STAND. COM. REP. NO. 836

Honolulu, Hawaii

, 2005

RE: H.B. No. 1639

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1639, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to protect qualified farmers by exempting them from civil liability for injuries and damages suffered by any person on a qualified farmer's agricultural land who:

(1) Enters or remains on the farmer's agricultural land without permission; and

(2) Commits, or attempts to commit, theft of agricultural equipment, supplies, or commodities on the agricultural land;

except for damages or injuries resulting from the qualified farmer's gross negligence or wanton acts or omissions.

The Department of Agriculture, Hawaii Agriculture Research Center, Hawaii Crop Improvement Association, Hawaii Farm Bureau Federation, Maui County Farm Bureau, and five concerned individuals testified in support of this bill. Consumer Lawyers of Hawaii opposed this measure.

Your Committee has amended this bill by:

(1) Changing the effective date to July 1, 2020, for the purpose of continuing discussion; and

(2) Making technical, nonsubstantive amendments for style and clarity.

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 H.B. No. 1639, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1639, H.D. 2.

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

 

____________________________

SYLVIA LUKE, Chair