Bill Text: HI SCR164 | 2024 | Regular Session | Amended
Bill Title: Urging The Department Of Agriculture To Establish A Two-year Agricultural Crime Pilot Project To Examine And Assess The Effectiveness Of Prosecuting Agricultural Crime Cases, Including Those Of Agricultural Theft, Vandalism, And Trespass, In The State.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-04-15 - Report adopted; referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ganaden, Garcia, Hashem, Holt, Poepoe, Yamashita excused (7). [SCR164 Detail]
Download: Hawaii-2024-SCR164-Amended.html
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THE SENATE |
S.C.R. NO. |
164 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
URGING THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A TWO-YEAR AGRICULTURAL CRIME PILOT PROJECT TO EXAMINE AND ASSESS THE EFFECTIVENESS OF PROSECUTING AGRICULTURAL CRIME CASES, INCLUDING THOSE OF AGRICULTURAL THEFT, VANDALISM, AND TRESPASS, IN THE STATE.
WHEREAS, agricultural crimes, which include agricultural theft, vandalism, and trespass, are a persistent issue affecting farmers and ranchers of the State; and
WHEREAS, according to a recent publication by the United States Department of Agriculture and Hawaii Department of Agriculture in 2019, there were nearly nineteen thousand incidents of theft, vandalism, and trespassing on farms in the State; and
WHEREAS, these incidents cost Hawaii farms approximately $14,400,000, or ten percent of the estimated 2018 Hawaii net farm income, in theft and vandalism losses and security costs; and
WHEREAS, some individuals trespass onto farm property, often armed with weapons and accompanied by dogs, to illegally hunt, which can be particularly dangerous and destructive for farming operations and can result in destroyed crops, lost livestock, illegal drug use, litter, and discarded animal carcasses on farm property; and
WHEREAS, agricultural crimes, including agricultural theft, vandalism, and trespass, increase the costs of production and decrease the chances for farming and ranching operations to succeed; and
WHEREAS, despite the prevalence and cost of agricultural crimes, many incidents go unreported and few result in convictions; and
WHEREAS, of the nearly nineteen thousand incidents in 2019, only nine hundred seventy incidents were reported to law enforcement, which resulted in seventy-nine arrests and sixty-seven convictions; and
WHEREAS, recognizing the challenges that local farmers face regarding agricultural crimes, the Legislature passed Act 217, Session Laws of Hawaii 2019, which established a two-year Agricultural Theft and Vandalism Pilot Project to examine the effectiveness of prosecuting agricultural theft and vandalism cases in the counties of Hawaii and Maui, and included cases of theft and vandalism that affect individuals who are not full-time farmers or ranchers; and
WHEREAS, this body believes that it is time to expand the Agricultural Theft and Vandalism Pilot Project statewide as it will provide resources to suppress incidences of agricultural crimes and losses to farmers, ranchers, aquaculturists, and floriculturists in the State; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that the Department of Agriculture is urged to establish a two-year Agricultural Crime Pilot Project to examine and assess the effectiveness of prosecuting agricultural crime cases, including those of agricultural theft, vandalism, and trespass, in the State; and
BE IT FURTHER RESOLVED that the Department of Agriculture is also requested to:
(1) Examine and assess the effectiveness of prosecuting agricultural crimes, including the theft of agricultural products produced for personal or commercial use on any land, regardless of land classification; agricultural vandalism; and trespass onto a private farm or ranch;
BE IT FURTHER RESOLVED that the Department of Agriculture is requested to coordinate with the Department of Law Enforcement to form an Agricultural Crime Task Force; provided that an interpreter be a part of the Task Force through the Department of Agriculture that can represent farmers who may speak languages other than English; and
BE IT FURTHER RESOLVED that the Department of Agriculture is requested to coordinate with the Department of Law Enforcement and each of the four counties to hire enforcement officers for each county; and
BE IT FURTHER RESOLVED that the Department of Agriculture is requested to assess the implementation of the pilot project, including the pilot project's effectiveness, to determine whether to continue, make permanent, or end the pilot project, by:
(1) Identifying the number of convictions for agricultural crimes;
(2) Identifying best practices for prosecuting perpetrators of agricultural crimes;
(3) Identifying best practices for the coordination of local police and other enforcement officers' interaction between the prosecuting attorney's office and the Judiciary;
(4) Identifying best practices for the development and implementation of the public's and farmers' reporting of agricultural crimes or the attempt of agricultural theft or agricultural vandalism;
(5) Identifying areas where agricultural crimes are most prevalent;
(6) Identifying best practices for preventing agricultural crimes; and
(7) Making recommendations for a statewide program to address agricultural crimes; and
BE IT FURTHER RESOLVED that the Department of Agriculture is requested to submit an interim report to the Legislature of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2025; and
BE IT FURTHER RESOLVED that the Department of Agriculture is requested to submit a final report to the Legislature of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2026; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Agriculture, Director of Law Enforcement, and Prosecuting Attorneys and Chiefs of Police of each county.
Department of Agriculture; Department of Law Enforcement; Agricultural Crime Pilot Project; Report
