STAND. COM. REP. NO. 1491-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2128

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Agriculture & Food Systems, to which was referred S.B. No. 2128, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRESPASS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Provide that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State pursuant to state forfeiture laws; and

(2) Authorize a court to reduce the penalty from forfeiture to a fine for a first offense.

Your Committee received testimony in support of this measure from Ulupalakua Ranch; Hawaii Cattlemen's Council, Inc.; Hawaiʻi Farm Bureau; and six individuals. Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs and one individual. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that unauthorized entry by hunters onto private lands poses significant risks to farmers, ranchers, and surrounding communities. Your Committee further finds that illegal hunting and trespass can result in property damage, harm to livestock, and disruptions to farming activities. This measure strengthens deterrence against such conduct by allowing for the forfeiture of firearms or motor vehicles used in illegal hunting on private land.

Your Committee has amended this measure by:

(1) Establishing the new statutory language regarding the forfeiture of property used by a person who hunts on private land without the permission of the owner or occupier of the land under the statutory provisions establishing penalties for violations of chapter 183D, Hawaii Revised Statutes, rather than under the statutory provisions regarding the prohibition on hunting on private lands;

(2) Specifying that a person in violation of the prohibition on hunting on private lands shall be guilty of a misdemeanor and subject to certain penalties;

(3) Clarifying that a person who uses their property, including firearms, hunting animals, or vehicles, to hunt on private land without the permission of the owner or occupier of the land shall be subject to a fine for the first offense and have their property forfeited to the State for a second or subsequent offense;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

(5) 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 Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2128, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2128, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

____________________________

CORY CHUN, Chair