CONFERENCE COMMITTEE REP. NO. 47

Honolulu, Hawaii

                 , 2009

RE:    H.B. No. 1713

       H.D. 2

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1713, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HAZARDS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to alleviate hazardous situations on private property resulting from falling branches, unstable rock and soil conditions, and flooded streams and waterways.  This bill allows state employees to mitigate the hazardous situation after giving notice to the landowner and occupier of the private property  and providing them a reasonable opportunity to resolve the situation.

     Upon further consideration, your Committee on Conference has amended this bill by:

     (1)  Clarifying that one of the applicable actions involves the need to cut, trim, or remove dangerous trees or branches that pose a hazard to one or more other properties;

     (2)  Specifying that a ten days' notice also be provided to the occupier of the private property;

     (3)  Changing the effective date to July 1, 2009; and

     (4)  Making technical, nonsubstantive amendments for clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1713, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1713, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ WILL ESPERO, Chair	____________________________ JON RIKI KARAMATSU, Co-Chair
____________________________ BRIAN T. TANIGUCHI, Co-Chair	____________________________ FAYE HANOHANO, Co-Chair
____________________________ SHAN S. TSUTSUI, Co-Chair	____________________________ HENRY J. C. AQUINO, Co-Chair