CONFERENCE COMMITTEE REPORT NO. 70

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 138
                                  H.D. 2
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 138, H.D. 2, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to prevent theft of agricultural
goods and commodities by providing ownership and certification
requirements for agricultural goods and commodities.

     Your Committee on Conference has amended this bill by:

     (1) Including horticultural and floricultural products under
         the ownership and certification requirements;

     (2) Making the lack of proof of ownership of agricultural
         commodities in lots of over two hundred pounds or with a
         value of at least $100, a violation;

 
 
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     (3) Authorizing law enforcement officers to:

         (a)  Detain persons having possession, selling, or
              transporting agricultural commodities and request
              proof of ownership of the commodities based on
              probable cause; and

         (b)  Hold agricultural commodities upon reasonable
              belief that the person is in unlawful possession of
              the agricultural commodity;

     (4) Allowing commodities to be sold at fair market value to
         the retailer, wholesaler, or packer of the commodity if
         the agricultural commodity is not released to the lawful
         owner after being in the custody of law enforcement for
         forty-eight hours; and

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

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 138, H.D. 2, S.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 138, H.D. 2, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
LORRAINE R. INOUYE, Co-Chair       FELIPE P. ABINSAY, JR., Co-
                                   Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY CHUMBLEY, Co-Chair           ERIC G. HAMAKAWA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATTHEW M. MATSUNAGA, Co-Chair     SOL P. KAHO`OHALAHALA, Member

 
 
 
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______________________________     ______________________________
JAN YAGI BUEN, Member              PAUL WHALEN, Member



______________________________
SAM SLOM, Member