Bill Text: HI SB2354 | 2012 | Regular Session | Amended
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-Amended.html
THE SENATE |
S.B. NO. |
2354 |
TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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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 145-22, 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 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 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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. 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. 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 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.