CONFERENCE COMMITTEE REP. NO.74-06

Honolulu, Hawaii

, 2006

RE: H.B. No. 2772

H.D. 1

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

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. 2772, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL PROPERTY DAMAGE TO AGRICULTURAL AND AQUACULTURAL PROPERTY,"

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 protect Hawaii's agricultural and aquacultural industries by establishing that a person commits the offense of criminal property damage:

(1) In the first degree, if the person intentionally or knowingly damages the agricultural or aquacultural equipment, supplies, or products of another without the other's consent, in an amount exceeding $1,500; provided that in calculating the damage, the value of future crops that were damaged is included;

(2) In the second degree, if the person intentionally or knowingly damages the agricultural or aquacultural equipment, supplies, or products of another without the other's consent, in an amount exceeding $500; provided that in calculating the damage, the value of future crops that were damaged is included; and

(3) In the third degree, if the person intentionally damages the agricultural or aquacultural equipment, supplies, or products of another without the other's consent.

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

(1) Clarifying that a person commits the offense of criminal property damage in the third degree if the person intentionally damages the agricultural or aquacultural equipment, supplies, or products of another without the other's consent, in an amount exceeding $100; provided that in calculating the damage, the value of future crops that were damaged is included; and

(2) 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. 2772, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2772, H.D. 1, 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

____________________________

JERRY L. CHANG, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

BLAKE K. OSHIRO, Co-Chair