Hawaii Senate Bill SCR24

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

If enacted, SCR24 could significantly influence state agricultural laws by attempting to establish preferential regulations for local farmers. It aims to address the economic disparities that small farms in Hawaii face due to the prohibitions posed by the Commerce Clause against local legislation that may favor state producers over those from other states. This resolution underscores the potential for an exemption to help revitalize small-scale farming in Hawaii, which is primarily made up of small farms averaging sixteen acres or less.

Summary

SCR24 seeks to urge the State of Hawaii to pursue an exemption to the Commerce Clause of the United States Constitution specifically for agricultural produce grown or raised within the state. The resolution emphasizes the dire state of food security in Hawaii, where over eighty-five percent of food is imported, making the islands highly vulnerable to supply disruptions exacerbated by climate change and high transportation costs. The bill highlights significant challenges faced by local farmers, such as inflated land leasing costs and the overall high cost of living, making it difficult for them to compete with agricultural producers from the continental United States.

Contention

One notable point of contention is the balance between the need for local agricultural support and potential conflicts with interstate commerce laws. Critics of state-level exemptions argue that such moves could spiral into a series of legal challenges, potentially undermining the principles of free trade as dictated by the Constitution. Furthermore, the resolution raises questions about the fairness of favoring local agricultural businesses over those from other states, which could lead to perceptions of discrimination in commerce. The ongoing debate may also reflect broader discussions about the role of small farms in the face of large corporate agricultural interests.