STAND. COM. REP. NO. 280-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1921

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred H.B. No. 1921 entitled:

"A BILL FOR AN ACT RELATING TO HUNTING,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require any hunting guide or hunter to obtain and submit to the Department of Land and Natural Resources (DLNR) written permission from any private land owner upon whose land the hunting guide or hunter is engaged in guide or hunting activities; and

(2) Require the Division of Forestry and Wildlife of DLNR to create and make available to the public a written permission form to be completed and filed by any hunting guide or hunter engaged in guide or hunting activities on private lands.

Your Committee received testimony in support of this measure from the Hawaii Cattlemen's Council, Hawaii Rifle Association, Hawaii Farm Bureau, and four individuals. Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that some armed individuals have circumvented trespassing and larceny laws by simply claiming to be hunters and stating they had verbal permission from the property owner to be on the property. Currently, the burden is on the rancher or farmer to prove that the farmer or rancher did not give permission to a trespasser carrying a firearm to access the farmer's or rancher's property. Requiring a hunting guide or hunter to obtain written permission from the land owner will reduce the confusion concerning the issue of trespassers while also reducing the risk of land owners mistakenly believing their homes and families are threatened by these individuals.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1921, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1921, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

RYAN I. YAMANE, Chair