THE SENATE

S.B. NO.

2354

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURAL COMMODITIES.

 

 

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

 


     SECTION 1.  Section 145-22, Hawaii Revised Statutes, is amended to read as follows:

     "§145-22  Agricultural commodities; ownership and movement certification.  (a)  Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity of more than two hundred pounds or with a value of at least $100 that is marketed for commercial purposes, shall complete a certificate [describing] that describes the commodity and the amount and value of the commodity, and [indicating:] includes:

     (1)  The [seller, owner, buyer, or consignee;] seller's name, residence address, and telephone number, and the license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase;

     (2)  The name of the farm owner and address of origin; [and]

     (3)  The name of the buyer or consignee, and destination[.]; and

     (4)  The signature of the seller and, upon sale, the signature of the buyer or consignee.

     (b)  Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency.  If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller.

     (c)  No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification of identity as required by subsections (a) and (b).  Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police.

     (d)  Two copies of the certificate shall accompany the shipment, and [a] one copy each shall be retained by [the person completing the certificate.] the seller and the buyer or consignee.  One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person [as described in section 145-25.] authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant to this chapter.

     [(b)] (e)  This section shall not apply to the retail sale of an agricultural commodity to the final consumer."

     SECTION 2.  Section 145-23, Hawaii Revised Statutes, is amended to read as follows:

     "§145-23  Lack of proof of ownership as a violation.  The failure of any person who sells, transports, or possesses after sale or transport, agricultural commodities to maintain a certificate of ownership or other written proof of ownership of the agricultural commodity, as described in section 145-22, is a violation of this part[.] and is also prima facie evidence of an offense under section 708-831(1)(e)."

     SECTION 3.  Section 145-25, Hawaii Revised Statutes, is amended to read as follows:

     "§145-25  Enforcement; [citation and summons.] criminal penalties.  Violations of this part or any rule adopted pursuant thereto [may be enforced by citation and summons issued by:] shall be criminal offenses as follows:

     (1)  [Any state or county law enforcement officer; or] A violation in which the value of the agricultural commodity exceeds $100 shall be a class C felony; and

     (2)  [Any officer or employee of the department of agriculture, or any other person, authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto.] A violation in which the value of the agricultural commodity is $100 or less shall be a misdemeanor."

     SECTION 4.  Section 145-27, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§145-27[]]  Authorization to seize and hold commodities; disposition.  (a)  [In addition to the issuance of a citation and summons, upon] Upon reasonable belief that [the] a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee [as described in section 145-25] shall be authorized to hold the agricultural commodity for not longer than forty-eight hours to investigate and ascertain the ownership of the agricultural commodity.  If the lawful owner is determined and located, the agricultural, aquacultural, or horticultural commodity shall be released to the lawful owner.

     (b)  If for any reason the agricultural commodity is not released to the lawful owner after being in the custody of the law enforcement officer or other officer or employee [as described in section 145-25] for forty-eight hours, or less in the case of highly perishable commodities, the commodity may be sold at fair market value to any retailer, wholesaler, or packer of the commodity.  All of the proceeds derived from the sale shall be held by the law enforcement officer or other officer or employee [as described in section 145-25] for not longer than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds.  The owner may be held responsible for any costs and expenses that may be incurred by the law enforcement officer or other officer or employee [as described in section 145-25].  Any proceeds of sale not recovered within six months for lack of a claim or for insufficient proof shall be treated as unclaimed property of the State.

     (c)  Any commodity that remains unsold after being offered for sale pursuant to this section may be donated to a nonprofit charitable organization or destroyed at the discretion of the law enforcement officer or other officer or employee [as described in section 145-25].

     (d)  For the purposes of this section, "officer or employee" means any officer or employee of the department of agriculture, or any other person, authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto."

     SECTION 5.  Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of theft in the second degree if the person commits theft:

     (a)  Of property from the person of another;

     (b)  Of property or services the value of which exceeds $300;

     (c)  Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or where there is prominently displayed on the premises a sign or signs sufficient to give notice and reading [as follows:] "Private Property"; [or]

     (d)  Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or where there is prominently displayed on the premises a sign or signs sufficient to give notice and reading [as follows:]  "Private Property"[.  The]; provided that the sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line.  Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen[.]; or

     (e)  Of agricultural commodities marketed for commercial purposes and for which the person has failed to maintain a certificate of ownership as required pursuant to section 145-22.  Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen."

     SECTION 6.  Section 145-26, Hawaii Revised Statutes, is repealed.

     ["[§145-26]  Form of citation and summons.  (a)  In issuing citations and summons for violations of this part, state and county law enforcement officers shall use the summons and complaint citation books issued by the judiciary for violations of the traffic code.

     (b)  Citations issued by officers and employees as described in section 145-25(2) shall use citation and summons forms that shall warn the person to appear and answer the charge against the person at a place and at a time within thirty days after the citation.

     The citation and summons shall be in a form that allows a carbon copy to be provided to the accused.  The district courts may provide for the disposition of the original and any other copies.  Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original."]

     SECTION 7.  Section 145-28, Hawaii Revised Statutes, is repealed.

     ["[§145-28]  Administration of oath.  When a complaint is made by officers and employees as described in section 145-25(2) to any prosecuting officer of the violation of this part or of any rules adopted pursuant thereto, the officer or employee who issued the citation and summons shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson of the board of agriculture to administer the oaths."]

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on January 20, 2020.



 

Report Title:

Agricultural Commodities; Criminal Penalties

 

Description:

Requires proof of identification from sellers of agricultural commodities.  Establishes criminal penalties for failure to maintain a certificate of ownership or other written proof of ownership of agricultural commodities.  Makes theft of agricultural commodities an offense of theft in the second degree and establishes lack of ownership or movement certificates as prima facie evidence of the theft.  Effective January 20, 2020.  (SB2354 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.