Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 45 entitled:

begs leave to report as follows:

The purpose of this measure is to include silvicultural in the definition of farming and provide that a farming operation that substantially complies with pertinent statutes, ordinances, rules, and regulations shall not be declared a nuisance.

Your Committee received testimony in favor of this measure from the Department of Agriculture, Hawaii Farm Bureau Federation, Maui County Farm Bureau, Hawaii Agriculture Research Center, and Hawai'i Forest Industry Association.

Your Committee finds that farming is an honorable profession and way of life. Current law unfairly shifts the burden on the farmer to prove his farming operation is not a nuisance. Your Committee believes that persons claiming that a farming operation is a nuisance should have the higher burden to prove their claim. Your Committee has amended this measure by:

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. 45, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 45, S.D. 1, and be referred to the Committee on Judiciary.