STAND. COM. REP. NO. 679

Honolulu, Hawaii

, 2001

RE: S.B. No. 45

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, 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 measure is to amend the definition of "farming operation" to include silviculture, provide that a farming operation is not a nuisance if it complies with generally accepted agricultural and management practices. The measure also establishes a rebuttable presumption that a farming operation is not a nuisance.

Your Committee received testimony in favor of this measure from Hawaii Farm Bureau Federation, Hawaii Forest Industry Association, Hawaii Agriculture Research Center, Big Island Farm Bureau, Maui County Farm Bureau, and Hawaii's Thousand Friends.

Your Committee finds that silviculture is recognized as an established form of agriculture by such national entities as the U.S. Department of Agriculture and the Farm Bureau Federation. Tree farms deserve the same attention and protection as farms for other crops.

Your Committee further finds that continued expansion of rural residential land uses into traditionally agricultural areas makes friction between farming and non-farming activities increasingly likely. Tree farms and other agriculturists have a right to continue their operations if they are conducted in a responsible manner.

As affirmed by the record of votes of the members of your Committee on Judiciary 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 Third Reading.

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

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BRIAN KANNO, Chair