CONFERENCE COMMITTEE REP. NO55

Honolulu, Hawaii

, 2001

RE: H.B. No. 503

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 503, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO STATE LEASES,"

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 bill is to provide a fair solution to the uncertainty faced by agricultural lessees whose state leases are nearing expiration. This bill allows the Board of Land and Natural Resources (BLNR), without public auction, to enter into an extension or a new agricultural lease with the existing lessee if:

(1) The lease has expired or will expire within five years;

(2) There are no other qualified bidders for a leased property, or there are other comparable lands available to other potential lessees;

(3) The land is being actively and productively used for the purposes stated in the lease;

(4) The current lessee is not otherwise in default under the terms of the lease or permit; and

(5) BLNR has not determined that the public interest dictates that the land should be converted to other uses.

This bill further specifies that the length of lease extensions or new leases shall be not less than ten years and not more than twenty years.

Your Committee on Conference has amended this bill by requiring the Department of Land and Natural Resources and the Department of Agriculture to:

(1) Identify all agricultural lands currently under revocable permits or under leases from the State that will expire prior to July 1, 2011;

(2) Determine the availability of farmlands with appropriate infrastructure;

(3) Determine the projected need for agricultural lands; and

(4) Determine the ability of the State to meet this projected need.

Technical, nonsubstantive amendments have also been made for the purpose of clarity.

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 H.B. No. 503, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 503, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

JAN YAGI BUEN, Chair

____________________________

EZRA KANOHO, Co-Chair

____________________________

LORRAINE R. INOUYE, Co-Chair

____________________________

FELIPE P. ABINSAY, JR.,

Co-Chair

____________________________

BOB NAKASONE, Co-Chair