Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 552, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to encourage landowners' to allow persons onto their property by limiting landowner liability for invasive species control and eradication programs.

Your Committee received testimony in support of this measure from the Maui Invasive Species Committee, The Nature Conservancy of Hawaii, the Board of Land and Natural Resources, the Board of Agriculture, the Coordinating Group on Alien Pest Species, Pineapple Growers Association of Hawaii, and Na Leo Pohai. The Consumer Lawyers of Hawaii provided comments on the bill.

Your Committee finds that Island Invasive Species committees (IISC) have been formed on Oahu, Maui, Kauai, Hawaii, Molokai, and Lanai to conduct control and eradication programs against a number of non-native invasive species in our islands. IISC are voluntary partnerships between government, private, and non-profit organizations, and interested individuals. IISC coordinate management efforts to eradicate plants and animals that threaten native ecosystems, watersheds, and the economy if not controlled.

Your Committee further finds that sometimes IISC programs are hindered by landowners who fear liability for IISC personnel injuries occurring on landowner property. This bill protects landowners from IISC personnel lawsuits occurring on landowner property when IISC personnel are on the property for IISC purposes.

Your Committee amended the bill as recommended by the Consumer Lawyers of Hawaii, by removing IISC related landowner liability from chapter 520, Hawaii Revised Statutes, placing it in newly created chapter 520A, and including a section that sets forth the purpose of the chapter.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 552, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 552, S.D. 2.