STAND. COM. REP. NO. 1503

Honolulu, Hawaii

, 2021

RE: S.B. No. 219

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 219, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMES ON AGRICULTURAL LANDS,"

begs leave to report as follows:

The purpose of this measure is to impose extended terms of imprisonment for certain offenses against property rights committed on agricultural lands.

Your Committee received testimony in support of this measure from the Department of Agriculture, Ulupono Initiative, and Hawai‘i Farm Bureau. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that agricultural crime persists in Hawaii despite various efforts to combat the problem. Crimes committed on agricultural lands can cause significant hardship for farmers, ranchers, and producers, which can potentially lead to bankruptcy. This measure seeks to deter criminal activity on agricultural lands and protect Hawaii's farmers, ranchers, and producers.

Your Committee has amended this measure by:

(1) Deleting language that would have established a rebuttable presumption that an unauthorized person on agricultural land has committed an offense against certain property rights when on agricultural land;

(2) Appropriating an unspecified amount of funds to the Department of the Attorney General to establish a statewide Agricultural Theft Task Force to provide law enforcement with tools necessary to identify agricultural theft perpetrators; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

Should the Committee on Finance deliberate on this measure further, your Committee on Judiciary & Hawaiian Affairs respectfully requests that it consider appropriating $250,000 in initial funding for the statewide Agricultural Theft Task Force.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 219, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 219, S.D. 2, H.D. 2.

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

____________________________

MARK M. NAKASHIMA, Chair