Bill Text: HI SB2363 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Agriculture.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2024-02-15 - Report adopted; Passed Second Reading and referred to JDC/WAM. [SB2363 Detail]

Download: Hawaii-2024-SB2363-Introduced.html

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THE SENATE	S.B. NO.	2363
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that agricultural crimes, including agricultural theft and vandalism, are a persistent issue affecting Hawaii farmers and ranchers.  According to a 2020 publication by the United States Department of Agriculture and Hawaii Department of Agriculture, there were nearly nineteen thousand incidents of theft, vandalism, and trespassing on Hawaii farms in 2019.  These incidents cost Hawaii farms approximately $14,400,000, or ten per cent of the estimated 2018 Hawaii net farm income, in theft and vandalism losses and security costs.

     The legislature further finds that people often trespass onto Hawaii's farms to illegally hunt.  These trespassers, who are often armed with weapons and accompanied by dogs, can be particularly dangerous and destructive for farming operations.  Reports have emerged regarding destroyed crops, lost livestock, illegal drug use, litter, and discarded animal carcasses on farm property.

     The legislature also finds that despite the prevalence and cost of agricultural crimes, many incidents go unreported and few result in convictions.  Of the nearly nineteen thousand incidents in 2019, only nine hundred seventy incidents were reported to law enforcement, which resulted in seventy-nine arrests and sixty-seven convictions.

     Recognizing the challenges that Hawaii farmers face with regard to agricultural crime, the legislature passed Act 217, Session Laws of Hawaii 2019, which required the department of agriculture to establish a two-year agricultural theft and vandalism pilot project to examine the effectiveness of prosecuting agricultural and vandalism cases in the counties of Hawaii and Maui.  The legislature believes that it is time to replicate this pilot project in the city and county of Honolulu and county of Kauai, which suffered the highest and third highest rates of theft or vandalism of all farms in the State, respectively.

     Accordingly, the purpose of this Act is to establish a two‑year agricultural crime pilot project to examine the effectiveness of prosecuting agricultural crime cases in the city and county of Honolulu and county of Kauai, including agricultural crimes affecting individuals who are not full-time farmers or ranchers.

     SECTION 2.  (a)  The department of agriculture shall:

     (1)  Establish a two-year agricultural crime pilot project to examine and assess the effectiveness of prosecuting agricultural crime cases, including agricultural theft and agricultural vandalism, in the city and county of Honolulu and county of Kauai;

     (2)  Examine and assess the effectiveness of prosecuting agricultural crimes, including the theft of agricultural products produced for personal or commercial use on any land, regardless of land classification, and agricultural vandalism;

     (3)  Partner with the city and county of Honolulu and county of Kauai to hire one full-time equivalent (1.0 FTE) enforcement officer for each county, to be placed within the respective prosecuting attorney's office or any other law enforcement agency; and

     (4)  Assess the implementation of the pilot project, including the pilot project's effectiveness in:

          (A)  Identifying the number of convictions for agricultural crimes, including agricultural theft and agricultural vandalism;

          (B)  Identifying best practices for prosecuting perpetrators of agricultural crimes, including agricultural theft and agricultural vandalism;

          (C)  Identifying best practices for the coordination of local police and other enforcement officers' interaction between the prosecuting attorney's office and the judiciary;

          (D)  Identifying best practices for the development and implementation of the public's and farmers' reporting of agricultural crimes, including agricultural theft, agricultural vandalism, or the attempt of agricultural theft or agricultural vandalism;

          (E)  Identifying areas where agricultural crimes, including agricultural theft and agricultural vandalism, are most prevalent;

          (F)  Identifying best practices for preventing agricultural crimes, including agricultural theft and agricultural vandalism; and

          (G)  Making recommendations for a statewide program to address agricultural crimes, including agricultural theft and agricultural vandalism.

     (b)  Based on the department of agriculture's assessment of the agricultural crime pilot project, the department shall determine whether to continue, expand, or end the pilot project.

     (c)  The department of agriculture shall submit reports to the legislature of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular sessions of 2025 and 2026.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment and implementation of a two-year agricultural crime pilot project pursuant to this Act.

     The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No.    , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or      per cent.  In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $200,000 or      per cent.  The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or      per cent.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 5.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:	_____________________________

 

 

 

 

Report Title:

HDOA; Agricultural Crime Pilot Project; Honolulu; Kauai; Appropriation; Expenditure Ceiling

 

Description:

Requires the Department of Agriculture to establish a two-year agricultural crime pilot project to examine the effectiveness of prosecuting agricultural crimes, including agricultural theft and agricultural vandalism, in the City and County of Honolulu and County of Kauai.  Appropriates funds.

 

 

 

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