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Senate debates trespass and wildlife bills; HB40 held for amendment, HB41 passed
Summary
After extended debate about enforcement and unintended consequences, the Senate held House Bill 40 for 24 hours to consider amendments and passed House Bill 41 concerning trespass on cultivated land.
Senators spent considerable time Feb. 1 debating two related bills that alter how the state treats taking wildlife on private property.
House Bill 40 (Representative Steiler, Senate sponsor Beverly Evans) would permit authorities to confiscate wildlife taken while trespassing and create a more enforceable penalty beyond a citation. Sponsor Beverly Evans said the bill is aimed at commercial "guide hunters" who knowingly take trophy animals on private land and treat citations as a business cost. Evans said the measure'"allows for the taking of the trophy animal as well as the citations" when an animal is taken on private property.
Opponents warned the bill could criminalize common hunting scenarios. Senator Valentine told the floor "this is going to be a crime. This is going to be a class B misdemeanor" and asked whether the bill unintentionally criminalizes falconers or hunters whose dogs retrieve birds that fall on private land. Senator Suazo asked specifically whether retrieving a raptor (falcon) that took a pheasant on private property would subject the owner to trespass charges; sponsors replied that existing trespass law remains intact but the bill adds an additional tool allowing seizure of animals killed on private land.
After extended questioning and concerns about enforcement and narrowly tailored language, sponsors asked that House Bill 40 be held for 24 hours to consider an amendment; the Senate agreed to hold the bill. Later in the day the sponsor moved to release HB40 following counsel review and the president signed it in open session for enrollment.
House Bill 41, related statutory language defining "cultivated land" and requiring written permission to hunt on such land, received sustained debate on enforceability. Senator Blackham and others said the measure shifts the burden away from posting land and toward hunters obtaining permission; Senator Valentine opposed the change citing enforcement challenges for county sheriffs. The Senate passed HB41 by roll call, 15 aye, 12 nay, 2 absent, and returned it to the House for enrolling and signature.
Next steps: HB40 was held for amendment when the session paused; sponsors indicated they would consult counsel and return the revised language. HB41 was passed and will be sent to the House for final signatures.
