STAND. COM. REP. NO. 530

Honolulu, Hawaii

, 2005

RE: S.B. No. 1588

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1588 entitled:

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

begs leave to report as follows:

The purpose of this measure is to amend agricultural theft laws.

Testimony in support of this measure was submitted by the Department of Agriculture, City and County of Honolulu Department of the Prosecuting Attorney, County of Maui Office of Economic Development, Big Island Farm Bureau, Hawaii Agriculture Research Center, Hawaii Cattlemen's Council, Hawaii Crop Improvement Association, Hawaii Farm Bureau, Hawaiian Marine Enterprises, and Pineapple Growers Association of Hawaii.

Your Committee finds that agricultural theft is a critical problem for Hawaii's farmers, especially in sparsely populated areas that are isolated from law enforcement. Thus, this measure strengthens current theft laws by providing that possession of agricultural commodities or livestock without proper certificates is prima facie evidence that the commodities were obtained knowing its character, nature, and value.

Testimony from the Department of the Prosecuting Attorney indicated that the sign requirements for agricultural theft and trespass laws are inconsistent with each other. Thus, your Committee noted that language should be drafted to make the sign requirements in both laws consistent. Currently, the Prosecuting Attorney's Office and the Farm Bureau are conferring on this matter and will submit the revised sign requirements to the Committee on Judiciary and Hawaiian Affairs.

Your Committee has amended this measure by:

(1) Amending the crime of theft in the second degree to include agricultural products that exceed twenty-five pounds; and

(2) Making technical, nonsubstantive stylistic changes.

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

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair