Hawaii-2012-SB2374-Introduced

SECTION 1. The legislature finds that agricultural commodities thieves are a threat to Hawaii's food self-sufficiency by driving local farmers out of business and further finds that existing law intended to criminalize the theft of agricultural products from farms is inadequate to deter thefts of agricultural commodities. Farmers have resorted to barricading and fencing farm fields, as well as posting security guards on a twenty-four hour basis to catch thieves in the act in the middle of the night. The intent of this Act is to deter thieves by making it more difficult for thieves to sell stolen agricultural commodities.

The purpose of this Act is to clarify the requirements for agricultural commodities certificates and to include theft of agricultural commodities under existing law for theft of agricultural products.

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 and indicating[:] the following information about the commodity:

(1) The seller, owner, buyer, or consignee[;] and the respective residential and business address and telephone number of each;

(2) The origin[~~; and~~], including the name of the farm owner and address of the farm from which the commodity originated;

(3) The address of the destination[.];

(4) The amount and value;

(5) The license plate number of any vehicle used to deliver the commodity to the place of purchase;

and

(6) The signature of the seller and buyer or consignee on an invoice;

provided that, in addition to paragraphs (1) to (6), the seller shall provide to the buyer or consignee a valid and current photo identification of the seller issued by a state or federal agency authorized to issue photo identifications and, if the agricultural commodity being sold has a value of $300 or more, a photocopy of the photo identification.

(b) No agricultural commodity may be bought or transferred unless the seller produces to the buyer or consignee a valid and current agricultural commodity certificate with the required information, identification, and signatures under subsection (a). The prospective buyer or transferee shall notify the county law enforcement agency of any seller who has attempted to sell an agricultural commodity without an agricultural commodity certificate.

(c) [~~Two~~] Three copies of the certificate shall accompany the shipment[~~, and a~~] -- one copy shall be retained by the [~~person completing the certificate. One of the copies of the certificate~~] seller, one copy shall be retained by the buyer or consignee, and one copy 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)~~] (d) 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. Violation of this section shall constitute prima facie evidence proving a lack of ownership for purposes of an offense of theft in the second degree under section 708-831."

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]

(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". 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 chapter 145, is prima facie evidence that the agricultural commodities are or have been stolen."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2374
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII