STAND. COM. REP. NO. 1116

Honolulu, Hawaii

, 2005

RE: S.B. No. 1588

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 1588, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL THEFT,"

begs leave to report as follows:

The purpose of this bill is to strengthen the laws addressing agricultural theft by:

(1) Establishing that possession of agricultural commodities or products without ownership and movement certificates is prima facie evidence that the commodities or products are or have been stolen;

(2) Establishing that possession of livestock without ownership and movement certificates is prima facie evidence that the livestock is or has been stolen; and

(3) Clarifying that a person commits the offense of theft in the second degree if the person commits theft of agricultural equipment, supplies, commodities, or products, the value of which exceeds $100 but does not exceed $20,000, or of agricultural commodities or products that exceed 25 pounds, from cultivated or uncultivated agricultural lands that are:

(A) Enclosed by a fence; or

(B) Posted with warning signs on prosecution for theft, displayed along all exterior boundaries and at all roads and trails entering the land.

The Department of Agriculture, Honolulu Police Department, Hawaii Farm Bureau Federation, Big Island Farm Bureau, Maui County Farm Bureau, Hawaii Association of REALTORS, Hawaii Aquaculture Association, Hawaii Agriculture Research Center, Maui Land & Pineapple Company, Inc., Maui Pineapple Company, Ltd., and the Hawaii Crop Improvement Association supported this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu supported this bill and suggested amendments.

Your Committee has amended this measure by:

(1) Establishing that a person commits theft in the second degree if the person commits theft of agricultural equipment, supplies, commodities, or products, the value of which exceeds $100 but does not exceed $20,000, or of agricultural commodities or products that exceed 25 pounds, from cultivated or uncultivated agricultural lands on which there is visible presence of a crop under cultivation, in the process of being harvested, or marketable if already harvested at the time of entry; and

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

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1588, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1588, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

FELIPE P. ABINSAY, JR., Chair