STAND. COM. REP. NO. 2912

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2999
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Economic Development, to which was
referred H.B. No. 2999, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to make clarifying revisions
to the definitions to the Right to Farm Act, chapter 165, Hawaii
Revised Statutes to strengthen the State's policy statement in
support of agricultural operations.  The measure also adds
silviculture to the definition of farming operation.

     Your Committee received testimony in support of this measure
from the Department of Agriculture, Hawaii Farm Bureau, Big
Island Farm Bureau, Maui County Farm Bureau, Hawaii Cattlemen's
Council, Inc., Hawaii Egg Producers Cooperative, Pineapple
Growers Association of Hawaii, Waialua Farmers Cooperative,
GARST, Hawaii's Thousand Friends, and a private individual.
Informational testimony was received from the College of Tropical
Agriculture and Human Resources, University of Hawaii at Manoa,
and Hawaii Agricultural Research Center.

     Your Committee finds that the purpose of right to farm laws
is to ensure viability of farming operations by reducing the
economic risks and liabilities of farmers when agricultural
activities and urban lifestyles come into conflict.  With the
steady growth of diversified agriculture in Hawaii, there is a
shift to smaller farm operations which are vulnerable to legal

 
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                                   STAND. COM. REP. NO. 2912
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actions due to their limited resources.  Your Committee agrees
that a strong policy statement is necessary to protect these
farms.

     Your Committee has amended this measure by:

     (1)  Providing that no farming operation shall be considered
          a nuisance if it is conducted in a manner consistent
          with generally accepted agricultural and management
          practices;

     (2)  Requiring a court to award court costs and reasonable
          attorney fees to defendants for frivolous lawsuits
          alleging nuisance; and

     (3)  Renumbering the sections of the measure.

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

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Economic
                                   Development,



                                   ______________________________
                                   LORRAINE R. INOUYE, Chair

 
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