Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Energy and Environment, to which was referred H.B. No. 193, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to encourage landowners to allow land and water access to personnel and volunteers of invasive species control and eradication programs by limiting landowners' liability for persons entering their property for these control and eradication purposes.

Testimony supporting this measure was submitted by the Board of Land and Natural Resources, Sierra Club Hawaii Chapter, Consumer Lawyers of Hawaii, The Nature Conservancy of Hawaii, and Maui Invasive Species Committee. The Board of Agriculture submitted comments on this measure.

Your Committee finds that the ability of Invasive Species Committees throughout the islands to implement effective control and eradication programs against pests such as salvinia molesta, miconia, the coqui frog, or the new veiled chameleon, are often hindered by a landowner's reluctance to allow access onto their property because of the landowner's fear of liability for injuries sustained on his or her property.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 193, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 193, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.