STAND. COM. REP. NO. 557

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1755

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 1755 entitled:

 

"A BILL FOR AN ACT RELATING TO LIABILITY FOR COQUI FROG ERADICATION EFFORTS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to aid in the eradication of invasive species in Hawaii by providing government agencies and private entities limited liability immunity for injuries sustained by volunteers who are engaged in coqui frog eradication efforts.

 

     Testimony in support of this measure was submitted by the Department of Agriculture, the Department of Land and Natural Resources, the Maui Outdoor Circle, the Kihei Akahi Association of Apartment Owners, the Hawaii Agriculture Research Center, the Hakalau Coqui Warriors, the Hele Mauna Street Neighborhood Watch, and three individuals.

 

     The accidental introduction of the coqui frog in Hawaii has resulted in a serious problem for residents and tourists.  Coqui populations have exploded in the last fifteen years from presumably a single infestation to over two hundred on the Big Island alone. They are also present on Maui, Oahu, and most recently on Kauai.  The infestation of coqui frogs has forced government agencies to enlist the help of volunteers to aid in the eradication efforts.  During coqui frog eradication projects, volunteers are required to move through forested areas or areas dense in vegetation, which may create hazardous conditions for or has the potential of causing injury to these volunteers.  Your Committee finds that providing to government agencies and private entities limited liability immunity from injuries sustained by volunteers who are engaged in coqui frog eradication efforts fulfills the intent of this measure, which is to further aid in the eradication of invasive species in Hawaii.

 

     Your Committee has amended this measure by adopting the suggestion made by the Department of Agriculture by replacing "non-employed volunteers" with "unpaid volunteers" to provide clarity.

 

     The Department of Agriculture suggested expanding the scope of this measure to include the potential for other invasive species eradication efforts.  However, your Committee notes that the title of this measure is specific to coqui frog eradication efforts, and therefore, while willing to accommodate this additional amendment, your Committee is unable to do so.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1755, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1755, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

 

 

 

____________________________

RUSSELL S. KOKUBUN, Chair