STAND. COM. REP. NO. 836
Honolulu, Hawaii
, 2005
RE: H.B. No. 1639
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 1639, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL LIABILITY,"
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:
(1) Enters or remains on the farmer's agricultural land without permission; and
(2) Commits, or attempts to commit, theft of agricultural equipment, supplies, or commodities on the agricultural land;
except for damages or injuries resulting from the qualified farmer's gross negligence or wanton acts or omissions.
The Department of Agriculture, Hawaii Agriculture Research Center, Hawaii Crop Improvement Association, Hawaii Farm Bureau Federation, Maui County Farm Bureau, and five concerned individuals testified in support of this bill. Consumer Lawyers of Hawaii opposed this measure.
Your Committee has amended this bill by:
(1) Changing the effective date to July 1, 2020, for the purpose of continuing discussion; and
(2) Making technical, nonsubstantive amendments 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. 1639, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1639, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
____________________________ SYLVIA LUKE, Chair |
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