CONFERENCE COMMITTEE REP. NO.85-06
Honolulu, Hawaii
, 2006
RE: H.B. No. 2146
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2006
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. 2146, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
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 support and encourage diversified agriculture by permitting the leasing of a portion of an agricultural parcel for agricultural uses and activities without
being subject to any county subdivision standards. Specifically, this measure provides that a subdivided agricultural lot is:
(1) Exempt from all county subdivision standards, provided:
(A) It is located within state agricultural districts;
(B) There are no temporary or permanent dwellings constructed on the lot; and
(C) The principal use for the land is agricultural;
(2) Considered a legal lot of record;
(3) Required to be leased for a minimum of ten years; and
(4) Automatically reconsolidated to the original lot of record upon the expiration or termination of the lease.
Upon careful consideration, your Committee on Conference has amended this bill by:
(1) Removing the provision automatically reconsolidating the agricultural subdivision to the original lot of record upon expiration or termination of the lease;
(2) Changing the minimum time period for agricultural subdivision lease lots from ten or more years to the greater of:
(A) The minimum real property tax agricultural dedication period of the county in which the lot is located; or
(B) Five years;
(3) Clarifying that a subdivided lot is required to be treated as, instead of considered as, legal lots of record for mortgage lending purposes;
(4) Changing the effective date to July 1, 2006; and
(5) Making technical, nonsubstantive amendments for style, clarity, and consistency.
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. 2146, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2146, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ RUSSELL S. KOKUBUN, Chair |
________________________________ EZRA R. KANOHO, Co-Chair |
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____________________________ DAVID Y. IGE, Co-Chair |
________________________________ JERRY L. CHANG, Co-Chair |
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____________________________ J. KALANI ENGLISH, Co-Chair |
____________________________ SYLVIA LUKE, Co-Chair |