HB1948 HD1.DOC

SECTION 1. The legislature finds that the existing provisions in the law that are aimed at preventing the theft of agriculture products are not adequate to deter thieves from stealing agricultural products and reselling them. Although the current law requires ownership and movement certification documents for the transportation and sale of agricultural commodities over two hundred pounds or worth at least $100, these documents are easily falsified.

The purpose of this Act is to deter these thefts and the profits that thieves gain from them by clarifying the current requirements and requiring proof of identification upon the sale of farm goods to the buyer.

SECTION 2. Section 145-22, Hawaii Revised Statutes, is amended to read as follows:

"§145-22 Agricultural commodities; ownership and movement certification. (a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity of more than two hundred pounds or with a value of at least $100 that is marketed for commercial purposes, shall complete a certificate describing the commodity, the amount and value of the commodity, and [~~indicating:~~] shall include:

(1) The [~~seller, owner, buyer, or consignee;~~] seller's name, residence address, telephone number, and license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase;

(2) The name of the farm owner and address of origin; [~~and~~]

(3) The name of the buyer or consignee, and destination[.]; and

(4) The signature of the seller and, upon sale, the signature of the buyer or consignee.

(b) Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency. If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller.

(c) No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification as required by subsections (a) and (b). Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police.

(d) Two copies of the certificate shall accompany the shipment, and [a] one copy each shall be retained by [~~the person completing the certificate.~~] the seller and the buyer or consignee. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person as described in section 145-25.

[~~(b)~~] (e) This section shall not apply to the retail sale of an agricultural commodity to the final consumer."

SECTION 3. Section 145-23, Hawaii Revised Statutes, is amended to read as follows:

"§145-23 Lack of proof of ownership as a violation. The failure of any person who sells, transports, or possesses after sale or transport, agricultural commodities to maintain a certificate of ownership or other written proof of ownership of the agricultural commodity, as described in section 145-22, is a violation of this part[.] and is also prima facie evidence of an offense under section 708-831(1)(e)."

SECTION 4. Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the second degree if the person commits theft:

(a) Of property from the person of another;

(b) Of property or services the value of which exceeds $300;

(c) Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is [~~prominently~~] displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property"[;] or "No Tresspassing", or similar language, or there is a presence of a crop;

(d) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is [~~prominently~~] displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property"[.], "No Tresspassing", or similar language, or there is a presence of a crop. The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen[.]; or

(e) Of agricultural commodities marketed for commercial purposes and for which the person has failed to maintain a certificate of ownership as required pursuant to section 145-22. Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. This Act shall take effect on July 1, 2012.

HOUSE OF REPRESENTATIVES	H.B. NO.	1948
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII