HOUSE OF REPRESENTATIVES

H.B. NO.

1883

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that agricultural theft and vandalism are a constant worry for farmers and ranchers.  Given the broad acreage that many farming and ranching operations encompass, it is often difficult for farmers and ranchers to police their entire operations at all times.  Furthermore, vigilance at night after work hours may be challenging because not all farmers and ranchers are able to live on or near the fields where they work.  All of these factors make agricultural operations easy prey for theft or vandalism.

     The legislature also finds that the county of Hawaii is known as the breadbasket of the State.  However, agricultural theft and vandalism have been a constant threat for farmers and ranchers on the island, increasing the cost of production and making it more difficult for farming and ranching operations to be successful.

     The legislature also finds that individuals who are not full-time farmers or ranchers, but who grow food or other agricultural products for their own use or for small-scale sale, may be targets of agricultural product theft and vandalism.  This theft and vandalism dispossesses victims of food they have grown, deprives them of a source of income, and reduces their self-sufficiency.

     The purpose of this Act is to establish a two-year agricultural theft and vandalism pilot project to examine the effectiveness of prosecuting agricultural theft and vandalism cases, including theft and vandalism affecting individuals who are not full-time farmers or ranchers, in the county of Hawaii.

     SECTION 2.  (a)  The department of agriculture shall:

     (1)  Establish a two-year agricultural theft and vandalism pilot project to examine and assess the effectiveness of prosecuting agricultural theft and agricultural vandalism cases in the county of Hawaii;

     (2)  Examine and assess the effectiveness of prosecuting the theft of agricultural products produced for personal or small-scale commercial use on any land, regardless of land classification;

     (3)  Partner with the county of Hawaii to hire two enforcement officers within the prosecuting attorney's office or any other law enforcement agency; and

     (4)  No later than January 1, 2020, assess the implementation of the pilot project, including the pilot project's effectiveness in:

          (A)  Identifying the number of convictions for agricultural theft and agricultural vandalism;

          (B)  Identifying best practices for prosecuting perpetrators of agricultural theft and agricultural vandalism;

          (C)  Identifying areas where agricultural theft and agricultural vandalism are most prevalent;

          (D)  Identifying best practices for preventing agricultural theft and agricultural vandalism; and

          (E)  Making recommendations for a statewide program to address agricultural theft and agricultural vandalism.

     (b)  Based on the department of agriculture's assessment of the agricultural theft and vandalism pilot project, the department shall determine whether to continue, expand, or end the pilot project.

     (c)  The department of agriculture shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2020.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the purposes of establishing and implementing a two-year agricultural theft and vandalism pilot project including the hiring of two full-time equivalent enforcement officers (2.0 FTE) for the pilot project.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

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Report Title:

Agricultural Theft and Vandalism Pilot Project; Appropriation

 

Description:

Establishes a two-year agricultural theft and vandalism pilot project to examine the effectiveness of prosecuting agricultural theft and agricultural vandalism in the county of Hawaii.  Appropriates funds.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.