STAND. COM. REP. NO. 205

Honolulu, Hawaii

RE:    S.B. No. 689

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment, to which was referred S.B. No. 689 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL BUILDINGS,"

beg leave to report as follows:

     The purpose and intent of this measure is to grant county agencies the implicit right, upon reasonable notice, to enter property to investigate agricultural buildings and structures for violations of and compliance with building permit and building code exemption qualifications.

     Your Committees received testimony in support of this measure from the Department of Agriculture, Hawaii Aquaculture and Aquaponics Association, Hawaii Cattlemen's Council, Ponoholo Ranch Limited, Hawaii Farm Bureau, and two individuals.

     Your Committees find that enforcing building code requirements is important for the safety and health of those occupying, using, or near those buildings.  To enforce building codes and permit requirements, the counties need sufficient authority and latitude to exercise their enforcement powers.  The need for greater powers of enforcement is particularly important in the case of agricultural buildings.  The point of allowing exemptions for certain agricultural buildings is to encourage and support those entities actually engaged in agricultural activities, and those not engaging in agricultural activities should not be allowed to improperly take advantage of these exemptions.  Therefore, the counties need to be able to, upon reasonable notice to the owner or occupier, exercise their implicit right to investigate agricultural buildings that are exempt from the building permit and building code requirements.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 689 and recommend that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment,

________________________________ MIKE GABBARD, Chair

________________________________ CLARENCE K. NISHIHARA, Chair