STAND. COM. REP. NO. 924-20

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 Judiciary, to which was referred H.B. No. 1921, H.D. 1, 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 landowner 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 filled by any hunting guide or hunter engaged in guide or hunting activities on private land.

Your Committee received testimony in support of this measure from the Hawaii Farm Bureau, Hawaii Cattlemen's Council, and one individual. 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 landowner or their agent to prove that the landowner or their agent did not give permission to a trespasser carrying a firearm to access the landowner's property. Requiring a hunting guide or hunter to obtain written permission from the landowner will reduce the confusion concerning the issue of trespassers while also reducing the risk of landowners mistakenly believing their homes and families are threatened by these individuals.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1921, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

CHRIS LEE, Chair