STAND. COM. REP. NO.1033

Honolulu, Hawaii

, 2001

RE: S.B. No. 45

S.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 45, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FARMING,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Amend the definition of farming operation to include silviculture; and

(2) Permit a finding that farming operations are not nuisances so long as they comply with generally accepted agricultural management practices; and

(3) Establish a rebuttable presumption that a farming operation does not constitute a nuisance.

The Department of Agriculture, Pineapple Growers Association of Hawaii, Hawaii Farm Bureau Federation, Hawaiian Fresh Egg Farm, Hawaii Agriculture Research Center, Forest Industry Association, and Hawaii Egg Producers Cooperative testified in support of this bill. Maui County Farm Bureau, Big Island Farm Bureau, and Hawaii's Thousand Friends submitted comments on this bill.

 

 

 

Your Committee finds that the continuing intrusion of urban development into areas previously used for farming and ranching have caused farmers and ranchers undue hardships from frivolous nuisance complaints which threaten their productivity, and overall growth and survival of Hawaii's agriculture industry. This bill will implement a strong policy upon which farming operations can thrive.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 45, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

FELIPE P. ABINSAY, Chair