Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred H.B. No. 1639 entitled:

begs leave to report as follows:

The purpose of this bill is to protect qualified farmers by exempting them from civil liability for injuries and damages suffered by any person on a qualified farmer's agricultural land who:

except for damages or injuries resulting from the qualified farmer's gross negligence or wanton acts or omissions.

The Department of Agriculture, Hawaii Farm Bureau Federation, Growing Creations, LLC, Hawaii Cattlemen's Council, Hawaii Agriculture Research Center, Hawaii Crop Improvement Association, Maui County Farm Bureau, and two concerned citizens supported this bill. Consumer Lawyers of Hawaii opposed this measure.

Your Committee notes that concerns were raised by DOA regarding this bill's impact on state and federal officials and personnel who enter agricultural lands to conduct official business pursuant to law, such as plant and animal health and food safety under state and federal regulations, including the Federal Meat, Poultry and Egg Products Inspection Acts under U.S.C. Title 21. It is the intent of your Committee that such officials and personnel are not subject to the provisions of this measure as long as they enter the property for a lawful purpose and conduct activities within the scope of their legal authority.

Your Committee has amended this measure by:

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