STAND. COM. REP. NO.  93

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 1301

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.B. No. 1301 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

The purpose of this measure is to help protect Hawaii's environment by providing that a person or entity that is determined by the Hawaii Invasive Species Council to have knowingly or inadvertently introduced an invasive species into Hawaii is strictly liable for all expenses necessary to eradicate the introduced invasive species.

The Conservation Council for Hawaii, a member of the Maui County Council, and a concerned individual supported this measure.  The Hawaii Insurers Council opposed the measure.  The Department of Agriculture and Department of Land and Natural Resources submitted comments.

     Your Committee has amended this measure by changing its effective date to July 31, 2150, to encourage further discussion.

     Should your Committee on Judiciary choose to hear this measure, your Committee respectfully requests that it consider the issue of strict liability, particularly the due-process rights of the accused.

     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. 1301, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1301, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

RICHARD P. CREAGAN, Chair