Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 1639, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to protect qualified farmers from liability when a person who trespasses and commits, or attempts to commit, theft on the farmer's agricultural land is injured.

The Department of Agriculture, the Big Island Farm Bureau, the Hawaii Aquaculture Association, Hawaii Agriculture Research Center, the Hawaii Crop Improvement Association, the Hawaii Farm Bureau, the Maui County Farm Bureau, the Maui Land and Pineapple Company, Inc., Pineapple Growers Association of Hawaii, and Quality Turfgrass submitted testimony in support of this measure. The Consumer Lawyers of Hawaii submitted testimony in opposition to this measure.

Theft and trespassing on agricultural lands are growing problems for Hawaii's farmers. In addition to the loss of stolen commodities and the cost of replacing stolen equipment, farmers also face the burden of liability if a trespasser is injured while on the farmer's property. This measure provides an exemption for qualified farmers from civil liability when a person enters or remains on the farmer's agricultural land without permission, commits, or attempts to commit, theft of agricultural equipment, supplies, or commodities on the agricultural land, and is injured.

Your Committee has amended this measure by inserting an effective date of July 1, 2050 to facilitate further discussion on this measure.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1639, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1639, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.