STAND. COM. REP. NO. 2239

Honolulu, Hawaii

RE: S.B. No. 2559

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Water and Land, to which was referred S.B. No. 2559 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to clarify that state, county, and authorized agents' authority to enter private property to control and eradicate invasive species also applies when there is a reasonable suspicion that invasive species are present on that property.

Your Committees received testimony in support of this measure from the Department of Agriculture; Department of Land and Natural Resources; Coordinating Group on Alien Pest Species; Big Island Invasive Species Committee; Office of the Mayor of the County of Hawaii; Hawaiian Electric Company, Inc.; The Humane Society of the United States; Hawai‘i Farm Bureau; The Nature Conservancy of Hawaii; Hawaiian Civic Club of Honolulu; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i; and three individuals. Your Committees received testimony in opposition to this measure from the Hawaii Cattlemen's Council, Inc., and Animal Rights Hawai‘i.

Your Committees find 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, it is essential to allow the State and counties, through their employees or authorized agents, to have authority to enter onto private property when necessary to control or eradicate priority invasive species and pests before they spread.

Your Committees have amended this measure by:

(1) Clarifying that the right to enter private property applies to control and eradication of priority invasive species identified by the Invasive Species Council;

(2) Amending additional statutory language to require the Invasive Species Council to maintain a list of priority invasive species and diseases that pose a high risk to public health and safety, the environment, or agriculture; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2559, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2559, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water and Land,

________________________________ KARL RHOADS, Chair

________________________________ MIKE GABBARD, Chair