STAND. COM. REP. NO. 2087

Honolulu, Hawaii

RE: S.B. No. 2452

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment, to which was referred S.B. No. 2452 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:

(1) Grant county agencies the implicit right to enter property, with reasonable notice given, to investigate agricultural buildings and structures for violations of and compliance with building code exemption qualifications; and

(2) Allow the appropriate department or agency to apply for a warrant from the district court commanding any police officer of the circuit to provide sufficient aid and to assist the department or agency in gaining entry onto a property to investigate exempted agricultural buildings for compliance with the building code exemption qualifications in cases where entry to the property is refused.

Your Committees received testimony in support of this measure from the Department of Agriculture; Hawaii Cattlemen's Council, Inc.; Hawaiian Civic Club of Honolulu; Hawai‘i Farm Bureau; and Na Wahine Kunia o Lihue. Your Committees received comments on this measure from the Office of Planning.

Your Committees find that the existence of non-compliant agricultural buildings threatens public health and safety. Existing law establishes specific requirements for agricultural buildings. These requirements exist to ensure appropriate usage in specified areas and to protect the well-being of the public and the land itself. However, your Committees find that there is not a sufficient mechanism in place to allow for the proper inspection of agricultural buildings to ensure that those buildings are in compliance with statutory requirements. This measure addresses the lack of on-site inspection authority of exempted agricultural buildings for appropriate county departments or agencies.

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. 2452 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.

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