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 add to the vulnerability of these agricultural properties.

The legislature recognizes that, while agricultural lands are protected by 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 funds 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;

(3) Establishing the agricultural enforcement special fund; and

(4) Provide dedicated funding 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, 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 pursuant to 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 and strategic planning of the council and coordinate 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; provided that the council may investigate and enforce violations of agricultural crimes by appointing and commissioning investigators pursuant to section -4.

(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 goals.

(c) The council shall develop a uniform procedure for all counties to 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 collect data on agricultural crimes and 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 agricultural 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, United States 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. Investigators 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."

PART II

SECTION 4. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

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

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

(1) 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;

(2) 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;

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

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

(5) Appropriations by the legislature.

(c) The agricultural enforcement special fund shall be used to cover costs of the Hawaii agricultural crimes council and for expenditures relating to the agricultural enforcement program established pursuant to Act , Session Laws of Hawaii 2025, including:

(1) Training;

(2) Research;

(3) Equipment;

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

(5) Data collection and development;

(6) Information technology;

(7) Safety;

(8) Wireless communication;

(9) Management;

(10) Travel;

(11) Equipment rental;

(12) Repairs;

(13) Planning;

(14) Information;

(15) Education;

(16) Operations;

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

(18) 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

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

(d) 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. 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."

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 full-time equivalent ( FTE) executive director position;

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

(3) $ to establish full-time equivalent ( 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.

PART III

SECTION 6. If H.B. No. 501 in any form is passed by the legislature during the regular session of 2025 and enacted, the revisor of statutes shall insert the appropriate Act number in section 4 of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	498
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII