STAND. COM. REP. NO. 944

Honolulu, Hawaii

, 2019

RE: H.B. No. 213

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 213 entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize a property owner or agent to enter adjacent properties to eradicate albizzia trees before they become hazardous, under certain conditions.

The Big Island Invasive Species Committee, Mayor of the County of Hawai‘i, Hawaiian Electric Company Inc. and its subsidiary utilities Maui Electric Company, Limited and Hawai‘i Electric Light Company, Inc., O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Hoalike Farm, and an individual supported this measure. The Department of Land and Natural Resources provided comments.

Your Committee has amended this measure by:

(1) Clarifying that a property owner or agent may enter adjacent properties to control, rather than eradicate albizia trees;

(2) Specifying the conditions under which an owner may enter an adjacent property to control albizia trees to address health and safety concerns;

(3) Changing the effective date to January 28, 2081, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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 H.B. No. 213, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 213, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CHRIS LEE, Chair