STAND. COM. REP. NO. 2381

Honolulu, Hawaii

RE: S.B. No. 2077

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Water and Land and Judiciary, to which was referred S.B. No. 2077 entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize the Department of Land and Natural Resources to enter into the interstate wildlife violator compact or similar agreement with an appropriate state, federal, or foreign entity for mutual assistance in the enforcement of hunting, fishing, and other wildlife laws, rules, or regulations in their respective jurisdictions;

(2) Provide certain immunities and entitlements to employees of the Department of Land and Natural Resources for acts in administering or enforcing the terms or conditions of the agreement if the acts are within the course and scope of their employment; and

(3) Make an appropriation for the Department of Land and Natural Resources to enter into the interstate wildlife violator compact or similar agreement.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Humane Society of the United States, Hawaiian Humane Society, Hawaiian Civic Club of Honolulu, Pono Advocacy, and twelve individuals.

Your Committees find that compact agreements are voluntary, formal interstate agreements among states that are not initiated by the federal government. A majority of the states have enacted legislation to codify the interstate wildlife violator compact, whereby persons who have had their licenses revoked in one state are prohibited from engaging in those licensed activities in another state that is part of the compact agreement. This measure will allow the Department of Land and Natural Resources to enhance hunting, fishing, and other wildlife protection enforcement efforts.

Your Committees note the suggestion made by the Humane Society of the United States to codify the language from the interstate wildlife violator compact into state law, similar to other states who are compact participants. Your Committees believe that this matter merits further discussion by your Committee on Ways and Means should that Committee schedule this measure for public hearing.

Your Committees have amended this measure by:

(1) Removing language that would have provided employees of the Department of Land and Natural Resources who perform acts to administer or enforce the terms or conditions of the agreement immunity from civil liability for damages if the acts are within the course and scope of their employment;

(2) Removing the appropriation for the Department of Land and Natural Resources to enter into the interstate wildlife violator compact or similar agreement;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Water and Land and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2077, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2077, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Judiciary,

________________________________ BRIAN T. TANIGUCHI, Chair

________________________________ KARL RHOADS, Chair