STAND. COM. REP. NO.523
Honolulu, Hawaii
, 2001
RE: H.B. No. 365
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committees on Agriculture and Higher Education, to which was referred H.B. No. 365 entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL COMMODITY DAMAGE,"
beg leave to report as follows:
The purpose of this bill is to deter malicious damage to any agricultural commodity that is part of a product development program by making the violator liable for twice the value of the crop damaged.
The Pineapple Growers Association of Hawaii, the Hawaii Farm Bureau Federation, and the Hawaii Forest Industry Association testified in support of this measure. Testimony supporting the intent of the bill with amendments was submitted by the University of Hawaii College of Tropical Agriculture and Human Resources, the Hawaii Agriculture Research Center, Pioneer Hi-Bred International, Inc., and the Hawaiian Alliance for Responsible Technology & Science.
Your Committees have amended this bill by:
(1) Extending the coverage of this measure to include any crop, including silvicultural crops;
(2) Specifying that the affected crop may also be intended for personal or commercial purposes;
(3) Extending the coverage to also include crops for research and development purposes at a private or public research facility;
(4) Specifying that the damage shall be limited to twice the market value of the crop, including related costs, instead of twice the actual damages; and
(5) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the records of votes of the members of your Committees on Agriculture and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 365, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 365, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committees on Agriculture and Higher Education,
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____________________________ ROY TAKUMI, Chair |
____________________________ FELIPE P. ABINSAY, Chair |
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