RELATING TO AGRICULTURAL CRIMES.

HB498

HOUSE OF REPRESENTATIVES

H.B. NO.

498

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to agricultural crimes
.

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

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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.

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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.

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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.

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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.

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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.

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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.

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Accordingly, the purpose of this Act is to:

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(1)
�
Establish
the Hawaii agricultural crimes council;

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

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

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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

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

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"Council"
means the Hawaii agricultural crimes council.

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"Department"
means the department of agriculture.

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� -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.

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

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(1)
�
The
chairperson of the board of agriculture;

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(2)
�
The
attorney general;

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(3)
�
The
prosecuting attorney of each county;

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(4)
�
The
director of law enforcement;

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(5)
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The
chief of police of each county;

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(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;

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(7)
�

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

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(8)
�

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

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(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.

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(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.

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� -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.

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(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.

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(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.

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

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(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;

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(2)
�
Laws
specific to agricultural crimes;

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(3)
�
Good
business practices; and

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(4)
�
Crime
prevention.

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(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;

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

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(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.

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(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.

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

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(i)
�

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

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(j)
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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:

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

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

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(k)
�

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

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(l)
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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;

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

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(3)
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Any
recommendations or proposed legislation.

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� -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."

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

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

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(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

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(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;

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(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;

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(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;

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(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;

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(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;

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(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;

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(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;

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(8)
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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
]

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(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[
.
]
;

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(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;

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(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;

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(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

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

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(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

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(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.
"

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

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"
�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:

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(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;

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

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

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[
(3)
]

(4)
�
Appropriations or other moneys made
available,

shall be
deposited into the special fund.

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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."

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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;

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

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

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

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The sums

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

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SECTION 6.
�

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

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SECTION 7.
�

This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

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.

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