Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 255, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to prevent private or public restrictions from being placed on agricultural lands, with the exception of restrictions intended to protect environmental and cultural resources.

The Kauai County Farm Bureau, Hawaii Agriculture Research Center, and two individuals submitted testimony supporting this measure. The Board of Agriculture, the Hawaii Farm Bureau Federation, and Life of the Land submitted testimony supporting the intent of this measure.

Your Committee finds that currently a covenant may restrict a farmer from growing anything beyond a certain height. This type of covenant is normally found only in housing subdivisions, and is overly restrictive to a bona fide farming operation in the agricultural district.

Your Committee has amended this measure by creating a new section in Chapter 205, Hawaii Revised Statutes, rather than amending subsection 205-4.5(b), Hawaii Revised Statutes. Additionally, the language of the new section has been reworded for the purposes of clarity.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 255, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 255, S.D. 2.