Report Title:

Agricultural Crime Abatement Task Force

Description:

Establishes a temporary interagency Agricultural Crime Abatement Task Force within the Department of Agriculture, with cooperation from the Attorney General, to develop programs and policies to abate agricultural crime. Appropriates funds. (HB1082 HD3)

HOUSE OF REPRESENTATIVES

H.B. NO.

1082

TWENTY-THIRD LEGISLATURE, 2005

H.D. 3

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

MAKING AN APPROPRIATION TO ABATE AGRICULTURAL THEFT.

 

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

SECTION 1. The legislature finds that while agriculture is a $500,000,000 industry in Hawaii, losses incurred by agriculturists statewide due to agricultural theft or vandalism amount to millions of dollars annually. These losses include the theft or destruction of crops; theft of equipment, fertilizers, herbicides, and seed; and theft or destruction of security measures such as surveillance equipment, fences, and gates. Nationally, stolen farm and construction equipment losses amount to an estimated $1,000,000,000, and losses of up to $1,000,000 each year are incurred on Hawaii island alone. The theft of agricultural commodities increases each year at an alarming rate, leading to huge losses for large and small farmers.

The legislature also finds that a farmer recently was accused of murder in the shotgun death of an intruder with whom he had an altercation after finding a bag containing stolen farm equipment nearby. The intruder had multiple arrests and convictions, and an autopsy revealed the presence of methamphetamine in his system. With farmers suffering from these kinds of losses and the heightened risk of violence that may result from farmers attempting to protect their equipment and products, the sustainability of many agricultural ventures is in jeopardy.

The legislature further finds that steps have been taken to address the problem of agricultural theft and vandalism. In 1998, legislation was passed that requires a bill of sale for commodities valued at more than $100, or that weigh more than two hundred pounds, to assist investigators in tracking agricultural commodities. In 2001, the senate committee on agriculture conducted statewide hearings on the issue of agricultural theft, which found, among other things, that a coordinated effort by all affected parties would be needed to deter agriculture-related thefts. The senate committee took note that, in California, an interagency task force was established, consisting of representatives from state and county law enforcement agencies and the farming community, to develop and implement non-statutory solutions, such as educational seminars and other means to deter the loss of agricultural commodities and equipment. However, in 2002, legislation to establish a task force to develop and implement strategies to deter agricultural theft throughout the state was not passed.

The legislature believes that the formation of such a task force is still needed. Strategies to be considered include:

(1) Establishing a system that follows the transfer of a commodity from farmer to wholesaler to retailer, to deter crime and to permit inspection of supporting documentation at each step in the chain of distribution;

(2) Requiring freight carriers, including airlines, to inspect documentation for commodities shipped interisland;

(3) Training enforcement officials to follow the paper trail from retail outlets back to the thieves;

(4) Facilitating establishment of "farm watch" programs in agricultural areas of the state to allow farmers to assist each other and develop working relationships with enforcement officials;

(5) Increasing penalties under current law for theft and creating new offenses such as "trespass on agricultural land with intent to commit theft or while armed with a dangerous weapon";

(6) Establishing law enforcement task forces to conduct targeted enforcement efforts in areas suffering the greatest losses, to inspect documentation at shippers, wholesalers, and retailers, and to conduct "sting" operations to buy stolen commodities; and

(7) Identifying sources of funding necessary to implement the task force's recommendations.

The purpose of this Act is to:

(1) Establish a temporary agricultural crime abatement task force to develop policies and programs for implementation by the department of agriculture to abate agriculture-related crime throughout the state; and

(2) Appropriate funds for the establishment and operation of the task force.

SECTION 2. There is established an agricultural crime abatement task force within the department of agriculture, with cooperation from the department of the attorney general. The task force shall include members chosen by the chairperson of the board of agriculture and the attorney general from the various county prosecutors' offices and police departments, department of agriculture, department of the attorney general, agricultural community, and other representatives as the chairperson of the board of agriculture and attorney general deem appropriate. The chairperson of the board of agriculture or the chairperson's designee shall serve as chair of the task force.

The task force shall develop policies and programs for implementation by the department of agriculture to abate agriculture-related crime, including agricultural theft, throughout the state. The department of agriculture shall provide logistical and staff support to the task force.

The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2006.

The task force shall cease to exist on June 30, 2006.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for the purpose of establishing and operating an agricultural crime abatement task force.

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

SECTION 4. This Act shall take effect upon its approval, except that section 3 shall take effect on July 1, 2005.