RES 272 Draft 02 2012-2014 - Laserfiche WebLink

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WHEREAS, Senate Bill No. 727 would have significantly restricted county home rule of any matter affecting the wellbeing of its residents by deleting from HRS, Subsection (13) of Section 46-1.5, the key words "health" and "life" so that this jurisdictional statute would instead read as follows: "(13) Each county shall have the power to enact ordinances deemed necessary to [protect health, life, and property, and to preserve]: (A) Protect property; or (B) Preserve the order and security of the county and its inhabitants..."; and WHEREAS, Senate Bill No. 727 was titled and described in a deceptive manner as there was no disclosure or indication that the legislation would severely reduce the scope of county- level authority: the measure title was "Relating to Economic Development" and the description was "Expressly prohibits the enactment of county ordinances relating to the protection of property and the order and security of inhabitants, if the ordinances conflict with the intent of state or federal statutes, rules, or regulations."; and WHEREAS, at the House Judiciary Committee hearing, the testifiers supporting Senate Bill No. 727 were representatives or persons associated with the agrochemical industry, including the principal biotech advocacy organization, Hawaii Crop Improvement Association, who testified that it is their intent to eliminate local government jurisdiction over matters relating to agriculture as local governments interfere with their corporate policies, and that they had been successful in achieving this goal in over 20 other states; and WHEREAS, Senate Bill No. 590 would have expanded the scope of the Right to Farm Act, HRS, Section 165-4, beyond its original purpose to protect farmers from nuisance lawsuits resulting from the encroachment of urbanization; and WHEREAS, Senate Bill No. 590 would have largely insulated the agrochemical industry from executive, legislative, or judicial jurisdiction over the cultivation, development, or testing of genetically engineered crops and plants or the use of associated pesticides, regardless of the potential harm to people, the environment, or adjacent waterways; and WHEREAS, the Council is concerned that State Legislators have introduced legislation designed to eliminate county level authority ("home rule") over agricultural practices, even when certain practices may severely impact the health of neighboring residents and the unique and delicate ecosystems of each island; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the proposed bill, attached as Exhibit A, relating to the counties' authority on agriculture, be introduced and approved by the 2014 Hawai`i State Legislature. 2