STAND. COM. REP. NO.  442

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 1106

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 1106 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY NUISANCE,"

begs leave to report as follows:

The purpose of this measure is to create a private right of action against any person maintaining a residentially zoned property that is found in violation of a state law, rule, or county ordinance, three or more times within three years, if such violation causes injury or damage to another person or another person's property.

Several individuals testified in support of this measure.

     Your Committee has amended this measure by:

     (1)  Reducing the length of time in which subsequent violations of a state law, rule, or county ordinance, gives rise to a cause of action from three years to eighteen months; and

     (2)  Changing its effective date to July 1, 2020, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1106, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1106, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

CINDY EVANS, Chair