STAND. COM. REP. NO.71-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2018
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committees on Water and Land Use and Agriculture, to which was referred H.B. No. 2018 entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL LEASES,"
beg leave to report as follows:
The purpose of the bill is to allow tenants of state agricultural lands within five years of lease expiration to petition the Department of Land and Natural Resources (DLNR) to place an advertisement for auction to determine whether there are other persons interested in bidding for a lease on the property. If no one responds, DLNR shall negotiate a new lease with the existing tenant. The existing tenant, if outbid by another person, shall be compensated for the residual value of any improvements made by the tenant.
The Hawaii Farm Bureau and the Hawaii Leeward Planning Conference testified in support of the measure. The Board of Land and Natural Resources opposed the bill.
Your Committees have amended the bill by clarifying that:
(1) The existing lessee, if not the successful bidder, shall be compensated for the residual value of any improvements by the new tenant;
(2) The term of the negotiated lease shall not exceed the term length of the previous lease; and
(3) The procedure shall not apply should DLNR determine that the lease is not to be renewed or auctioned and the land used for a better public purpose.
Your Committees have also made technical, non-substantive amendments for purposes of clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Water and Land Use and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2018, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2018, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committees on Water and Land Use and Agriculture,
____________________________ FELIPE P. ABINSAY, Chair |
____________________________ EZRA KANOHO, Chair |
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