Hawaii Senate Bill SR19

Hawaii 2023 Regular Session

• Introduced: 2/13/23
• Refer: 3/9/23

Caption

Urging The State To Pursue An Exemption To The Commerce Clause Of The United States Constitution For Agricultural Produce Grown Or Raised In The State Of Hawaii.

Impact

The passage of SR19 could potentially reshape the landscape of agricultural practices within Hawaii by allowing local producers to operate under a different regulatory framework than that imposed by the Commerce Clause. This could reduce the competitive disadvantage faced by small local farms, which currently struggle to compete due to inflated operational costs. The resolution highlights the need for reform to address economic disparities that disproportionately affect small farms and farmers, which are prevalent throughout the state.

Summary

Senate Resolution 19 (SR19) urges the State of Hawaii to seek an exemption from the Commerce Clause of the United States Constitution specifically for agricultural produce grown or raised in Hawaii. This resolution stems from concerns surrounding Hawaii's food security, with more than eighty-five percent of its food being imported, making the state particularly vulnerable to disruptions in supply. Factors such as climate change and the Jones Act, which mandates the use of U.S.-flagged vessels for domestic shipping, have contributed to increased transportation costs and have created challenges for local farmers trying to compete against agricultural producers from the continental U.S.

Contention

One of the primary points of contention surrounding SR19 is its potential to challenge federal authority and the established interpretations of the Commerce Clause. Proponents argue that local agricultural produce should not be subjected to the same regulations that favor national corporate agriculture at the expense of small farms. However, opponents are likely to raise concerns about the implications of creating exemptions from federal law, including fears of protectionism and the potential for trade disputes. The resolution acknowledges a historical context where the needs of Hawaii's unique agricultural environment may have been overlooked in federal legislative discussions.