STAND. COM. REP. NO. 897-24

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 Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1923, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAMPS,"

begs leave to report as follows:

The purpose of this measure is to specify that overnight camps in operation prior to January 1, 1961, may be approved through the special permit process.

Your Committee received testimony in support of this measure from the Office of Planning and Sustainable Development; Rory Frampton Consulting Inc.; Maui Surfer Girls, Inc.; Boy Scouts of America, Aloha Council; and Girl Scouts of Hawaiʻi. Your Committee received comments on this measure from the Department of Agriculture.

Your Committee finds that the Hawaii Supreme Court, in Hoʻomoana Foundation v. Land Use Commission, 152 Haw. 337, 526 P.3d 314 (2023), held that uses explicitly excluded as a use on class A and B agricultural land could not be permitted through the special use permit process, overruling the Court's holding in Mahaʻulepu v. Land Use Commission, 71 Haw. 332, 790 P.2d 906 (1990). Your Committee further finds that on Maui there are two campgrounds whose permits will be expiring within the next two years. As a result of Hoʻomoana Foundation, these two campgrounds, and others who operate pursuant to special permit, would be required to obtain a district boundary amendment to change the land use classification from agricultural to urban, which is an onerous and expensive process. This measure allows these overnight campgrounds to continue to operate pursuant to a permit issued by the Land Use Commission through the special permit process.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1923, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair