HOUSE OF REPRESENTATIVES

H.B. NO.

2035

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to non-agricultural park lands.

 

 

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

 


SECTION 1. Act 90, Session Laws of Hawaii 2003, was enacted and codified as chapter 166E, Hawaii Revised Statutes, to transfer certain non-agricultural park lands from the department of land and natural resources to the department of agriculture. The legislature finds that many lessees, primarily farmers and ranchers, with large acreage of land have already been notified by the department of agriculture that their land leases were to be transferred to and managed by the department of agriculture. However, nearly seventeen years later, the department of land and natural resources has not yet transferred the land.

The purpose of this Act is to:

(1) Set a deadline for the transfer of certain non-agricultural park lands from the department of land and natural resources to the department of agriculture pursuant to Act 90, Session Laws of Hawaii 2003; and

(2) Clarify that the care and production of pasture land constitutes an "agricultural activity" for purposes of chapter 166E, Hawaii Revised Statutes.

SECTION 2. Chapter 166E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"166E-    Transfer to department of agriculture; deadline. (a) Any provision of this chapter to the contrary notwithstanding, the department of land and natural resources shall transfer lands to the department by June 30, 2020, as provided in subsection (b).

(b) Any provision of this chapter to the contrary notwithstanding, any lands identified and approved for unconditional transfer as non-agricultural park lands that have not been transferred by June 30, 2020, shall be placed under the jurisdiction of the department by July 1, 2020. The department of land and natural resources shall be responsible for all leases and agreements that are not in compliance with section 166E-3. The department shall assume responsibility for compliant leases and agreements and shall negotiate future leases and agreements by July 1, 2020."

SECTION 3. Section 166E-2, Hawaii Revised Statutes, is amended by amending the definition of "agricultural activities" to read as follows:

""Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees. As used in this definition, the care and production of livestock or livestock products includes the care and production of pasture land."

SECTION 4. The department of land and natural resources and department of agriculture shall jointly submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2021, on their efforts to effectuate the land transfer as provided in section 2 of this Act, including a list of all identified land transfers.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Non-agricultural Park Lands; DLNR; DOA; Transfer; Deadline; Report; Agricultural Activities

 

Description:

Requires DLNR to transfer to DOA specified non-agricultural park lands by a specified deadline. Requires DLNR and DOA to jointly report on the status of the land transfer. Amends the definition of "agricultural activities" used in chapter 166E, HRS.

 

 

 

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