources, develop and
maintain a statewide water safety and drowning prevention strategic plan and
implement any recommendations made from relevant agencies and organizations to
continue the strategic planning process;

����
(2)
�
Coordinate with relevant agencies and
organizations involved in water safety statewide to ensure that existing water
safety and drowning prevention initiatives:

���������
(A)
�
Integrate existing programs and resources;
and

���������
(B)
�
Complement rather than duplicate
existing programs;

����
(3)
�
Collaborate with the department of
education and the department of parks and recreation of each county to
streamline the approval processes for the utilization of aquatics facilities;
and

����
(4)
�
Attract and promote capital investment
in:

���������
(A)
�
Aquatics facilities development,
maintenance, and restoration; and

���������
(B)
�
Water safety and drowning prevention
programs.

����
� -2
�
Rules
�
The department of water safety and
drowning prevention may adopt rules pursuant to chapter 91 to carry out the
purposes of this chapter."

����
SECTION

3
.
�
Chapter
26
,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

����
"
�26-
�
Department of water safety and drowning
prevention.
�
(a)
�
The department of water safety and drowning
prevention shall be headed by a single executive to be known as the director of
water safety and drowning prevention.

����
(b)
�
The director of water safety and drowning
prevention shall appoint, without regard to chapter 76, a deputy director to
serve at the director's pleasure.

����
(c)
�
The department of water safety shall be
responsible for the development, implementation, and coordination of water
safety and drowning prevention programs statewide.
"

����
SECTION

4
.
�
Section 26-4,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�
26-4
�
Structure of government.
�
Under the supervision of the governor, all
executive and administrative offices, departments, and instrumentalities of the
state government and their respective functions, powers, and duties shall be
allocated among and within the following principal departments that are hereby
established:

����
(1)
�
Department of human resources
development (Section 26‑5);

����
(2)
�
Department of accounting and general
services (Section 26-6);

����
(3)
�
Department of the attorney general
(Section 26-7);

����
(4)
�
Department of budget and finance
(Section 26-8);

����
(5)
�
Department of commerce and consumer
affairs (Section 26-9);

����
(6)
�
Department of taxation (Section 26-10);

����
(7)
�
University of Hawaii (Section 26-11);

����
(8)
�
Department of education (Section
26-12);

����
(9)
�
Department of health (Section 26-13);

���
(10)
�
Department of human services (Section
26-14);

���
(11)
�
Department of land and natural
resources (Section 26‑15);

���
(12)
�
Department of agriculture and
biosecurity (Section 26‑16);

���
(13)
�
Department of Hawaiian home lands
(Section 26-17);

���
(14)
�
Department of business, economic
development, and tourism (Section 26-18);

���
(15)
�
Department of transportation (Section
26-19);

���
(16)
�
Department of labor and industrial
relations (Section 26-20);

���
(17)
�
Department of defense (Section 26-21);

���
(18)
�
Department of corrections and
rehabilitation (Section 26-14.6); [
and
]

���
(19)
�
Department of law enforcement (Section
26-14.8)[
.
]
; and

���
(20)
�
Department of water safety and
drowning prevention (Section 26- ).
"

����
SECTION

5
.
�
Section 26-52,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�26-52
�
Department heads and executive officers.
�
The salaries of the following state officers shall be
as follows:

����
(1)
�
The salary of the superintendent of education shall be
set by the board of education.
�
The superintendent
shall be subject to an annual performance evaluation that is in alignment with
other employee evaluations within the department of education and are based on
outcomes determined by the board of education; provided that nothing shall
prohibit the board of education from conditioning a portion of the salary on
performance;

����
(2)
�
The
salary of the president of the university of Hawaii shall be set by the board
of regents;

����
(3)
�
Effective July 1, 2004, the salaries of
all department heads or executive officers of the departments of accounting and
general services; agriculture and biosecurity; attorney general; budget and
finance; business, economic development, and tourism; commerce and consumer
affairs; corrections and rehabilitation; Hawaiian home lands; health; human
resources development; human services; labor and industrial relations; land and
natural resources; law enforcement; taxation; [
and
] transportation
;
and water safety and drowning prevention
shall be as last recommended by
the executive salary commission.
�

Effective July 1, 2007, and every six years thereafter, the salaries
shall be as last recommended by the commission on salaries pursuant to section
26‑
56, unless rejected by
the
legislature; and

����
(4)
�
The
salary of the adjutant general shall be $85,302 a year.
�
Effective July 1, 2007, and every six years
thereafter, the
salary
of the adjutant
general shall be as last recommended by the commission on salaries pursuant to
section 26-56, unless rejected by the legislature, except that if the state
salary is in conflict with the pay and allowance fixed by the tables of the
regular Army or Air Force of the United States, the latter shall prevail.
"

����
SECTION

6
.
�
Section 26-56,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:

����
"
(b)
�
The commission shall review and recommend an
appropriate salary for the governor, lieutenant governor, members of the
legislature, justices and judges of all state courts, administrative director
of the State or an equivalent position, and department heads or executive
officers and the deputies or assistants to the department heads of the
departments of:

����
(1)
�
Accounting and general services;

����
(2)
�
Agriculture and biosecurity;

����
(3)
�
The attorney general;

����
(4)
�
Budget and finance;

����
(5)
�
Business, economic development, and
tourism;

����
(6)
�
Commerce and consumer affairs;

����
(7)
�
Corrections and rehabilitation;

����
(8)
�
Defense;

����
(9)
�
Hawaiian home lands;

���
(10)
�
Health;

���
(11)
�
Human resources development;

���
(12)
�
Human services;

���
(13)
�
Labor and industrial relations;

���
(14)
�
Land and natural resources;

���
(15)
�
Law enforcement;

���
(16)
�
Taxation; [
and
]

���
(
17)
�
Transportation[
.
]
; and

���
(18)
�
Water safety and drowning
prevention.

����
The
commission shall not review the salary of any position in the department of
education or the
University

of
Hawaii
.

����
The
commission may recommend different salaries for department heads and executive
officers and different salary ranges for deputies or assistants to department
heads; provided that the commission shall recommend the same salary range for
deputies or assistants to department heads within the same department; provided
further that the appointing official shall specify the salary for a particular
position within the applicable range.

����
The
commission shall not recommend salaries lower than salary amounts recommended
by prior commissions replaced by this section."

����
SECTION

7
.
�
Section 84-18,
Hawaii Revised Statutes, is amended by amending subsection (e) to read as
follows:

����
"(e)
�
Subject to the restrictions imposed in
subsections (a) through (d), the following individuals shall not represent any
person or business for a fee or other consideration regarding any legislative
action or administrative action, as defined in section 97-1, for twelve months
after termination from their respective positions:

����
(1)
�
The governor;

����
(2)
�
The lieutenant governor;

����
(3)
�
The administrative director of the
State;

����
(4)
�
The attorney general;

����
(5)
�
The comptroller;

����
(6)
�
The chairperson of the board of
agriculture and biosecurity;

����
(7)
�
The director of corrections and
rehabilitation;

����
(8)
�
The director of finance;

����
(9)
�
The director of business, economic
development, and tourism;

���
(10)
�
The director of commerce and consumer
affairs;

���
(11)
�
The adjutant general;

���
(12)
�
The superintendent of education;

���
(13)
�
The chairperson of the Hawaiian homes
commission;

���
(14)
�
The director of health;

���
(15)
�
The director of human resources
development;

���
(16)
�
The director of human services;

���
(17)
�
The director of labor and industrial
relations;

���
(18)
�
The chairperson of the board of land
and natural resources;

���
(19)
�
The director of law enforcement;

���
(20)
�
The director of taxation;

���
(21)
�
The director of transportation;

���
(22)
�
The director of water safety and
drowning prevention;

��
[
(22)
]

(23)
�
The president of the [
University
]

university
of Hawaii;

��
[
(23)
]

(24)
�
The executive administrator of the
board of regents of the [
University
]
university
of Hawaii;

��
[
(24)
]

(25)
�
The administrator of the office of
Hawaiian affairs;

��
[
(25)
]

(26)
�
The chief information officer;

��
[
(26)
]

(27)
�
The executive director of the
agribusiness development corporation;

��
[
(27)
]

(28)
�
The executive director of the campaign
spending commission;

��
[
(28)
]

(29)
�
The executive director of the Hawaii
community development authority;

��
[
(29)
]

(30)
�
The executive director of the Hawaii
housing finance and development corporation;

��
[
(30)
]

(31)
�
The president and chief executive
officer of the Hawaii tourism authority;

��
[
(31)
]

(32)
�
The executive officer of the public
utilities commission;

��
[
(32)
]

(33)
�
The state auditor;

��
[
(33)
]

(34)
�
The director of the legislative
reference bureau;

��
[
(34)
]

(35)
�
The ombudsman;

��
[
(35)
]

(36)
�
The permanent employees of the legislature,
other than persons employed in clerical, secretarial, or similar positions;

��
[
(36)
]

(37)
�
The administrative director of the
courts;

��
[
(37)
]

(38)
�
The executive director of the state
ethics commission;

��
[
(38)
]

(39)
�
The executive officer of the state
land use commission;

��
[
(39)
]

(40)
�
The executive director of the natural
energy laboratory of Hawaii authority;

��
[
(40)
]

(41)
�
The executive director of the Hawaii
public housing authority; and

��
[
(41)
]

(42)
�
The first deputy to the chairperson of
the commission on water resource management;

provided
that this subsection shall not apply to any person who has held one of the
positions listed above only on an interim or acting basis and for a period of
less than one hundred eighty-one days."

����
SECTION 8.
�

There is appropriated out of the general revenues of the State of Hawaii
the sum of $ or so
much thereof as may be necessary for fiscal year 2026-2027 for the
establishment of the following positions with the department of water safety
and drowning prevention:

����
(1)
�
One
full-time equivalent (1.0 FTE) permanent director position;

����
(2)
�
One
full-time equivalent (1.0 FTE) permanent deputy director position;

����
(3)
�

full-time equivalent ( FTE) permanent private
secretary positions;

����
(4)
�
One
full-time equivalent (1.0 FTE) permanent administrative services officer
position; and

����
(5)
�
One
full-time equivalent (1.0 FTE) permanent human resources officer position.

����
The sum appropriated shall be expended by
the department of water safety and drowning prevention for the purposes of this
Act.

����
SECTION
9.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
10.
�
This Act shall take effect on July
1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Water Safety and Drowning Prevention; Establishment; Positions; Appropriation

Description:

Establishes
the Department of Water Safety and Drowning Prevention.
�
Establishes the position of Director of Water
Safety and Drowning Prevention.
�

Establishes the position of Deputy Director of Water Safety and Drowning
Prevention.
�
Appropriates funds.

The summary description
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not legislation or evidence of legislative intent.