STAND. COM. REP. NO. 895-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 3194
                                     S.D. 2
                                     H.D. 1




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

Sir:

     Your Committee on Agriculture, to which was referred S.B.
No. 3194, S.D. 2, 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 by among other things:

     (1)  Prohibiting a farming operation from being declared a
          nuisance for any reason if the farming operation has
          been conducted in a manner consistent with generally
          accepted agricultural and management practices;

     (2)  Specifying that such a farming operation shall be
          presumed to be reasonable and shall not be found to
          constitute a nuisance;

     (3)  Excluding farming operations conducted in a manner
          consistent with generally accepted agricultural and
          management practices from situations when a farming
          operation may be declared a nuisance;

     (4)  Defining "generally accepted agricultural and
          management practices";


 
 
 
 
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     (5)  Expanding the definition of "farming operation" to
          include silviculture and plant and animal production
          for nonfood uses;

     (6)  Repealing the definition of "established date of
          operation";

     (7)  Repealing the requirement for proof that:

          (a)  A farming operation complied with statutes,
               ordinances, regulations, or rules relevant to a
               nuisance complaint during the twelve-month period
               preceding the filing of the complaint; and

          (b)  A farming operation had used reasonable care in
               conducting its operation;

     (8)  Repealing the provision that nuisance actions found to
          be frivolous by the court in which a farming operation
          is alleged to be a nuisance, to be governed by section
          607-14.5, Hawaii Revised Statutes, relating to
          attorneys' fees and costs in civil actions; and

     (9)  Authorizing the court to award costs of court,
          reasonable attorney fees, and any other related costs
          to the defendant if the court determines that any
          action alleging that an agricultural operation is a
          nuisance is frivolous.

     The Hawaii Forestry Industry Association, Big Island Farm
Bureau, Pineapple Growers Association of Hawaii, Hawaii's
Thousand Friends, Waialua Farmers, and Hawaii Egg Producers
Cooperatives testified in support of the measure.  The Department
of Agriculture, Hawaii Cattlemen's Council, and Hawaii Farm
Bureau Federation testified in support of the measure with
amendments.  The Hawaii Agriculture Research Center and GARST
testified in support of the intent of the measure with amendments
also.

     Your Committee has amended this bill by:

     (1)  Deleting the definition of "generally accepted
          agricultural and management practices";

     (2)  Requiring, rather than authorizing, the court to award
          costs of court, reasonable attorney fees, and any other
          related costs to the defendant if the court determines
          that any action alleging that an agricultural operation
          is a nuisance is frivolous;

 
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                                 Page 3

 
     (3)  Deleting conditions when a farming operation may be
          declared a nuisance; and

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

     As affirmed by the record of votes of the members of your
Committee on Agriculture that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
3194, S.D. 2, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 3194, S.D.
2, H.D. 1, and be referred to the Committee on Judiciary and
Hawaiian Affairs.

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



                                   ______________________________
                                   FELIPE P. ABINSAY, JR., Chair