Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Agriculture and Energy and Environmental Protection, to which was referred S.B. No. 2477, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this bill is to help protect Hawaii's natural environment by authorizing the Department of Agriculture (DOA) to restrict entry into the State of any items originating from Guam that have not been certified as having been inspected by the Animal and Plant Health Inspection Service-Wildlife Services of the U.S. Department of Agriculture or other approved agency prior to departure from Guam.

DOA, the Nature Conservancy of Hawaii, Sierra Club Hawaii Chapter, and Hawaii Audubon Society supported this bill. Matson Navigation Company and Horizon Lines, LLC, supported the intent of this measure.

Your Committees note the severe threat that the brown tree snake (BTS) poses not only to Hawaii's environment and native species but also to the public health and safety of its residents. All reasonable and appropriate precautions must be taken to ensure that BTS does not become established in the State.

In addition, your Committees recognize that concerns were raised relating to this bill's possible violation of the Commerce Clause, article I, section 8, clause 3, of the United States Constitution. However, the health and safety of Hawaii's residents and the protection of its environment outweigh the burden on interstate commerce implicated by this bill.

Your Committees have amended this bill by:

As affirmed by the records of votes of the members of your Committees on Agriculture 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. 2477, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2477, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.