STAND. COM. REP. NO. 1194-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 3329

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Agriculture & Food Systems, to which was referred S.B. No. 3329, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LITTLE FIRE ANTS,"

begs leave to report as follows:

The purpose of this measure is to require the disclosure of any little fire ant infestation as part of any sale of residential real property.

Your Committee received testimony in support of this measure from two individuals. Your Committee received testimony in opposition to this measure from the Hawaiʻi Association of REALTORS. Your Committee received comments on this measure from the Department of Agriculture and Hawaii Pest Control Association.

Your Committee finds that invasive species are a serious threat to the State and that little fire ants are among the most concerning to homeowners, as little fire ants may measurably affect homeowners' quality of life and the value of their real property if offered for sale. Your Committee finds that the existence of a little fire ant infestation is a material fact that should be disclosed to a potential buyer of residential real property and along with specific details on any treatment for the infestation to enable the buyer to make a well-informed decision.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

Your Committee notes the Hawaiʻi Association of REALTORS' testimony that known pest infestations, including little fire ant infestations, are already included among the material facts required to be disclosed by sellers of residential real property and that the existing Seller's Real Property Disclosure Statement form asks a seller for the information proposed by this measure.

As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3329, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3329, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

____________________________

CEDRIC ASUEGA GATES, Chair