STAND

STAND. COM. REP. NO. 1142-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2246

S.D. 1

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Agriculture and Water, Land Use, and Hawaiian Affairs, to which was referred S.B. No. 2246, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

beg leave to report as follows:

The purpose of this bill is to exempt leases, utility easements, and access easements from the prohibition of private restrictions on agricultural uses and activities within state agricultural districts.

The Department of Agriculture, Department of Land and Natural Resources, Hawaii Farm Bureau Federation, Kamehameha Schools, Hawaiian Electric Company, Inc., Verizon Hawaii, and Puna-Hawaii King Papaya Cooperative submitted testimony in support of this measure. The Land Use Research Foundation of Hawaii supported this measure with amendments.

Your Committees have amended this bill by:

(1) Specifying that agricultural leases are exempt from the prohibition of private restrictions on agricultural uses and activities within state agricultural districts;

(2) Adding a definition of "agricultural leases"; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Agriculture and Water, Land Use, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2246, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2246, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Water, Land Use, and Hawaiian Affairs,

____________________________ EZRA R. KANOHO, Chair		____________________________ FELIPE P. ABINSAY, JR., Chair