STAND. COM. REP. NO. 551-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1923

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Water & Land and Agriculture & Food Systems, to which was referred H.B. No. 1923 entitled:

"A BILL FOR AN ACT RELATING TO CAMPS,"

beg leave to report as follows:

The purpose of this measure is to repeal the prohibition on overnight camps in agricultural districts in order to allow overnight camps to be regulated via the special permit process.

Your Committees received testimony in support of this measure from the Boy Scouts of America, Aloha Council; Camp Olowalu; Maui Surfer Girls, Inc.; and two individuals. Your Committees received testimony in opposition to this measure from the Hawaiʻi Farm Bureau and two individuals. Your Committees received comments on this measure from the Department of Agriculture and Office of Planning and Sustainable Development.

Your Committees find that this measure is under consideration in response to a March 2023 ruling by the Hawaii Supreme Court that the specific exclusion of overnight camps from the list of permitted uses in agricultural districts means that special permits cannot be issued for overnight camps in agricultural districts. Your Committees further find that this ruling reverses a prior Hawaii Supreme Court opinion that allowed for uses, such as overnight camps, to be approved via special permits if they were deemed to be an "unusual and reasonable" use in the agricultural district.

Your Committees have amended this measure by:

(1) Retaining the existing prohibition on overnight camps in agricultural districts but allowing overnight camps in operation prior to January 1, 1961, to be approved by special permit;

(2) Changing its effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Water & Land and Agriculture & Food Systems that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1923, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1923, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Agriculture & Food Systems,

____________________________ CEDRIC ASUEGA GATES, Chair

____________________________ LINDA ICHIYAMA, Chair