RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT.

SB763

THE SENATE

S.B. NO.

763

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the department of law enforcement
.

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

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SECTION 1.
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The
legislature finds that, in a 2019 report, the United States Department of
Agriculture found that agricultural theft and vandalism, and the expense of
security measures to prevent these crimes in the State, cost farmers roughly
$14,400,000.
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In 2020, the Hawaii department
of agriculture reported sixty-six cases of felony agricultural theft, thirty
cases of trespassing, and forty-eight other related offenses in Hawaii county.

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In 2024, a rancher was killed in a
confrontation on Oahu, allegedly stemming from trespassing.
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This incident highlights the heightened
opportunity for violent crimes to occur when weapons are present during
disputes on farms and ranches.

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The legislature further finds that agricultural
crime is likely underreported throughout the State.
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The rural locations of ranches and farms can
make it challenging for law enforcement agencies to timely respond to reports,
especially agencies that may be understaffed or do not prioritize agricultural
crimes compared to other violent and property crimes.
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Consequently, the ability to prevent,
investigate, and prosecute agricultural crimes statewide must be prioritized to
ensure community safety on all islands.

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The legislature recognizes that there is a
recruitment challenge within the department of law enforcement, including the
ability to recruit new law enforcement officers to serve in specific and
identified areas of law enforcement.
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One
solution to increase the pool of law enforcement candidates is to authorize individuals
who have an aloha (love) or kuleana (responsibility) with the agricultural
community to help with the deterrence, investigation, and enforcement of laws
and rules directly relating to agricultural crimes and make a difference in the
agricultural community in the State, including volunteers.

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Accordingly, the purpose of this Act is to:

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(1)
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Establish
an agricultural enforcement program within the department of law enforcement;

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(2)
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Establish
the agricultural enforcement special fund; and

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(3)
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Appropriate
funds for and establish positions within the agricultural enforcement program.

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SECTION 2.
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Chapter 353C, Hawaii Revised Statutes, is amended by adding two new
sections to be appropriately designated and to read as follows:

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�353C-A
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Agricultural enforcement program.
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(a)
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There is established within the department an agricultural enforcement
program.
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The department shall employ or
appoint, and remove, the following persons, subject to chapter 76 and section
78-1:

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(1)
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An
assistant chief, who shall be the administrator of the agricultural enforcement
program and shall have charge, direction, and control, subject to the direction
of control of the director, of all matters relating to the enforcement of the
offense of theft of an agricultural product or commodity as defined in section
708-835.55, and any other matters as determined by the director.
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The assistant chief shall be an administrator
experienced in addressing agricultural theft; and

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(2)
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Personnel,
state law enforcement officers, and investigators, including but not limited to
state law enforcement officers serving on a voluntary basis without pay.

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(b)
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In addition to all police powers and duties, state law enforcement
officers in the agricultural enforcement program shall:

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(1)
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Focus
on offenses under sections 708-830.5, 708-831, 708-832, and 708-833 that
involve the theft of an agricultural product or commodity;

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(2)
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Gather
evidence, conduct investigations, and conduct field observations, as required
or assigned;

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

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(4)
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Carry
out other duties and responsibilities as determined by the director.

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(c)
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The department shall enter into memoranda of agreement with the division
of conservation and resources enforcement of the department of land and natural
resources and each county police department, as necessary, to effectuate the
purposes of this section.

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�353C-B
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Agricultural enforcement special fund;
established.
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(a)
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There is established in the state treasury
the agricultural enforcement special fund to be administered by the department.

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(b)
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The following shall be deposited into the agricultural enforcement
special fund:

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(1)
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Grants,
awards, donations, gifts, transfers, or moneys derived from public or private
sources for the purposes of enforcing offenses that involve the theft of an
agricultural product or commodity, or any other matters as determined by the director;

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(2)
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Fees,
reimbursements, administrative charges, and penalties collected for activities
related to the enforcement of laws and rules applicable to protecting
agricultural products or commodities, except as otherwise provided by any law
that requires deposit of these moneys into other special funds administered by
the department of agriculture;

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(3)
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Moneys
derived from any interest, dividends, or other income from the sources in
paragraphs (1) to (2); and

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(4)
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Appropriations
by the legislature.

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(c)
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The agricultural enforcement special fund shall be used for expenditures
relating to the agricultural enforcement program established pursuant to
section 353C-A, including:

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(1)
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Training;

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(2)
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Research;

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(3)
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Equipment;

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(4)
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Preparation
and dissemination of information to the public;

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(5)
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Data
collection and development;

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(6)
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Information
technology;

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(7)
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Safety;

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(8)
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Wireless
communication;

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(9)
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Management;

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(10)
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Travel;

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(11)
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Equipment
rental;

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(12)
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Repairs;

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(13)
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Planning;

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(14)
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Information;

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(15)
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Education;

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(16)
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Operations;

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(17)
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Maintenance
functions authorized and deemed necessary by the board of agriculture;

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(18)
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Funding
for consultants or contractual hires related to the enforcement of laws and
rules applicable to the offense of theft of an agricultural product or
commodity, or any other matters as determined by the board of agriculture; and

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(19)
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Work
performed in cooperation with enforcement authorities of the federal, state, or
county government.

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(d)
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The agricultural enforcement special fund shall be held separate and
apart from all other moneys, funds, and accounts in the department; provided
that any moneys received from the federal government or from private
contributions shall be deposited and accounted for in accordance with any
conditions established by the department or entity from which the moneys are
received.
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Any balance remaining in the agricultural
enforcement special fund at the end of any fiscal year shall be carried forward
in the fund for the next fiscal year.
"

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SECTION 3.
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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
to
be deposited into the agricultural enforcement special fund established
pursuant to section 353C-B, Hawaii Revised Statutes.

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SECTION 4.
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There is appropriated out of the agricultural enforcement special fund
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:

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(1)
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The
establishment of the following positions within the agricultural enforcement
program established pursuant to section 353C-A, Hawaii Revised Statutes:

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(A)
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One
full-time equivalent (1.0 FTE) assistant chief position;

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(B)
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Eight
full-time equivalent (8.0 FTE) state law enforcement investigator positions;
provided that the four counties shall be assigned two positions each; and

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(C)
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Thirty-six
full-time equivalent (36.0 FTE) uniformed state law enforcement officer
positions for patrol functions; provided that the counties of Hawaii, Kauai,
and Maui shall be assigned eight positions each, and twelve positions shall be
assigned to the city and county of Honolulu; and

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(2)
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Other
operating expenditures of the agricultural enforcement program established
pursuant to section 353C-A, Hawaii Revised Statutes.

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

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SECTION 5.
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In codifying
the new sections added by section 2 of this Act, the revisor of statutes
shall substitute appropriate section numbers for the letters used in
designating the new sections in this Act.

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SECTION 6.
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New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

DLE;
Agricultural Enforcement Program; Theft of an Agricultural Product or
Commodity; Agricultural Enforcement Special Fund; Positions; Appropriations

Description:

Establishes
the Agricultural Enforcement Program within the Department of Law
Enforcement.
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Establishes the
Agricultural Enforcement Special Fund.
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Establishes positions.
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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.