STAND. COM. REP. NO. 181

Honolulu, Hawaii

, 2005

RE: S.B. No. 1898

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1898 entitled:

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

begs leave to report as follows:

The purpose of this measure is to exempt qualified farmers from liability when a person is injured while trespassing, committing, or attempting to commit theft on the farmer's agricultural land.

Testimony in support of this measure was submitted by the Department of Agriculture, County of Maui Office of Economic Development, Growing Creations, Hawaii Agriculture Research Center, Hawaii Cattlemen's Council, Hawaii Crop Improvement Association, Hawaii Farm Bureau, and Hawaii Marine Enterprises.

Your Committee finds that millions of dollars worth of goods and equipment have been stolen from agricultural lands over the years. In addition to the cost of replacing the stolen items, farmers also face the additional burden of liability for trespassers who are injured on their land. This measure exempts qualified farmers from civil liability when trespassers are injured on agricultural lands.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1898 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 Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair