CONFERENCE COMMITTEE REP. NO.78

Honolulu, Hawaii

, 2005

RE: H.B. No. 1202

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1202, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL TRESPASSING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to deter trespassing on agricultural land by establishing that a person commits the offense of criminal trespass in the second degree if the person enters or remains on agricultural lands that:

(1) Are fenced, enclosed, or secured in a manner designed to exclude intruders;

(2) Have a sign or signs prominently displayed on unenclosed cultivated or uncultivated agricultural land providing sufficient notice and reading as follows: "Private Property"; or

(3) Have a visible presence of a crop either under cultivation, in the process of being harvested, or that has been harvested and marketable at the time of entry.

After careful consideration, your Committee on Conference has amended this measure by:

(1) Specifying that a person commits criminal trespass in the second degree if the person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land;

(2) Removing the requirement that any crop that has been harvested also be marketable; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1202, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1202, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

RUSSELL S. KOKUBUN, Chair

__________________________

FELIPE P. ABINSAY, JR., Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

SYLVIA LUKE, Co-Chair