STAND. COM. REP. NO. 2492

                                   Honolulu, Hawaii
                                                     , 2000

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




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
3194, S.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 prohibit farming operations
from being declared a nuisance for any reason if the farming
operations are conducted in a manner consistent with generally
accepted agricultural and management practices.

     In addition, this bill:

     (1)  Defines the term "generally accepted agricultural and
          management practices" as those practices defined by the
          board of agriculture;

     (2)  Expands the definition of "farming operation" to
          include silviculture (i.e., the cultivation of forest
          and shade trees) and plant and animal production for
          nonfood uses;

     (3)  Repeals the definition of "established date of
          operation", which is obsolete;

     (4)  Repeals the requirement for proof that:


 
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          (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;

          in order to raise an affirmative defense against a
          nuisance complaint;

     (5)  Requires proof that a farming operation had been
          conducted in a manner consistent with "generally
          accepted agricultural and management practices" in
          order to raise an affirmative defense against a
          nuisance complaint; and

     (6)  Allows a court to award attorneys' fees and costs to a
          defendant, based on frivolous nuisance claims, even
          though the party seeking money damages or injunctive
          relief, or both, in relation to an agricultural
          operation, withdrew the frivolous nuisance claims
          within a reasonable length of time.

     Your Committee finds that this bill will give more authority
to the "Hawaii Right to Farm Act" (chapter 165, Hawaii Revised
Statutes), which has heretofore been ineffectual in preventing
the premature removal of lands from agricultural use and
encouraging future investments in agriculture because of nuisance
complaints and frivolous claims against farmers.

     Your Committee has amended this bill by making technical
nonsubstantive changes for purposes of clarity, consistency, and
style.

     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 S.B. No.
3194, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 3194, S.D.
2.


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair


 
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