SB 762: RELATING TO AGRICULTURAL CRIMES.

A BILL FOR AN ACT

RELATING TO AGRICULTURAL CRIMES.

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

     SECTION 1.  The legislature finds that in 2019, the United States Department of Agriculture recorded a total estimated loss of $14.4 million nationwide from theft and vandalism within the agricultural sector.  Trespass and the theft of farm equipment, agricultural products, commodities, livestock and cattle, and other related resources, in addition to illegal hunting and poaching, are some of the traditionally reported crimes in the agricultural sector.  However, recent reports of violent crimes and fatal shootings on agricultural land on Oahu's leeward coast have highlighted the severity of the challenges facing the State in how to effectively mitigate and prevent agricultural crimes.

     The legislature additionally finds that the State lacks a dedicated law enforcement unit designed and equipped to address the unique and specific types of crimes that occur within the agricultural sector.  Often, these crimes occur in rural and geographically isolated locations, making it challenging to timely respond to and adequately address reports of the crimes.  Moreover, it can be burdensome, if not impossible, for large tracts of land, farms, and ranches to implement traditional crime deterrence methods, such as adequate lighting and fencing, alarm systems, surveillance, and private security or increased police presence.  Low police staffing and watch strength in rural locations can exacerbate already existing limitations in security measures for farmers and adds to the vulnerability of these agricultural properties.

     The legislature recognizes that, while agricultural lands are included as a category in many of the State's laws establishing certain crimes, limited resources make it difficult to respond to these crimes effectively.  Further, due to these limited resources, traditional enforcement efforts tend to prioritize more high-profile violent crimes, resulting in a low prosecution rate for agricultural crimes.  This is evidenced by the fact that agricultural crimes are typically included in general crime statistics reported by various law enforcement agencies, which often makes it challenging to gather important data pertinent specifically to agricultural crimes.  Despite statistics that have been made available through self-reporting, prosecution rates for agricultural crimes remain low.

     The legislature further finds that certain counties in California with large agricultural-based economies have had success in implementing crime prevention programs to address the issues related to agricultural crimes through targeted enforcement and prevention strategies, including the utilization of a centralized database to track incidents of agricultural crime, analyze trends, and share intelligence among agencies to enable a swift response to emerging threats.  These programs have also contributed to efforts in advocating for legislative changes to strengthen agricultural laws and penalties and shaping policies that reflect the importance of protecting the agricultural industry.

     It is therefore the legislature's intent to establish a similar program through the creation of the Hawaii agricultural crimes council to help the State address resource limitations and enforcement capabilities, enhance data collection, identify and mitigate criminality, provide education and awareness, and restore public trust in law enforcement to adequately prosecute agricultural crimes.

     The legislature further finds that there is no existing consistent and reliable funding mechanism in place to support the efforts of an independent agency to enforce laws related to agricultural crimes, such as the Hawaii agricultural crimes council.  The legislature further finds that secure funding for the Hawaii agricultural crimes council is necessary to ensure its continued operation and functions, including but not limited to the purchase of necessary equipment and appropriations for position salaries.

     Accordingly, the purpose of this Act is to:

     (1)  Establish the Hawaii agricultural crimes council;

     (2)  Require the department of agriculture to collaborate with and support the council; and

     (3)  Provide dedicated funding through the agricultural enforcement special fund established in Act      , Regular Session of 2025, for the council's establishment and continued operations.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

hawaii AGRICULTURAL crimes council

     §   -1  Definitions.  In this chapter:

     "Council" means the Hawaii agricultural crimes council.

     "Department" means the department of agriculture.

     §   -2  Hawaii agricultural crimes council; establishment; composition; executive director.  (a)  There is established the Hawaii agricultural crimes council for the special purpose of developing agricultural crime prevention, problem solving, and crime control recommendations and implementing related programs to encourage timely reporting of agricultural crimes and to evaluate the results of these activities.

     (b)  The council shall be placed within the department for administrative purposes only and shall comprise:

     (1)  The chairperson of the board of agriculture or the chairperson's designee;

     (2)  The attorney general or the attorney general's designee;

     (3)  The prosecuting attorney of each county or each prosecuting attorney's designee;

     (4)  The director of law enforcement or the director's designee;

     (5)  The chief of police of each county or each chief's designee;

     (6)        individuals with experience as an agricultural producer in the State, to be appointed by the governor without regard to section 26-34;

     (7)        individuals who represent environmental organizations, to be appointed by the governor without regard to section 26-34; and

     (8)        individuals who serve as community representatives, to be appointed by the governor without regard to section 26-34.

     (c)  Members appointed by the governor under subsection (b)(6), (7), and (8) shall serve for four-year terms.  The council shall select a chairperson from among its members.  The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (d)  The council shall appoint, exempt from chapters 76 and 84, an executive director, who shall serve at the pleasure of the council.  The executive director shall oversee the operations, strategic planning, and coordination with stakeholders in the State's agricultural community.

     §   -3  Hawaii agricultural crimes council; duties.  (a)  The Hawaii agricultural crimes council shall provide policy level direction, coordination, and planning among appropriate state and county departments to provide for the protection and safety of the State's agricultural industry by creating statewide standards and methods of detecting and tracking agricultural crimes.

     (b)  The council shall develop an agricultural crime prevention program that includes a system for reporting agricultural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution.  The council may develop computer software and use communication technology to implement the reporting system; provided that the council shall not be limited to the use of these means to achieve its stated goals.

     (c)  The council shall develop a uniform procedure for all counties to collect, and each county shall collect, data on agricultural crimes.  The council shall also establish a central database for the collection and maintenance of data on agricultural crimes.  The counties shall adopt ordinances for the implementation and administration of this section.

     (d)  The council shall examine existing state laws concerning agricultural crimes and consider proposed legislation to strengthen laws and penalties.

     (e)  The council shall create a public awareness campaign for agricultural producers to promote education concerning:

     (1)  How to report agricultural crimes and the importance of reporting all crimes;

     (2)  Laws specific to agricultural crimes;

     (3)  Good business practices; and

     (4)  Crime prevention.

     (f)  The council shall make recommendations and provide training to county law enforcement agencies to promote awareness of specific agricultural crime laws, including:

     (1)  How to understand agricultural crime victims;

     (2)  Appointing designated points of contacts within county law enforcement agencies to handle reports of agricultural crimes; and

     (3)  The establishment of a task force to educate producers and consumers about agricultural crimes, crime prevention for agricultural producers, and how to conduct follow up investigations on reports of agricultural crime.

     (g)  The council may consult with experts from the United States military, United States Department of Justice, state department of defense, other law enforcement agencies, and various other state and private organizations as deemed necessary to maximize the effectiveness of the council.

     (h)  The council shall ensure necessary funding for agricultural crime suppression programs.

     (i)  The council may solicit media and community support to promote its programs.

     (j)  The council shall meet not less than       times annually to discuss and assess progress and recommended changes to its programs based on the results of its assessments and other relevant data.  Notwithstanding any law to the contrary:

     (1)  A simple majority of the members of the council shall constitute a quorum to do business; and

     (2)  Any action taken by the council shall be by a simple majority of the members.

     (k)  The council may adopt rules pursuant to chapter 91 to effectuate this chapter.

     (l)  The council shall submit annual reports to the legislature, no later than twenty days prior to the convening of each regular session, detailing:

     (1)  The progress of its duties as established in this chapter;

     (2)  Recommended initiatives and strategies, as well as a plan for implementation; and

     (3)  Any recommendations or proposed legislation.

     §   -4  Agricultural crimes control; investigators; powers; duties.  (a)  The council shall appoint and commission one or more investigators as required to investigate agricultural crimes.  Persons appointed and commissioned under this section may exercise all the powers and authority of a law enforcement officer; provided that the persons so appointed and commissioned shall not carry any firearms.  In addition to enforcing title 11 and rules adopted thereunder, the investigators may enforce all other state laws and rules, and county ordinances within all lands of the State; provided that these powers shall remain in force and effect only while in the actual performance of their duties, which shall include off-duty employment when the employment is for other state departments or agencies.  An investigator appointed under this section shall focus their efforts on agricultural crimes and work with the counties as partners to address and prevent agricultural crime on a state and local basis.

     (b)  An investigator, upon arresting any person for violation of title 11, any rule adopted thereunder, or any other state law or rule, may immediately take the person arrested to a police station or before a district judge, or take the name, address, and the number of the fishing, hunting, or other licenses or permits, if any, of the person, and note the violation of the law or rule by the person, and issue the person a summons or citation, printed in the form described in section 142-30, warning the person to appear and to answer the charge against the person at a certain place and time within thirty days after the arrest.

     (c)  Investigators appointed under subsection (a), shall:

     (1)  Enforce title 11, and rules adopted thereunder;

     (2)  Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

     (3)  Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for agricultural activities within the State;

     (4)  Check and verify all leases, permits, and licenses issued by the department of agriculture; and

     (5)  Carry out other duties and responsibilities as the agricultural crimes council from time to time may direct. 

     (d)  Every state and county officer charged with the enforcement of laws and ordinances shall assist in the enforcement of title 11 and rules adopted thereunder.

     §   -5  Moneys, revenues, and fines; disposition.  All moneys, revenues, and fines received and processed by the Hawaii agricultural crimes council shall be deposited into the agricultural enforcement special fund established under Act      , Regular Session of Hawaii 2025.  Moneys in the agricultural enforcement special fund shall be expended to cover the costs of the council, including the costs of salaries, fringe benefits, and operating expenses."

     SECTION 3.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following:  behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the University of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

    (33)  The executive director and seven full-time administrative positions of the school facilities authority;

    (34)  Positions in the Mauna Kea stewardship and oversight authority;

    (35)  In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

    (36)  In the social services division of the department of human services, the business technology analyst;

    (37)  The executive director and staff of the 911 board;

[[](38)[]]Senior software developers in the department of taxation;

[[](39)[]]In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

[[](40)[]]The state fire marshal; [and

 [](41)[]]The administrator for the law enforcement standards board[.]; and

    (42)  The executive director of the Hawaii agricultural crimes council.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

     SECTION 4.  Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

     "§141-1  Duties in general.  The department of agriculture shall:

     (1)  Gather, compile, and tabulate, from time to time, information and statistics concerning:

          (A)  Entomology and plant pathology:  Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet in the State; and

          (B)  General agriculture:  Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

     (2)  Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

     (3)  Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on any terms the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department.  Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, and 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

     (4)  Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

     (5)  Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

     (6)  Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

     (7)  Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

     (8)  Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; plan, design, construct, operate, manage, maintain, repair, demolish, and remove infrastructure or improvements on any lands under the jurisdiction of the department; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes.  In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; [and]

     (9)  Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction[.];

    (10)  Collaborate with the Hawaii agricultural crimes council established pursuant to section    -2 to enhance the investigation, prevention, and prosecution of agricultural-related crimes by:

          (A)  Sharing relevant information and data related to agricultural crimes, such as theft, fraud, animal cruelty, environmental violations, and other offenses that impact agriculture in the State;

          (B)  Providing technical assistance and expertise in identifying and responding to emerging threats and criminal activities that affect the agricultural industry, and fostering intergovernmental relationships between departments and agencies that are tasked with regulating and enforcing agricultural laws in the State;

          (C)  Assisting in the development of policies, strategies, and educational programs that raise awareness of agricultural crimes and prevent illegal activities in the agricultural industry;

          (D)  Designating a liaison within the department to serve as the primary point of contact for the Hawaii agricultural crimes council and coordinate joint efforts between the department and the council;

          (E)  Supporting joint task forces or initiatives that focus on high priority agricultural crime issues and cases, as directed by the Hawaii agricultural crimes council; and

          (F)  Providing resources and funding to facilitate the operations of the Hawaii agricultural crimes council that strengthen statewide agricultural crimes enforcement efforts, as appropriate;

    (11)  Partner with other state and federal agencies, law enforcement, and stakeholders to address agricultural crimes and ensure that a full range of resources and expertise is available to protect Hawaii's agricultural industry; and

    (12)  Periodically report to the governor and the legislature on the progress and outcomes of the department's collaboration with the Hawaii agricultural crimes council, including any proposed legislation or policy recommendations."

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and operation of the Hawaii agricultural crimes council, to be expended as follows:

     (1)  $           to establish one full-time equivalent (1.0 FTE) executive director position;

     (2)  $           to establish one full-time equivalent (1.0 FTE) staff assistant position;

     (3)  $           to establish two full-time equivalent (2.0 FTE) deputy inspector positions; and

     (4)  $           for the establishment of a preliminary operating budget for the Hawaii agricultural crimes council.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.

Report Title:

DOA; Hawaii Agricultural Crimes Council; Establishment; Agricultural Enforcement Special Fund; Positions; Appropriations

Description:

Establishes the Hawaii Agricultural Crimes Council.  Expands the duties of the Department of Agriculture to collaborate with and support the Council.  Requires all moneys, revenues, and fines received and processed by the Council to be deposited into the Agricultural Enforcement Special Fund.  Allows moneys in the Agricultural Enforcement Special Fund to be expended to cover the costs of the Council.  Establishes positions.  Appropriates funds.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

relating to agricultural crimes.

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

     SECTION 1.  The legislature finds that in 2019, the United States Department of Agriculture recorded a total estimated loss of $14.4 million nationwide from theft and vandalism within the agricultural sector.  Trespass and the theft of farm equipment, agricultural products, commodities, livestock and cattle, and other related resources, in addition to illegal hunting and poaching, are some of the traditionally reported crimes in the agricultural sector.  However, recent reports of violent crimes and fatal shootings on agricultural land on Oahu's leeward coast have highlighted the severity of the challenges facing the State in how to effectively mitigate and prevent agricultural crimes.

     The legislature additionally finds that the State lacks a dedicated law enforcement unit designed and equipped to address the unique and specific types of crimes that occur within the agricultural sector.  Often, these crimes occur in rural and geographically isolated locations, making it challenging to timely respond to and adequately address reports of the crimes.  Moreover, it can be burdensome, if not impossible, for large tracts of land, farms, and ranches to implement traditional crime deterrence methods, such as adequate lighting and fencing, alarm systems, surveillance, and private security or increased police presence.  Low police staffing and watch strength in rural locations can exacerbate already existing limitations in security measures for farmers and adds to the vulnerability of these agricultural properties.

     The legislature recognizes that, while agricultural lands are included as a category in many of the State's laws establishing certain crimes, limited resources make it difficult to respond to these crimes effectively.  Further, due to these limited resources, traditional enforcement efforts tend to prioritize more high-profile violent crimes, resulting in a low prosecution rate for agricultural crimes.  This is evidenced by the fact that agricultural crimes are typically included in general crime statistics reported by various law enforcement agencies, which often makes it challenging to gather important data pertinent specifically to agricultural crimes.  Despite statistics that have been made available through self-reporting, prosecution rates for agricultural crimes remain low.

     The legislature further finds that certain counties in California with large agricultural-based economies have had success in implementing crime prevention programs to address the issues related to agricultural crimes through targeted enforcement and prevention strategies, including the utilization of a centralized database to track incidents of agricultural crime, analyze trends, and share intelligence among agencies to enable a swift response to emerging threats.  These programs have also contributed to efforts in advocating for legislative changes to strengthen agricultural laws and penalties and shaping policies that reflect the importance of protecting the agricultural industry.

     It is therefore the legislature's intent to establish a similar program through the creation of the Hawaii agricultural crimes council to help the State address resource limitations and enforcement capabilities, enhance data collection, identify and mitigate criminality, provide education and awareness, and restore public trust in law enforcement to adequately prosecute agricultural crimes.

     The legislature finds that there is no existing consistent and reliable funding mechanism in place to support the efforts of an independent agency to enforce laws related to agricultural crimes, such as the Hawaii agricultural crimes council.  The legislature further finds that secure funding for the Hawaii agricultural crimes council is necessary to ensure its continued operation and functions, including but not limited to the purchase of necessary equipment and appropriation for position salaries.

     Accordingly, the purpose of this Act is to:

     (1)  Establish the Hawaii agricultural crimes council;

     (2)  Require the department of agriculture to collaborate with and support the council; and

     (3)  Provide dedicated funding through the animal industry special fund for the council's establishment and continued operations.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter     

hawaii AGRICULTURAL crimes council

     §   -1  Definitions.  In this chapter, unless the context otherwise requires:

     "Council" means the Hawaii agricultural crimes council.

     "Department" means the department of agriculture.

     §   -2  Hawaii agricultural crimes council; establishment; composition; executive director.  (a)  There is established the Hawaii agricultural crimes council for the special purpose of developing agricultural crime prevention, problem solving, and crime control recommendations and implementing related programs to encourage timely reporting of agricultural crimes and to evaluate the results of these activities.

     (b)  The council shall be placed within the department for administrative purposes only and shall comprise:

     (1)  The chairperson of the board of agriculture;

     (2)  The attorney general;

     (3)  The prosecuting attorney of each county;

     (4)  The director of law enforcement;

     (5)  The chief of police of each county;

     (6)        individuals with experience as an agricultural producer in the State, to be appointed by the governor without regard to section 26-34, Hawaii Revised Statutes;

     (7)        individuals who represent environmental organizations, to be appointed by the governor without regard to section 26-34, Hawaii Revised Statutes; and

     (8)        individuals who serve as community representatives, to be appointed by the governor without regard to section 26-34, Hawaii Revised Statutes.

     (c)  The members shall serve for four-year terms.  The council shall select a chairperson from among its members.  The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (d)  The council shall appoint, exempt from chapters 76 and 84, an executive director, who shall serve at the pleasure of the council.  The executive director shall oversee the operations, strategic planning, and coordination with stakeholders in the State's agricultural community.

     §   -3  Hawaii agricultural crimes council; duties.  (a)  The Hawaii agricultural crimes council shall provide policy level direction, coordination, and planning among appropriate state and county departments to provide for the protection and safety of the State's agricultural industry by creating statewide standards and methods of detecting and tracking agricultural crimes.

     (b)  The council shall develop an agricultural crime prevention program that includes a system for reporting agricultural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution.  The council may develop computer software and use communication technology to implement the reporting system; provided that the council shall not be limited to the use of these means to achieve its stated goals.

     (c)  The council shall develop a uniform procedure for all counties to collect, and each county shall collect, data on agricultural crimes.  The council shall also establish a central database for the collection and maintenance of data on agricultural crimes.  The counties shall adopt ordinances for the implementation and administration of this section.

     (d)  The council shall examine existing state laws concerning agricultural crimes and consider proposed legislation to strengthen laws and penalties.

     (e)  The council shall create a public awareness campaign for agricultural producers to promote education concerning:

     (1)  How to report agricultural crimes and the importance of reporting all crimes;

     (2)  Laws specific to agricultural crimes;

     (3)  Good business practices; and

     (4)  Crime prevention.

     (f)  The council shall make recommendations and provide training to county law enforcement agencies to promote awareness of specific agricultural crime laws, including:

     (1)  How to understand agricultural crime victims;

     (2)  Appointing designated points of contacts within county law enforcement agencies to handle reports of agricultural crimes; and

     (3)  The establishment of a task force to educate producers and consumers about agricultural crimes, crime prevention for agricultural producers, and how to conduct follow up investigations on reports of agricultural crime.

     (g)  The council may consult with experts from the United States military, state department of defense, Department of Justice, other law enforcement agencies, and various other state and private organizations as deemed necessary to maximize the effectiveness of the council.

     (h)  The council shall ensure necessary funding for agricultural crime suppression programs.

     (i)  The council may solicit media and community support to promote its programs.

     (j)  The council shall meet not less than       times annually to discuss and assess progress and recommended changes to its programs based on the results of its assessments and other relevant data.  Notwithstanding any law to the contrary:

     (1)  A simple majority of the members of the council shall constitute a quorum to do business; and

     (2)  Any action taken by the council shall be by a simple majority of the members.

     (k)  The council may adopt rules pursuant to chapter 91 to effectuate this chapter.

     (l)  The council shall submit annual reports to the legislature, no later than twenty days prior to the convening of each regular session, detailing:

     (1)  The progress of its duties as established in this chapter;

     (2)  Recommended initiatives and strategies, as well as a plan for implementation; and

     (3)  Any recommendations or proposed legislation.

     §   -4  Agricultural crimes control; investigators; powers; duties.  The council shall appoint and commission one or more investigators as required to investigate agricultural crimes.  Persons appointed and commissioned under this section may exercise all the powers and authority of a law enforcement officer or of a deputy sheriff; provided that the persons so appointed and commissioned shall not carry any firearms.  An investigator appointed under this section shall focus their efforts on agricultural crimes and work with the counties as partners to address and prevent agricultural crime on a state and local basis."

     SECTION 3.  Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

     "§141-1  Duties in general.  The department of agriculture shall:

     (1)  Gather, compile, and tabulate, from time to time, information and statistics concerning:

          (A)  Entomology and plant pathology:  Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet in the State; and

          (B)  General agriculture:  Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

     (2)  Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

     (3)  Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on any terms the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department.  Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, and 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

     (4)  Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

     (5)  Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

     (6)  Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

     (7)  Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

     (8)  Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; plan, design, construct, operate, manage, maintain, repair, demolish, and remove infrastructure or improvements on any lands under the jurisdiction of the department; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes.  In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; [and]

     (9)  Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction[.];

    (10)  Collaborate with the Hawaii agricultural crimes council established pursuant to section    -2 to enhance the investigation, prevention, and prosecution of agricultural-related crimes by:

          (A)  Sharing relevant information and data related to agricultural crimes, such as theft, fraud, animal cruelty, environmental violations, and other offenses that impact agriculture in the State;

          (B)  Providing technical assistance and expertise in identifying and responding to emerging threats and criminal activities that affect the agricultural industry, and fostering intergovernmental relationships between departments and agencies that are tasked with regulating and enforcing agricultural laws in the State;

          (C)  Assisting in the development of policies, strategies, and educational programs that raise awareness of agricultural crimes and prevent illegal activities in the agricultural industry;

          (D)  Designating a liaison within the department to serve as the primary point of contact for the Hawaii agricultural crimes council and coordinate joint efforts between the department and the council;

          (E)  Supporting joint task forces or initiatives that focus on high priority agricultural crime issues and cases, as directed by the Hawaii agricultural crimes council; and

          (F)  Providing resources and funding to facilitate the operations of the Hawaii agricultural crimes council that strengthen statewide agricultural crimes enforcement efforts, as appropriate;

    (11)  Partner with other state and federal agencies, law enforcement, and stakeholders to address agricultural crimes and ensure that a full range of resources and expertise is available to protect Hawaii's agricultural industry; and

    (12)  Periodically report to the governor and the legislature on the progress and outcomes of the department's collaboration with the Hawaii agricultural crimes council, including any proposed legislation or policy recommendations."

     SECTION 4.  Section 142-3.6, Hawaii Revised Statutes, is amended to read as follows:

     "§142-3.6  Animal industry special fund.  There is established the animal industry special fund to be administered by the board of agriculture.  Moneys received by the board of agriculture from:

     (1)  The use or rental of the division of animal industry's properties or facilities, including the animal quarantine property or facilities pursuant to section 142-3.5;

     (2)  Revenue from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch; [and]

     (3)  Moneys, revenue, and fines received and processed by the Hawaii agricultural crimes council; and

    [(3)] (4)  Appropriations or other moneys made available,

shall be deposited into the special fund.

     All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund.  Moneys in the special fund shall be expended to cover costs of the division of animal industry[,] and the Hawaii agricultural crimes council, including the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, contract with any qualified person or entity for livestock handling services, improvements to laboratory capabilities and operations, and operating and maintenance of the animal industry facilities; provided that moneys in the special fund may be used to fund the department's resource management and planning programs.  A reserve shall be maintained in the special fund to cover contingency costs, including accrued vacation leave, unemployment insurance, and workers' compensation."

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and operation of the Hawaii agricultural crimes commission, to be expended as follows:

     (1)  $           to establish one full-time equivalent (1.0 FTE) executive director position;

     (2)  $           to establish one full-time equivalent (1.0 FTE) staff assistant position;

     (3)  $           to establish two full-time equivalent (2.0 FTE) deputy inspector positions; and

     (4)  $           for the establishment of a preliminary operating budget for the Hawaii agricultural crimes council.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2025.

Report Title:

DOA; Hawaii Agricultural Crimes Council; Establishment; Animal Industry Special Fund; Appropriations

Description:

Establishes the Hawaii Agricultural Crimes Council.  Expands the duties of the Department of Agriculture to collaborate with and support the Council.  Authorizes the Council to withdraw and deposit moneys, revenues, and fines into and out of the Animal Industry Special Fund.  Appropriates funds.

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

STAND. COM. REP. NO. 403

Honolulu, Hawaii

RE:    S.B. No. 762

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Public Safety and Military Affairs, to which was referred S.B. No. 762 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL CRIMES,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the Hawaii Agricultural Crimes Council;

     (2)  Expand the duties of the Department of Agriculture to collaborate with and support the Council;

     (3)  Authorize the Council to withdraw and deposit moneys, revenues, and fines into and out of the Animal Industry Special Fund; and

     (4)  Appropriate funds.

     Your Committees received testimony in support of this measure from the Department of Agriculture; Department of Law Enforcement; Department of Research and Development of the County of Hawaiʻi; Hawaiʻi Farmers Union United; Hawaiʻi Farm Bureau; Hawaii Cattlemen's Council, Inc.; Hawaii Aquaculture and Aquaponics Association; Nahenahe Farm; Hawaiʻi Food+ Policy; Maui County Ag Working Group; and eight individuals.

     Your Committees received comments on this measure from the Department of the Attorney General.

     Your Committees find that the State has severe challenges in effectively mitigating and preventing agricultural crimes.  Agricultural crimes often occur in rural and geographically isolated locations, making it challenging to timely respond to and adequately address reports of the crimes.  Your Committees recognize that it can be burdensome, if not impossible, for the owners of these large tracts of land, farms, and ranches to implement traditional crime deterrence methods.  Your Committees also find that, while agricultural lands are included as a category in many of the State's laws establishing certain crimes, limited resources make it difficult to prosecute these crimes effectively.  According to testimony received by your Committees, the Agricultural Crimes Council established by this measure would provide an essential framework and resources for a coordinated, statewide approach to preventing and investigating agricultural crimes.

     Your Committees have amended this measure by:

     (1)  Inserting language to allow the designees of the ex officio members of the Council to represent those positions;

     (2)  Clarifying that the public members of the Council shall serve four-year terms;

     (3)  Inserting language to provide procedural guidelines for any investigator appointed or commissioned by the Council to investigate agricultural crimes, which includes clarifying the scope of their powers and authority to be that of a law enforcement officer;

     (4)  Deleting language that would have authorized the Council to withdraw and deposit moneys, revenues, and fines into and out of the Animal Industry Special Fund and replacing it with language that requires all moneys, revenues, and fines received and processed by the Council to be deposited into the Agricultural Enforcement Special Fund established by Act      , Regular Session of Hawaii 2025, and allows moneys in the Agricultural Enforcement Special Fund to be expended to cover the costs of the Council;

     (5)  Inserting language that makes a conforming amendment to section 76-16(b), Hawaii Revised Statutes, to effectuate the exemption of the Executive Director of the Council from civil service laws;

     (6)  Changing the appropriation to an unspecified amount;

     (7)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committees note that this measure, as amended, contains an unspecified appropriation amount.  Should your Committees on Ways and Means and the Judiciary choose to deliberate on this measure, your Committees respectfully request that they consider inserting an appropriation amount of $2,000,000 for the establishment and operation of the Hawaii Agricultural Crimes Council.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 762, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 762, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Public Safety and Military Affairs,