Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 640, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to criminalize and create civil liability for the destruction of crops.

Testimony in support of this measure was submitted by the Department of Agriculture, College of Tropical Agriculture and Human Resources at the University of Hawaii, Hawaiian Alliance for Responsible Technology & Science, Hawaii Farm Bureau Federation, Pineapple Growers Association of Hawaii, Hawaii Agriculture Research Center, Hawaii Crop Improvement Association, and Hawaii Forest Industry Association.

Your Committee finds that in recent years, farmers and researchers have been victimized by individuals who profess opposition to agricultural biotechnology by deliberately destroying agricultural research facilities. Your Committee further finds that imposing civil liability for crop destruction is a deterrent that may have a stronger impact than criminal penalties.

Your Committee has amended this bill by deleting its contents and inserting the provisions of H.B. No. 365, H.D.2, which is a similar bill which passed the House earlier this session. As amended, this bill establishes civil liability against persons who intentionally damage any crop, including silvicultural crops or agricultural commodities known to be part of a product development program.

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 S.B. No. 640, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 640, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.