STAND. COM. REP. NO. 3227

Honolulu, Hawaii

RE: S.C.R. No. 56

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.C.R. No. 56 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE COUNTIES TO ADOPT SUPPLEMENTAL RULES PURSUANT TO SECTION 514B-6, HAWAII REVISED STATUTES, TO ENSURE THE CONFORMANCE OF CONDOMINIUM PROPERTY REGIMES TO THE PURPOSES AND PROVISIONS OF COUNTY ZONING AND DEVELOPMENT ORDINANCES,"

begs leave to report as follows:

The purpose and intent of this measure is to urge each of the county councils to adopt supplemental rules pursuant to section 514B-6, Hawaii Revised Statutes, to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, Hawaii Revised Statutes, including section 205-4.6, Hawaii Revised Statutes, where applicable.

Your Committee received comments on this measure from the Department of Agriculture.

Your Committee finds that expanded development of agricultural lands through the existing condominium property regime process inhibits a county's ability to plan, regulate, and enforce its agricultural plans, goals, and infrastructure services. Your Committee also finds that section 205-4.5(f), Hawaii Revised Statutes, specifically allows agricultural land developers to bypass county subdivision requirements under certain conditions, which can promote the condominium property regime process over the county subdivision process. Your Committee further finds that the counties should adopt supplemental rules to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances.

Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 56, as amended herein, and recommends that it be referred to your Committee on Commerce, Consumer Protection, and Health, in the form attached hereto as S.C.R. No. 56, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

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CLARENCE K. NISHIHARA, Chair