| 47 | | - | SECTION 1. Section 163D-2, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Agricultural tourism" means commercial activity conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that: (1) The agricultural tourism activity is accessory and secondary to the principal agricultural use, which shall constitute at least seventy-five per cent of the total farming activity; and (2) Agricultural tourism shall not interfere with farm operations of adjacent or surrounding farms." 2. By amending the definition of "enterprise" to read: ""Enterprise" means a business with its principal place of business in Hawaii[, which] that is, or proposes to be, engaged in agricultural crop development, development of new value-added products, enhancement of existing agricultural commodities, and the application of existing agricultural appurtenant facilities to productive uses; provided that [the]: (1) The majority of whatever the corporation produces shall be produced for export[.]; and (2) Agricultural tourism activities shall not exceed twenty-five per cent of the total farming operation, with at least seventy-five per cent dedicated to active crop production or livestock farming. "Enterprise" includes a business engaged in agricultural tourism." SECTION 2. All rights, powers, functions, and duties of the agricultural development division of the department of agriculture are transferred to the agribusiness development corporation. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the agricultural development division of the department of agriculture of by this Act shall remain in full force and effect until amended or repealed by the agribusiness development corporation pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of agriculture or chairperson of the board of agriculture in those rules, policies, procedures, guidelines, and other material is amended to refer to the agribusiness development corporation or executive director of the agribusiness development corporation, as appropriate. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the agricultural development division of the department of agriculture, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the agricultural development division of the department of agriculture by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of agriculture or the chairperson of the board of agriculture therein shall be construed as a reference to the agribusiness development corporation or the executive director of the agribusiness development corporation, as appropriate. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the agricultural development division of the department of agriculture relating to the functions transferred to the agribusiness development corporation shall be transferred with the functions to which they relate. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act. No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed. If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. Section 163D-2, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Agricultural tourism" means commercial activity conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations." 2. By amending the definition of "enterprise" to read: ""Enterprise" means a business with its principal place of business in Hawaii[, which] that is, or proposes to be, engaged in agricultural crop development, development of new value-added products, enhancement of existing agricultural commodities, and the application of existing agricultural appurtenant facilities to productive uses; provided that the majority of whatever the corporation produces shall be produced for export. "Enterprise" includes a business engaged in agricultural tourism." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 3000. |
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