STAND. COM. REP. 981
Honolulu, Hawaii
, 2003
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection, to which was referred S.B. No. 552, S.D. 2, entitled:
beg leave to report as follows:
The purpose of this bill is to encourage landowners to make their property available to other persons to control or eradicate invasive species by limiting landowners' liability toward such persons who have entered the property for such purposes.
The Department of Land and Natural Resources, Department of Agriculture, Pineapple Growers Association of Hawaii, Maui Invasive Species Committee, and Na Leo Pohai - Public Policy Affiliate of The Outdoor Circle testified in support of this bill. The Nature Conservancy of Hawaii and Consumer Lawyers of Hawaii supported this measure with amendments.
Your Committees have amended this bill by:
(1) Removing the term "volunteer";
(2) Entitling chapter 520A as "LANDOWNER'S LIABILITY FOR ACCESS TO CONTROL INVASIVE SPECIES";
(3) Excepting from the limited liability coverage, liability that would otherwise exist:
(A) For wilful or malicious failure to guard or warn against:
(i) A dangerous condition, use, or structure that the landowner knowingly creates or perpetuates; or
(ii) A dangerous activity that the landowner knowingly pursues or perpetuates; or
(B) For injury suffered in any case where the landowner charges the person who enters or goes on the land for the control or eradication of invasive species; provided that lease rent paid by the government to a landowner shall not be deemed a charge;
(4) Deleting the limited liability coverage of a landowner who is required by law to provide access through or across the owner's property to reach property used by volunteers as part of a habitat conservation plan or safe harbor agreement; and
(5) Making technical, nonsubstantive amendments for purposes of clarity, style, and conformity.
As affirmed by the records of votes of the members of your Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 552, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 552, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection,
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HERMINA M. MORITA, Chair |
EZRA R. KANOHO, Chair |
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