Bill Text: HI SB2354 | 2012 | Regular Session | Introduced
Bill Title: Agricultural Commodities; Criminal Penalties
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2012-04-19 - (S) Conference committee meeting scheduled for 04-23-12 9:30AM in conference room 224. [SB2354 Detail]
Download: Hawaii-2012-SB2354-Introduced.html
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THE SENATE |
S.B. NO. |
2354 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agricultural commodities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 2. 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 3. 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 4. 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon approval.
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INTRODUCED BY: |
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Report Title:
Agricultural Commodities; Criminal Penalties
Description:
Establishes criminal penalties for failure to maintain a certificate of ownership or other written proof of ownership of agricultural commodities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
