Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 737, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to:

Your Committee received testimony in support of this measure from the Hawaii Audubon Society, the Hanalei Heritage River Program, and the Sierra Club, Hawaii Chapter. The Hawaii Agriculture Research Center, the Hawaii Farm Bureau, the Hawaii Leeward Planning Conference, the City and County of Honolulu Department of Environmental Services, the City and County of Honolulu Board of Water Supply, and the Land Use Research Foundation of Hawaii submitted testimony in opposition to this measure. The Department of Health commented on this bill.

Your Committee finds that this measure will promote protection of Hawaii's environmental quality.

Your Committee has amended this measure by limiting fines imposed on violations that occur as a result of agricultural activity on small income-producing farms. In creating this narrow exception, your Committee seeks to protect the interests of the legitimate, small-scale produce farmer. Your Committee does not intend this exception to benefit a house or golf course in a residential development masquerading as an "agricultural" subdivision, for example.

Your Committee has also made technical, nonsubstantive changes for style and clarity.

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 H.B. No. 737, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 737, H.D. 2.