STAND. COM. REP. NO. 561

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 138
                                     H.D. 1




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

Sir:

     Your Committee on Agriculture, to which was referred H.B.
No. 138 entitled: 

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

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to prevent theft of agricultural goods and commodities by:

     (1)  Making it criminal trespass in the first degree for
          persons who knowingly enter or remain unlawfully in or
          upon agricultural land that is fenced, enclosed, or
          secured in a way that is designed to exclude intruders
          or which is displayed the notice "Private Property";

     (2)  Providing for the repossession of vehicles found in the
          possession of persons convicted under the law at the
          time of the offense; and

     (3)  Requiring proof of ownership among sellers, buyers, and
          transporters of produce lots of fruits, nuts, and
          vegetables.

     The Pineapple Growers Association of Hawaii, the Hawaii
Agriculture Research Center, and the Hawaii Aquaculture
Association submitted testimony in support of the measure.  The
Department of Agriculture testified in support of the intent of
the measure.  Comments were submitted by the Hawaii Farm Bureau
Federation.  The Land and Research Office of the Office of

 
 
                                 STAND. COM. REP. NO. 561
                                 Page 2

 
Hawaiian Affairs submitted testimony in opposition to this
measure.

     Your Committee has amended this bill by deleting its
substance and inserting new material, which protects the rights
of owners of agricultural goods and commodities by requiring
proof of ownership of sellers, buyers, and transporters of
produce lots of fruits, nuts, and vegetables.  Your Committee
notes that the bill, as amended, is modeled after section 142-49,
Hawaii Revised Statutes, which provides for livestock ownership
and movement certification.

     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 H.B. No.
138, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 138, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   FELIPE P. ABINSAY, JR., Chair