REPORT TITLE:
Trespass; Ag. Lands


DESCRIPTION:
Makes it criminal trespass 1st degree to enter or remain
unlawfully on cultivated agricultural land that is fenced,
enclosed, or secured or on which is displayed required notice.
Requires proof of ownership among sellers, buyers, and
transporters of produce lots of fruits, nuts, and vegetables.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.138        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURAL GOODS.



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

 1      SECTION 1.  Chapter 145, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4                  "PART    . PROOF OF OWNERSHIP
 
 5      §145-A Requirement of record showing proof of ownership.
 
 6 For lots of over two hundred pounds of any fruits, nuts, or
 
 7 vegetables that are the food product of any tree, vine or plant,
 
 8 and that are marketed for commercial purposes, all of the
 
 9 following apply:
 
10      (1)  Every person who sells the commodity shall provide the
 
11           buyer or transporter with a record of proof of
 
12           ownership for each lot of the commodity;
 
13      (2)  Every person who buys the commodity for resale shall
 
14           obtain from the previous buyer or from the transporter
 
15           a record of proof of ownership for each lot of the
 
16           commodity; and
 
17      (3)  Every person who transports for commercial purposes
 
18           shall possess a record showing proof of ownership for
 
19           each lot of the commodity during transportation.
 

 
Page 2                                                     
                                     H.B. NO.138        
                                                        
                                                        

 
 1      §145-B Inspection of proof of ownership; contents.  Upon
 
 2 probable cause to believe any fruits, nuts, or vegetables
 
 3 regulated pursuant to this part is in unlawful possession, proof
 
 4 of ownership shall be made available for inspection upon request
 
 5 of the department.  If the department has probable cause to
 
 6 believe that any fruits, nuts, or vegetables regulated pursuant
 
 7 to this part is in unlawful possession, the department may stop
 
 8 the vehicle pursuant to section 145-A for inspection.  The record
 
 9 shall contain the following information:
 
10      (1)  Name, address, telephone number, and signatures of the
 
11           seller or the seller's authorized representative;
 
12      (2)  Name, address, and telephone number of the buyer or
 
13           consignee if not sold;
 
14      (3)  Common or generic name and quantity of the commodity
 
15           involved; and
 
16      (4)  Date of transaction and date of commencement of
 
17           transportation.
 
18      §145-C What constitutes proof of ownership.  A bill of
 
19 lading, bill of sale, certified farmers certificate, data
 
20 obtainable by electronic transmission which is accessible to a
 
21 common carrier, or a similar type document, shall be considered
 
22 proof of ownership for purposes of this part.
 

 
 
 
Page 3                                                     
                                     H.B. NO.138        
                                                        
                                                        

 
 1      §145-D False information in record of ownership.  It is
 
 2 unlawful under section 145-12 for any person to knowingly falsify
 
 3 or cause to be falsified any information in a record intended to
 
 4 show proof of ownership.
 
 5      §145-E Retention of ownership records.  A copy of the
 
 6 record shall be retained by the buyer and seller for a period of
 
 7 sixty days after delivery.
 
 8      §145-F County ordinances imposing additional requirements.
 
 9 This part establishes minimal requirements for the transportation
 
10 and identification of agricultural commodities.  A county, by
 
11 ordinance, may impose additional requirements regarding this
 
12 transportation and identification."
 
13      SECTION 2.  Section 708-813, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§708-813  Criminal trespass in the first degree.(1)  A
 
16 person commits the offense of criminal trespass in the first
 
17 degree if:
 
18      (a)  That person knowingly enters or remains unlawfully:
 
19           (i)  In a dwelling; or
 
20          (ii)  In or upon the premises of a hotel or apartment
 
21                building;
 
22      (b)  That person:
 

 
 
 
Page 4                                                     
                                     H.B. NO.138        
                                                        
                                                        

 
 1           (i)  Knowingly enters or remains unlawfully in or upon
 
 2                premises that are fenced or enclosed in a manner
 
 3                designed to exclude intruders; and
 
 4          (ii)  Is in possession of a firearm, as defined in
 
 5                section 134-1, at the time of the intrusion; [or]
 
 6      (c)  That person enters or remains unlawfully in or upon the
 
 7           premises of any public school, as defined in section
 
 8           302A-501, or any private school, after reasonable
 
 9           warning or request to leave by school authorities or a
 
10           police officer[.]; or
 
11      (d)  That person knowingly enters or remains unlawfully in
 
12           or upon cultivated agricultural land that is fenced,
 
13           enclosed, or secured in a manner designed to exclude
 
14           intruders or on which is displayed the notice as
 
15           required by section 708-831(1)(d).
 
16      (2)  Criminal trespass in the first degree is a misdemeanor.
 
17      (3)  Notwithstanding any other provision of law to the
 
18 contrary, any vehicle found in the possession, at the time of the
 
19 commission of the offense, of a person convicted under subsection
 
20 (1)(d) shall be forfeited to the State, subject to chapter 712A."
 
21      SECTION 3.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 

 
 
 
Page 5                                                     
                                     H.B. NO.138        
                                                        
                                                        

 
 1 begun, before its effective date.
 
 2      SECTION 4.  In codifying the new part added to chapter 145,
 
 3 Hawaii Revised Statutes, by section 1 of this Act, the revisor of
 
 4 statutes shall substitute appropriate section numbers for the
 
 5 letters used in the new sections designations in this Act.
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:_________________________