STAND. COM. REP. NO. 890

Honolulu, Hawaii

RE:    S.B. No. 637

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 637, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COUNTY ACCESS TO PRIVATE PROPERTY,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the counties through their employees or authorized agents to enter private property to control or eradicate invasive species and pests.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Department of Agriculture; Office of the Mayor, County of Hawai‘i; Office of the Mayor, County of Maui; Hawaii Association of REALTORS; Hawaii Cattlemens Council; The Hawaiian Electric Companies; and five individuals.  Your Committee received comments on this measure from one individual.

     Your Committee finds that invasive species and pests are a persistent and real threat to the State.  Invasive species and pests can swiftly and permanently alter the ecosystem of the State if not effectively eradicated.  To ensure the rapid and complete removal of such species and pests, this measure allows the counties, through their employees or authorized agents, to have authority to enter onto private property when necessary to control or eradicate invasive species and pests.

     Your Committee has amended this measure by:

     (1)  Clarifying under section 194-5(a), Hawaii Revised Statutes, that the employees or authorized agents of a department or county may enter the premises to control or eradicate the invasive species after reasonable notice is provided to the owner of the property or pursuant to a court order; and

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 637, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 637, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair