STAND. COM. REP. NO. 2610

Honolulu, Hawaii

RE: S.B. No. 2559

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2559, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) 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 priority invasive species are present on that property; and

(2) 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.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resource, Department of Agriculture, Office of the Mayor of the County of Hawai‘i, Hawaii Farm Bureau, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Nature Conservancy Hawai‘i, two members of the Maui County Council, one member of the Hawaii County Council, and one individual. Your Committee received testimony in opposition to this measure from Animal Rights Hawai‘i.

Your Committee finds that invasive species and pests are a persistent and ongoing issue throughout the State. This measure will require the Invasive Species Council to maintain an accurate list of priority invasive species and diseases and expand the ability of authorized agents to eradicate them or limit their spread. Your Committee recognizes that the Board of Agriculture is the regulatory authority for control of invasive species and that the Board's declaration is required for an invasive species to be designated as a pest requiring eradication.

Your Committee has amended this measure by:

(1) Clarifying that a declaration by the Chairperson of the Board of Agriculture that an invasive species is a pest requiring eradication to protect public health, the environment, or agriculture is required before authorized agents may enter private property to control or eradicate the invasive species; and

(2) Inserting an effective date of July 1, 2035, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2559, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2559, S.D. 2.

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

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BRIAN T. TANIGUCHI, Chair