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. 1202 entitled:

begs leave to report as follows:

The purpose of this bill is to deter trespassing on agricultural lands by establishing that a person commits criminal trespass in the second degree if the person enters cultivated or uncultivated agricultural land enclosed by a fence, or posted with signs forbidding trespass, without permission.

The Department of Agriculture (DOA), Hawaii Farm Bureau Federation, Hawaii Agriculture Research Center, Growing Creations, LLC, Hawaii Cattlemen's Council, Hawaii Crop Improvement Association, and two concerned citizens supported this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu and Pineapple Growers Association of Hawaii supported this bill with amendments.

Your Committee notes that concerns were raised by DOA regarding this bill's impact on state and federal officials and personnel who enter agricultural lands to conduct official business pursuant to law, such as plant and animal health and food safety under state and federal regulations, including the Federal Meat, Poultry and Egg Products Inspection Acts under U.S.C. Title 21. It is the intent of your Committee that such officials and personnel are not subject to the provisions of this measure as long as they enter the property for a lawful purpose and conduct activities within the scope of their legal authority.

Your Committee has amended this measure by:

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. 1202, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1202, H.D. 1, and be referred to the Committee on Judiciary.