STAND. COM. REP. 1426

Honolulu, Hawaii

, 2003

RE: S.B. No. 552

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 552, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LANDOWNERS' LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to limit landowners' liability toward persons entering their property to control or eradicate invasive species.

The Department of Agriculture, the Department of Land and Natural Resources, the Coordinating Group on Alien Pest Species and the Invasive Species Committees on Kauai, Oahu, Maui, Molokai, and Hawaii, the Nature Conservancy of Hawaii, and the Sierra Club, Hawaii Chapter, testified in support of this bill. The Nature Conservancy of Hawaii proposed amendments. The Consumer Lawyers of Hawaii submitted testimony in support of the measure except for several proposed changes.

Your Committee believes that this bill will enhance efforts to reduce problems caused by invasive pests.

Your Committee has amended this measure by:

(1) Changing cross-references contained in proposed new subsections 520A-3 (Duty of care of owner limited) and 520A-4 (Liability of owner limited) to refer to new subsection 520A-6 (Persons using land) to be consistent with existing provisions in Chapter 520, Hawaii Revised Statutes, upon which this measure is patterned; and

(2) Deleting as unnecessary proposed new subsections 520A-7 (Rights) and 520A-8 (Rules).

Although your Committee has amended the cross-references in subsections 520A-3 and 520A-4 to be consistent with Chapter 520A, future consideration may need to be given as to which cross-reference will effect the intent of this Act.

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. 552, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 552, S.D. 2, H.D. 2.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair