CONFERENCE COMMITTEE REP. 82

Honolulu, Hawaii

, 2003

RE: S.B. No. 1505

S.D. 1

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1505, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to establish the Hawaii Invasive Species Council in session law for the temporary and special purpose of coordinating and improving invasive species control and eradication efforts throughout the State.

Your Committee has fully recognized and addressed each of the concerns presented by the Attorney General in a letter addressed to your Committee on Conference, dated April 21, 2003, by making the following amendments:

(1) Inserting July 1, 2008, as the sunset date for the Council;

(2) Clarifying the special purpose of the invasive species council;

(3) Designating invasive species control efforts by particular function rather than by species throughout the measure;

(4) Clarifying that the Department of Agriculture's weed risk assessment protocol shall be incorporated and expanded upon rather than duplicated or overrun by the council;

(5) Deleting the invasive species administrator position;

(6) Authorizing the issuance of a warrant when a private property owner refuses entry after receiving notice of intent to control or eradicate an invasive species on his or her property; and

(7) Clarifying that the warrant should be issued to direct the police officer to assist the department or its agent in gaining entry to the property and executing control and eradication measures.

Further, your Committee notes that the Hawaii Invasive Species Council proposed in this measure is like other councils/commissions that are similarly temporary, for a special purpose, and administratively attached to the Office of the Governor the Council/Commission have previously passed legal muster and continue to exist.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1505, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1505, S.D. 1, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

HERMINA M. MORITA, Co-Chair

____________________________

J. KALANI ENGLISH, Chair

____________________________

FELIPE ABINSAY, JR., Co-Chair

____________________________

RUSSELL KOKUBUN, Co-Chair

____________________________

JON RIKI KARAMATSU, Co-Chair