STAND. COM. REP. NO. 796-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2999
                                     H.D. 2




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 2999, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE RIGHT TO FARM,"

begs leave to report as follows:

     The purpose of this bill is to enhance the Hawaii Right to
Farm Act.

     Testimony in support of this bill was provided by the Big
Island Farm Bureau, Garst Seed Company, the Hawaii Agriculture
Research Center, the Hawaii Cattlemen's Council, Inc., the Hawaii
Egg Producers Cooperative, the Hawaii Farm Bureau Federation, the
Hawai`i Forest Industry Association, Hawaii's Thousand Friends,
the Maui County Farm Bureau, the Pineapple Growers Association of
Hawaii, the Waialua Farmers Cooperative, and an interested
citizen.  The Department of Agriculture testified in support of
the intent of this bill, with reservations.
     
     Your Committee finds that the farming community warrants
protection from frivolous civil actions based on allegations that
farming operations constitute a nuisance, especially in light of
the encroachment of residential and commercial development into
areas previously restricted to agricultural use.

     Your Committee has amended HD1 of this bill as follows:
 

 
 
 
                                 STAND. COM. REP. NO. 796-00
                                 Page 2

 
     First, your Committee decided to retain the portion of
existing section 165-4, HRS, which specifies conditions under
which a farming operation may be declared a nuisance.  One of two
conditions required to shield a farming operation from being
declared a nuisance under section 165-4(a)(1) is compliance with
relevant statutes, ordinances, and regulations during the twelve
month period preceding the filing of the nuisance complaint.  It
is the understanding of your Committee that relatively minor
violations may exclude farmers from the benefits of this
provision, despite good faith efforts overall.  Thus, your
Committee inserted "substantial" before the word "compliance."

     Second, the provision charging the Board of Agriculture with
responsibility for defining "generally accepted agricultural and
management practices" was deleted at the urging of several
entities who testified in favor of this bill.  Accordingly, your
Committee deleted the presumption that farming operations
conducted in accordance with generally accepted practices are
reasonable.  
  
     Third, your Committee deleted Section 3 of HD 1, which would
modify section 165-5, HRS, frivolous lawsuits.  It is the
understanding of your Committee that section 607-14.5, HRS, to
which section 165-5 refers, adequately addresses the court's
ability to award a defendant reasonable attorney fees and costs,
and adequately deters frivolous lawsuits.

     Additionally, technical, nonsubstantive amendments were made
to conform to drafting style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 2999, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 2999, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair