CONFERENCE COMMITTEE REP. NO. 80

Honolulu, Hawaii

, 2021

RE: H.B. No. 1022

H.D. 1

S.D. 2

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1022, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE TAKING OF NATURAL RESOURCES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Clarify that any conservation and resources enforcement officer of the Department of Land and Natural Resources may, in the performance of their official duties, stop and temporarily detain any person who the officer reasonably believes is, or recently has been engaged in, hunting or fishing for a natural resource for the purposes of the officer conducting a limited inspection; and

(2) Establish administrative penalties for refusing to comply with an inspection request, under certain conditions.

Your Committee on Conference has amended this measure by:

(1) Clarifying provisions to prohibit roaming administrative inspections of any member of the public's vehicle beyond a reasonable distance and clarifying the circumstances under which those inspections are allowed;

(2) Deleting language that would have provided that items, natural resources, or other evidence obtained through an administrative inspection without probable cause may by used to pursue any civil and administrative penalties that are authorized by law;

(3) Deleting provisions that specified that the administrative fines shall not apply to persons engaged in the proper and lawful exercise of traditional and customary Native Hawaiian rights for subsistence, religious, or cultural purposes;

(4) Changing the effective date to upon its approval; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1022, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1022, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ LORRAINE R. INOUYE Chair	____________________________ NICOLE E. LOWEN Co-Chair
____________________________ DRU KANUHA Co-Chair	____________________________ MARK M. NAKASHIMA Co-Chair
____________________________ KARL RHOADS Co-Chair	____________________________ LISA MARTEN Co-Chair