Report Title:
Agricultural Theft; Task Force Appropriation
Description:
Appropriates funds to establish an interagency task force to develop means to abate agricultural theft and funding therefor. Appropriates funds.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1082 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
MAKING AN APPROPRIATION TO ABATE AGRICULTURAL THEFT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that while agriculture is a $500,000,000 industry in Hawaii, losses incurred by agriculturists statewide due to agricultural theft or vandalism amount to millions annually. These losses include the theft or destruction of crops, theft of equipment, fertilizers, herbicides, and seed, and theft or destruction of security measures -- surveillance equipment, fences, and gates. Nationally, stolen farm and construction equipment amounts to an estimated $1,000,000,000 loss nationwide and to $1,000,000 each year on Hawaii island alone. The theft of agricultural commodities increases each year at an alarming rate, leading to huge losses for large and small farmers.
The legislature also finds that a farmer recently was accused of murder in the shotgun death of an intruder with whom he had an altercation after finding a bag containing stolen farm equipment nearby. The intruder had multiple arrests and convictions and an autopsy revealed the presence of methamphetamine in his system. With these losses, and the increasing expense and risk of violence that attends efforts to prevent them, the sustainability of many agricultural ventures is in jeopardy.
The legislature further finds that steps have been taken to address the problem of agricultural theft and vandalism. In 1998 legislation was passed that requires a bill of sale for commodities valued at more than $100, or that weigh more than 200 pounds, in order to assist investigators in determining if there is a legitimate source for an agricultural commodity. In 2001, the senate committee on agriculture conducted statewide hearings on the issue of agricultural theft which found, among other things, that a coordinated effort by all affected parties would be needed in order to deter agriculturally related thefts. The senate committee took note that, in California, an interagency task force was established, consisting of representatives from state and county law enforcement agencies and the farming community, to develop and implement non-statutory solutions such as educational seminars and other means to deter the loss of agricultural commodities and equipment. However, 2002 legislation to establish a task force to develop and implement strategies to deter agricultural theft throughout the State was not adopted.
The legislature also finds that the formation of such a task force is still needed. Strategies to be considered include:
(1) Establishing a system that follows the transfer of a commodity from farmer to wholesaler to retailer to deter theft and to permit inspection of supporting documentation at each step in the chain of distribution;
(2) Requiring freight carriers, including airlines, to inspect documentation for commodities shipped interisland;
(3) Training enforcement officials to follow the paper trail from retail outlets back to the thieves;
(4) Facilitating establishment of "farm watch" programs in agricultural areas of the State so that farmers can assist each other and develop working relationships with enforcement officials;
(5) Increasing penalties under current law for theft violations and creating new offenses such as trespass on agricultural land with intent to commit theft or while armed with a dangerous weapon;
(6) Creating law enforcement task forces to conduct targeted enforcement efforts in areas suffering the greatest losses, to inspect documentation at shippers, wholesalers, and retailers, and to conduct "sting" operations to buy stolen commodities; and
(7) Identification of sources of funding necessary to implement the task force's recommendations.
The purpose of this Act is to appropriate funds to abate agricultural theft by bringing the stakeholders together to develop and implement solutions.
SECTION 2. There is established an agricultural theft abatement task force within the department of agriculture. The task force shall include members chosen by the chairperson of the department of agriculture from the various county prosecutors' offices and police departments, the state department of agriculture, the attorney general's office, the agricultural community, and other representatives as the department of agriculture deems appropriate. The chairperson of agriculture or the chairperson's designee shall serve as chair of the task force.
The task force shall develop policies and programs for implementation by the department of agriculture to abate agriculturally related thefts throughout the State. The department of agriculture shall provide logistical and staff support to the task force.
The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the 2006 regular session. The task force shall be dissolved on June 30, 2006.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, for the purpose of establishing an agricultural theft abatement task force. The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval, except that section 3 shall take effect on July 1, 2005.
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INTRODUCED BY: |
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