STAND. COM. REP. NO. 380
Honolulu, Hawaii
, 2005
RE: H.B. No. 1201
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Agriculture, to which was referred H.B. No. 1201 entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL THEFT,"
begs leave to report as follows:
The purpose of this bill is to strengthen the law relating to agricultural theft by:
(1) Making possession of agricultural commodities without an ownership and movement certificate prima facie evidence that the person engaged in conduct with knowledge of the character, nature, and value of the agricultural commodities; and
(2) Making possession of livestock without a livestock ownership and movement certificate prima facie evidence that the person engaged in conduct with knowledge of the character, nature, and value of the livestock.
The Department of Agriculture, Department of the Prosecuting Attorney of the County of Maui, Pineapple Growers Association of Hawaii, Kaupo Ranch Ltd., Big Island Farm Bureau, Hawaii Cattlemen's Council, Hawaii Marine Enterprises, C&H Farms, CAG, and the Maui County Farm Bureau supported this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu (Honolulu Prosecuting Attorney) supported this measure with amendments.
Your Committee notes that testimony submitted by the Honolulu Prosecuting Attorney includes suggested amendments to broaden the scope of theft in the second degree as it pertains to theft of agriculture products and to strengthen the prima facie provisions contained in the bill as introduced.
In light of this testimony, your Committee has amended this measure by:
(1) Clarifying that possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is prima facie evidence that the person knows that the agricultural commodities are or have been stolen in cases of theft in the second degree;
(2) Clarifying that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the person knows the livestock is or has been stolen in cases involving theft of livestock
(3) Expanding theft in the second degree to include theft of over 35 pounds of agricultural products from fenced or posted premises; and
(4) Making technical, nonsubstantive amendments for style, clarity, and consistency.
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. 1201, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1201, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Agriculture,
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____________________________ FELIPE P. ABINSAY, JR., Chair |
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