STAND

STAND. COM. REP. NO. 1359

Honolulu, Hawaii

, 2005

RE: H.B. No. 1201

H.D. 2

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1201, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to amend Hawaii's theft laws with respect to agricultural products, commodities, and livestock.

Specifically, this measure:

(1) Clarifies that possession of agricultural commodities removed from fenced or posted premises or premises with a visible presence of crops under cultivation, crops in the process of being harvested, or crops that have been harvested without ownership or movement certificates is evidence that the person knows that the commodities are stolen;

(2) Includes theft of agricultural products that exceed twenty-five pounds in weight within the offense of theft in the second degree; and

(3) Provides that possession of livestock without ownership or movement certificates is evidence that the person knows that the livestock is stolen.

Testimony in support of the measure was submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu, the Hawaii Farm Bureau, the Big Island Farm Bureau, the Maui County Farm Bureau, the Hawaii Agriculture Research Center, Maui Land and Pineapple Company, Quality Turfgrass, the Hawaii Crop Improvement Association, Pineapple Growers Association of Hawaii, the Hawaii Aquaculture Association, and one individual. The Office of the Public Defender testified in opposition to the measure. The Department of Agriculture and one individual offered comments on the measure.

Your Committee finds that this measure is designed to address the problem of agricultural theft in Hawaii by amending various provisions of Hawaii's theft laws relating to agricultural commodities, livestock, and products.

Your Committee has amended this measure by replacing the contents of this measure with the contents of Senate Bill No. 1588, S.D. 2, a substantially similar bill that also applied the twenty-five pound requirement to agricultural products and commodities, applied a prima facie standard with respect to possession of movement or ownership certificates for livestock, as well as agricultural commodities and products, and implemented signage requirements. Your Committee also made the bill effective on approval.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1201, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1201, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair