Report Title:

Agricultural Commodity Damage; Civil Liability

 

Description:

Establishes that any person who intentionally damages an agricultural commodity known to be part of a product development program shall be liable to damages in the amount of twice the actual damage costs.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

365

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agricultural commodity damage.

 

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

SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Crop damage; civil liability. (a) Any person who willfully or knowingly damages or destroys any agricultural commodity as defined in section 145-21 that is known by the person to be the subject of testing or a product development program being conducted by, or in conjunction or cooperation with the University of Hawaii, the community colleges, or any other federal, state, or county government agency, shall be liable for twice the value of the crop damaged or destroyed.

(b) For purposes of this section, "in conjunction or cooperation with" means having a contract with the University of Hawaii at any campus, including the community college system, or any other federal, state, or local government agency involving testing or a product development program relating to that agricultural commodity.

(c) Damages available under this section shall be limited to twice actual damages involving research, testing, and agricultural commodity development costs directly related to the agricultural commodity that has been damaged or destroyed.

(d) Rights and remedies under this section are in addition to any other rights or remedies otherwise available or penalties that may otherwise be imposed."

SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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