CONFERENCE COMMITTEE REP. NO.77
Honolulu, Hawaii
, 2005
RE: H.B. No. 1201
H.D. 2
S.D. 2
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
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. 1201, H.D. 2, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL THEFT,"
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 strengthen the agricultural theft law by:
(1) Clarifying that a person commits theft in the second degree if the person commits theft of agricultural equipment, supplies, commodities, or products, valued from over $100 and up to and including $20,000, or of agricultural commodities or products that exceed 25 pounds, from cultivated or uncultivated agricultural lands that are fenced or posted with warning signs;
(2) Establishing that possession of agricultural commodities or products without ownership and movement certificates is prima facie evidence that the commodities or products are or have been stolen; and
(3) Establishing that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the livestock is or has been stolen.
After careful consideration, your Committee on Conference has amended this measure by:
(1) Removing references to agricultural commodities and, instead, inserting agricultural commodities in the definition of "agricultural equipment, supplies, or products";
(2) Clarifying that a person commits theft in the second degree if the person commits theft of agricultural equipment, supplies, or products, valued from over $100 and up to and including $20,000, or of agricultural products that exceed 25 pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders, or there is prominently displayed on the premises a sign that provides sufficient notice and reading "Private Property"; and
(3) Making technical, nonsubstantive amendments for style, clarity, and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1201, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1201, H.D. 2, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ RUSSELL S. KOKUBUN, Chair |
____________________________ FELIPE P. ABINSAY, JR., Co-Chair |
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____________________________ COLLEEN HANABUSA, Co-Chair |
____________________________ SYLVIA LUKE, Co-Chair |
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