STAND. COM. REP. NO. 709
Honolulu, Hawaii
, 2005
RE: S.B. No. 1588
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 S.B. No. 1588, 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 laws relating to agricultural theft.
Specifically, this measure:
(1) Incorporates a prima facie element to the offense of theft in the second degree whereby possession of agricultural commodities without ownership and movement certificates permits an inference that the commodities were obtained with the knowledge of the character, nature, and value of the commodity;
(2) Incorporates a prima facie element to the offense of theft of livestock whereby possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the livestock was obtained with the knowledge of the character, nature, and value of the livestock; and
(3) Includes theft of agricultural products in excess of twenty-five pounds within the offense of theft in the second degree.
Testimony in support of this measure was submitted by the Department of Agriculture, the Department of the Prosecuting Attorney for the City and County of Honolulu, the Department of the Prosecuting Attorney for the County of Maui, the Hawaii Agriculture Research Center, the Hawaii Farm Bureau Federation, the Big Island Farm Bureau, the Maui County Farm Bureau, the Hawaii Association of Realtors, the Hawaii Crop Improvement Association, the Pineapple Growers Association of Hawaii, and two individuals.
Your Committee finds that agricultural theft is a significant problem for Hawaii's farmers and consumers. Economic losses resulting from agricultural theft can be significant and can force farmers to go out of business. This measure is designed to address this problem by strengthening and clarifying Hawaii's theft laws.
Your Committee has amended this measure by:
(1) Including the theft of agricultural commodities with a value of more than $100 but less than $20,000, and commodities or products in excess of twenty-five pounds in weight, within the offense of theft in the second degree;
(2) Establishing that possession of agricultural products or commodities without the required ownership and movement certificates is prima facie evidence that the products or commodities are or have been stolen;
(3) Establishing that possession of livestock without the required ownership and transportation certificate is prima facie evidence that the livestock is or has been stolen; and
(4) Clarifying the signage requirements with respect to agricultural theft.
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 S.B. No. 1588, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1588, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
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