Bill Text: HI SB381 | 2019 | Regular Session | Amended


Bill Title: Relating To Agricultural Lands.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Enrolled) 2019-05-06 - Enrolled to Governor. [SB381 Detail]

Download: Hawaii-2019-SB381-Amended.html

THE SENATE

S.B. NO.

381

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

H.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURAL LANDS.

 

 

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

 


     SECTION 1.  The office of planning, in consultation with the land use commission, the real estate commission, and the department of planning and permitting of the city and county of Honolulu shall study the land subdivision and condominium property regime laws as they relate to agricultural land on Oahu and how these laws interact with city and county of Honolulu zoning ordinances, to:

     (1)  Determine whether they contain potential ambiguities, omissions, or other deficiencies through which a landowner might develop land contrary to the legislative intent of those laws; and

     (2)  Propose legislation to remedy any deficiencies found.

     SECTION 2.  In conducting its research for the study required in section 1, the office of planning shall conduct a public hearing to gather information from the general public.

     SECTION 3.  The office of planning shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the regular session of 2021.

     SECTION 4.  Section 514B-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§514B-6[]]  Supplemental county rules governing a condominium property regime.  [Whenever any county deems it proper, the county may] No later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes, established under this chapter in order to implement this program; provided that any of the supplemental rules adopted shall not conflict with this chapter or with any of the rules adopted by the commission to implement this chapter."

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 



 

Report Title:

Condominium Property Regimes; Agricultural Land; Study; County Supplemental Rules

 

Description:

Directs the Office of Planning, Land Use Commission, Real Estate Commission, and Honolulu Department of Planning and Permitting to study land subdivision and condominium property regime laws related to agricultural land and report findings and recommendations to the Legislature.  Requires the counties to adopt supplemental rules on condominium property regimes, including those that involve agricultural lands.  (CD1)

 

 

 

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

 

 

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