HOUSE OF REPRESENTATIVES	H.B. NO.	2860
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 663-10.99, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For purposes of this section, unless the context otherwise requires:

     "Agricultural land" means [any]:

(1) Any land in excess of four acres used primarily for a farming operation, as defined in section 165-2 [; provided that the term shall include], including land used for farm buildings [and], dwellings, [and] roads, and irrigation infrastructure associated with the agricultural land[.]; or

(2) Any land under or equal to four acres used primarily for a farming operation, as defined in section 165-2, that produces a demonstrated annual taxable revenue in excess of $100,000 from farming operations, including land used for farm buildings, roads, and irrigation infrastructure associated with the agricultural land.

     "Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.

     "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.

     "Trespasser" means a person who enters or remains unlawfully on [the] agricultural land without the permission of the owner [, and], where the lands:

     (1)  Are fenced, enclosed, secured in a manner designed to exclude the general public, or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle used to secure livestock;

     (2)  Have a sign or signs displayed on the land that are sufficient to give reasonable notice and that read [as follows]: "No Trespassing" or a substantially similar message; provided that the sign or signs shall consist of letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

     (3)  At the time of entry, are fallow or have a visible presence or evidence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:

         (A)  Under cultivation;

         (B)  In the process of being harvested; or

         (C)  That has been harvested."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Agricultural Land; Definition

Description:

Expands the definition of "agricultural land" to include properties under or equal to four acres that are used primarily for farming operations that produce an annual taxable revenue in excess of $100,000.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.