STAND. COM. REP. NO. 2770

Honolulu, Hawaii

RE: S.B. No. 3329

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, 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 and intent 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 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 the Wasmannia auropunctata, commonly known as the little fire ant, threatens native biodiversity, alters tropical ecosystems, impairs human health, diminishes agricultural and horticultural productivity, and ranks among one of the world's worst invasive species. Your Committee further finds that there are individuals who do not take reasonable steps to prevent little fire ant infestations, nor do they have any responsibility to treat their property once it has been infested, thereby leading to the spread of little fire ants on numerous properties in the State. Your Committee additionally finds that existing law governing mandatory seller disclosures in real property transactions requires a written disclosure statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to residential real property being offered for sale. This measure requires disclosure of known little fire ant infestations, as part of the sale of residential real property, to help raise awareness of the dangers posed by little fire ants and provide prospective buyers with information to help anticipate any future mitigation costs.

As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3329, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

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JARRETT KEOHOKALOLE, Chair