STAND. COM. REP. NO.
36SI
Honolulu, Hawaii
APR 0 3 2W4
RE: S.R. No. 138
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committees on Agriculture and Environment and Judiciary,
to which was referred S.R. No. 138 entitled:
"SENATE RESOLUTION URGING THE DEPARTMENT OF AGRICULTURE TO
ESTABLISH A TWO-YEAR AGRICULTURAL CRIME PILOT PROJECT TO
EXAMINE AND ASSESS THE EFFECTIVENESS OF PROSECUTING
AGRICULTURAL CRIME CASES, INCLUDING THOSE OF AGRICULTURAL
THEFT AND AGRICULTURAL VANDALISM, IN THE STATE,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Urge the Department of Agriculture to establish a two-
year Agricultural Crime Pilot Project to examine and
assess the effectiveness of prosecuting agricultural
crime cases, including those of agricultural theft and
agricultural vandalism, in the State; and
(2) Request the Department of Agriculture to:
(A) Examine and assess the effectiveness of prosecuting
agricultural crimes;
(B) Coordinate with the Department of Law Enforcement
and each of the four counties to hire enforcement
officers for each county;
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(C) Assess the implementation of the pilot project,
including the pilot project's effectiveness, to
determine whether to continue, make permanent, or
end the pilot project;
(D) Submit an interim report to the Legislature before
the Regular Session of 2025; and
(E) Submit a final report to the Legislature before the
Regular Session of 2026.
Your Committee received testimony in support of this measure
from the Department of Agriculture; Department of Law Enforcement;
Hawaii Cattlemen's Council, Inc.; Hawai‘i Farm Bureau; Kapapala
Ranch; and two individuals.
Your Committees find that greater protections are needed for
farmers and ranchers in the State. Your Committees recognize that
agricultural crimes, including agricultural theft, vandalism, and
trespass, increase the costs of production and decrease the
chances for local farming and ranching operations to succeed.
Your Committees note that the Legislature passed Act 217, Session
Laws of Hawaii 2019, which established a two-year Agricultural
Theft and Vandalism Pilot Program to examine the effectiveness of
prosecuting agricultural theft and vandalism cases in the counties
of Hawaii and Maui, including cases of theft and vandalism that
affect individuals who are not full-time farmers or ranchers. The
requested actions in this measure seek to decrease agricultural
crimes and provide resources to suppress incidences and losses to
farmers, ranchers, aquaculturists, and floriculturists in the
State.
Your Committees further note that a joint informational
briefing was held earlier this legislative session to address the
safety issues faced by farmers and ranchers in relation to
agriculture-related crimes by identifying the root of these
issues, addressing previous roadblocks, and identifying potential
solutions. Amendments to this measure are therefore necessary to
incorporate proposed solutions from this informational briefing.
Accordingly, your Committees have amended this measure by:
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STAND. COM. REP. NO.
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(1) Specifying that trespass is a category of agricultural
crime;
(2) Inserting language that requests the Department of
Agriculture to:
(A) Create a Crimestoppers Anonymous phone line
specifically for individuals who wish to report an
agricultural crime but do not wish to be named;
(B) Create a more comprehensive, accessible online form
that makes it easier for farmers and ranchers to
report agricultural crimes; and
(C) Coordinate with the Department of Law Enforcement
to form an Agricultural Crime Task Force; provided
that an interpreter be a part of the Task Force
through the Department of Agriculture that can
represent farmers who may speak languages other
than English;
(3) Amending its title to reflect its amended purpose; and
(4) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
Your Committees also note that other states, including
Montana and Texas, have established Agricultural and Livestock
Commissions and further find that the establishment of an
Agricultural and Livestock Commission in the State would augment
and enhance current law enforcement efforts on agricultural
crimes. Your Committees additionally find that the establishment
of an Agricultural and Livestock Commission modeled after those in
other states will allow for coordination and sharing of
information between state and federal agencies, ensure that policy
initiatives pertaining to the livestock and agricultural sectors
are adequately represented and enforced, and allow for a separate,
dedicated branch of the Department of Law Enforcement to conduct
professional law enforcement investigations to solve and prevent
livestock and agriculture-related criminal activities in the
State. As such, your Committees respectfully request that the
Department of Agriculture or other appropriate agency establish an
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Agricultural and Livestock Commission to be part of the
conversation in regards to agricultural crimes.
As affirmed by the records of votes of the members of your
Committees on Agriculture and Environment and Judiciary that are
attached to this report, your Committees concur with the intent
and purpose of S.R. No. 138, as amended herein, and recommend its
adoption in the form attached hereto as S.R. No. 138, S.D. 1.
Respectfully submitted on
behalf of the members of the
Committees on Agriculture and
Environment and Judiciary,
KARL RHOADS, Chair MIKE GABBARD, Chair
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The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Agriculture and Environment
AEN
Bill / Resolution No.:* Committee Referral: Date:
’4/1/102'+
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ______________________________________
The Recommendation is:
Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311 2310 2313
Members Aye Aye (WR) Nay Excused
GABBARD, Mike (C)
RICHARDS, III, Herbert M. “Tim” (VC)
DECOITE, Lynn
RHOADS, Karl
AWA, Brenton
TOTAL
0
Recommendation:
J^^;^dopted __ Not Adopted
Chair’s or Designee’s Sigtflature: /i /I___ /ia X
Distribution; Original Yellow Pink / Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/27/23
The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Judiciary
JDC
Bill / Resolution No.:* Committee Referral: Date:
OH loi I-ZH
__ The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to; ______________________________________
The Recommendation is:
__ Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311_______________ 2310________ 2313
Members Aye Aye (WR) Nay Excused
RHOADS, Karl (C)
GABBARD, Mike (VC)
ELEFANTE, Brandon J.C.
SAN BUENAVENTURA, Joy A.
AWA, Brenton
TOTAL
Recommendation:
Adopted __ Not Adopted
Chair’s or Designee’s Signature:
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22