All Roll Calls
Yes: 256 • No: 1
HawaiiSB 12492025–2026 Regular Session (Year 1)SenateWALLET
RELATING TO AGRICULTURE.
Sponsored By: Herbert M. "Tim" Richards III (Democratic)
Signed by Governor
Summary
Establishes the temporary Agricultural Enforcement Pilot Program within the Department of Law Enforcement. Clarifies, creates, and strengthens laws regarding crimes and violations related to agriculture or agricultural lands. Establishes clear distinctions between administrative and criminal penalties. Establishes positions. Appropriates funds. (CD1)
DLEDepartment of AgricultureAgricultural CrimesAgricultural Enforcement Pilot ProgramTheft of an Agricultural Product or CommodityInspectionBrandingPenaltiesPositionsAppropriationsAGR, JHA, FIN
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Bill Overview
Analyzed Economic Effects
19 provisions identified: 2 benefits, 15 costs, 2 mixed.
Farm goods paperwork expands with penalties
People selling or transporting any lot of agricultural goods must complete and keep a certificate with goods, value, party, and shipment details. The former 200-pound, $100-value, and commercial-marketing limits no longer apply; retail sales to the final consumer remain exempt. Violating these commodity rules is a Class C felony when the goods exceed $100 per violation, and a misdemeanor otherwise. Criminal penalties apply in addition to civil or administrative remedies. Other agricultural marketing violations under chapter 145 are misdemeanors unless another penalty applies.
Cattle owners must control tuberculosis
Owners must immediately separate cattle that react to a tuberculin test. Subject to section 142-16, they must deliver the cattle for slaughter within a reasonable time directed by the Department of Agriculture. After tuberculosis-affected animals are removed, owners must promptly disinfect the premises at their own expense. The work must satisfy the department. Failing to separate or deliver cattle, or failing to disinfect, is a misdemeanor.
Livestock businesses face tighter ownership checks
Livestock sellers and owners transporting animals must prepare certificates identifying each animal, the parties, origin, and destination. Two copies accompany the shipment; one goes to the Department of Agriculture, and the owner keeps one. Missing certificates can bring penalties up to $500 per animal for sales, transport to slaughter, or interisland or interstate transport. Harvesting plants must check brands and ownership before entry, confirm certificates, and submit certificates for harvested livestock weekly. Altered, removed, erased, or prohibited brands trigger reporting duties for intrastate slaughter licensees and people finding them after slaughter outside licensed plants.
Tougher rules for livestock brands
The Department of Agriculture can make and change rules for registering and inspecting livestock brands and marks. The maximum fine for altering, removing, or erasing a brand rises from $200 to $500 per mark. Knowingly branding someone else's livestock with intent to take it is a Class C felony. Courts must add a fine of at least $1,000 per animal, on top of other penalties.
Dog owners must cover property damage
Dog owners must pay for others' property their dog damages on private property without the property owner's consent. They must also confine or destroy the dog. Refusing or neglecting to act, followed by further damage, is a misdemeanor. The owner must then pay further damages and trial costs, and another person may destroy the dog. These rules give affected property owners a right to compensation.
Separate farm goods ownership offense ends
The law repeals a separate offense based on failing to keep written proof of ownership for agricultural goods. That missing proof also no longer serves as initial evidence of the specified theft offense. This repeal does not remove the law's separate commodity certificate requirements.
Funded farm crime enforcement pilot
Beginning July 1, 2025, the law creates a farm crime enforcement pilot on Oahu and Hawaii Island. The Department of Law Enforcement's deputy director decides whether to operate it. Funding is $949,856 in fiscal year 2025–2026 and another $949,856 in 2026–2027 for staff and operations. Staffing includes one assistant chief, one investigator per county, and three patrol officers per county. The pilot provisions expire July 1, 2028.
Animal keepers face criminal care rules
People breeding, raising, or keeping rabbits or Belgian hares must keep them off the ground. A violation is a petty misdemeanor. Harboring, feeding, or otherwise caring for a mongoose without a written Department of Agriculture permit is a misdemeanor. The department can grant mongoose permits at its discretion to specified scientific groups and state or county officials and bodies.
Animal arrivals face fines and charges
Failing to present an animal for required inspection before entry into Hawaii carries an administrative penalty up to $1,000. Each uninspected animal counts as a separate violation. Captains bringing live animals to Hawaii ports must notify the Department of Agriculture immediately upon arrival. Animals and related items must remain at the wharf or airport until inspected and approved. Violating these arrival notification and clearance rules is a misdemeanor.
Broader state powers over animal property
Hawaii's Department of Agriculture can require owner reports and enter private property when needed for its animal-industry duties. Claims over entry are limited to damage caused by official negligence or willful acts. The department can charge fees, recover costs, impose penalties, seek court enforcement, and place liens for unpaid amounts. It can seize, quarantine, destroy, sell, or dispose of covered animals and related items in the State's best interest. Courts can also order forfeiture of property and proceeds connected to covered violations, following state forfeiture law.
Covered property damage requires jail time
A conviction for the specified first-degree property-damage offense under section 708-820(1)(d) requires at least 180 days in prison. Courts cannot replace the sentence with probation or suspend it.
Criminal penalties enforce livestock fence rules
Building or maintaining an electric fence that fails the state's fence requirements is a misdemeanor. The rule also covers electrically charged attachments. Maliciously and deliberately opening a gate or breaking a fence to let an animal trespass is a petty misdemeanor. Maliciously and deliberately driving or leading an animal somewhere it may trespass also counts.
Farm trespass brings mandatory jail time
Beginning July 1, 2025, unlawful entry or remaining without permission on qualifying agricultural land is a crime. Covered land includes land secured against intruders or for livestock, fallow land, visible livestock operations, and cultivated, harvesting, or harvested cropland. Misdemeanor minimums are three consecutive jail days and $500 initially; 30 days and $1,000 for a second offense; and 90 days and $2,000 after two prior convictions within five years. Probation and suspended sentences are barred; possessing a dangerous instrument makes the offense a Class C felony, and connected property is forfeitable. Exceptions cover specified process servers unless there is a fence and locked gate, and surveyors or directly supervised assistants surveying at an owner's or interested person's request. Permission from an owner's agent on unimproved or unused land counts only when the agent is authorized.
Farm wildlife offenses bring felony sentences
Violating either of two specified wildlife laws on agricultural land is a Class C felony with no suspended sentence. Without a same-section conviction in the prior ten years, sentencing is five years in prison with at least 180 days served, or four years' probation with 180 days jailed. A repeat conviction within ten years carries five years in prison, with at least one year served. Animal parts and products are forfeited, and connected property is subject to state forfeiture rules. For the specified night-hunting offense, presence on private agricultural land is evidence of knowing entry; connected property and proceeds are forfeitable.
Habitual agricultural crimes become felonies
Another criminal animal-industry offense becomes habitual agricultural crime after at least three qualifying convictions within the preceding five years. The prior convictions must involve separate incidents on separate dates. This Class C felony carries a five-year prison term, with at least one year served. Only a first conviction under this provision allows five years of probation instead, still requiring at least one year in jail.
Mandatory prison time for property damage
Beginning July 1, 2025, the law requires prison time for two specific property-damage offenses. People convicted of second-degree property damage under section 708-821(1)(c) must serve at least 180 days. People convicted of third-degree property damage under section 708-822(1)(c) must serve at least 90 days. Neither sentence can be suspended or replaced with probation.
Repeat animal offenses bring tougher penalties
Criminal animal-industry penalties rise with convictions under the same section during the past five years. Petty misdemeanor tiers are: at least $250 or 3–30 days in jail; at least $500 or 10–30 days; then $1,000 or 30 days. Misdemeanor tiers are: at least $500 or 5 days–1 year; at least $1,000 or 30 days–1 year; then $2,000 or 1 year. Courts can impose both a fine and jail time; the highest tiers apply after two or more prior convictions. Violating section 142-23.5(a) is also a misdemeanor.
Wildlife violations bring tougher criminal penalties
Violations of five specified wildlife laws carry misdemeanor penalties. Fine minimums are $200 initially, $1,000 for a second conviction, and $2,000 for later convictions within five years. Courts can impose up to one year in jail instead of, or alongside, a fine. Specified animal parts and products, plus firearms for repeat convictions, are subject to forfeiture. Destroying covered introduced wild animals or their offspring within ten years of species introduction is also a misdemeanor, except for proven common nuisances.
Animal violations face fines, not always crimes
Animal-industry violations without a stated criminal classification must use civil or administrative enforcement, rather than criminal charges. Unless another law sets the penalty, administrative fines reach $200 for a first violation, $500 for a second, and $1,000 for later violations. Repeat tiers cover the same violation within five years; each day or instance counts separately. Civil recovery and criminal cases can both proceed for violations that carry criminal penalties. Specified collections, brand registration application fees, and agricultural trespass fines go to the Animal Industry Special Fund.
Sponsors & Cosponsors
Sponsor
Herbert M. "Tim" Richards III
Democratic • Senate
Cosponsors
Stanley Chang
Democratic • Senate
Mike Gabbard
Democratic • Senate
Dru Mamo Kanuha
Democratic • Senate
Angus L.K. McKelvey
Democratic • Senate
Glenn Wakai
Democratic • Senate
Roll Call Votes
Senate vote • 4/30/2025
Senate Floor Vote
Yes: 25 • No: 0
House vote • 4/30/2025
House Floor Vote
Yes: 49 • No: 1
Senate vote • 4/25/2025
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS....
Yes: 4 • No: 0
House vote • 4/25/2025
The Conference Committee recommends that the measure be Passed, with Amendments....
Yes: 5 • No: 0
House vote • 4/3/2025
House Floor Vote
Yes: 49 • No: 0
House vote • 3/28/2025
The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes ...
Yes: 14 • No: 0
House vote • 3/18/2025
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 10 • No: 0
House vote • 3/14/2025
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA...
Yes: 47 • No: 0
House vote • 3/12/2025
The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 5 • No: 0
Senate vote • 3/4/2025
Senate Floor Vote
Yes: 25 • No: 0
Senate vote • 2/26/2025
The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The...
Yes: 13 • No: 0
Senate vote • 2/26/2025
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The...
Yes: 5 • No: 0
Senate vote • 2/10/2025
The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENT...
Yes: 5 • No: 0
Actions Timeline
Act 235, 06/27/2025 (Gov. Msg. No. 1337).
6/27/2025SenateAct 235, on 06/27/2025 (Gov. Msg. No. 1337).
6/27/2025HouseReceived notice of passage on Final Reading in House (Hse. Com. No. 821).
5/2/2025SenateEnrolled to Governor.
5/2/2025SenateReceived notice of Final Reading (Sen. Com. No. 888).
5/1/2025HousePassed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none).
4/30/2025SenatePassed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran excused (1).
4/30/2025HouseConference Committee Meeting will reconvene on Friday, 04-25-25 at 2:40PM in Conference Room 411.
4/25/2025HouseThe Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Gabbard, DeCoite, Rhoads, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.
4/25/2025SenateThe Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Tarnas, Kusch, Poepoe, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
4/25/2025HouseReported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 217).
4/25/2025Senate48 Hrs. Notice (as amended CD 1) 04-30-25.
4/25/2025SenateReported from Conference Committee (Conf Com. Rep. No. 217) as amended in (CD 1).
4/25/2025HouseForty-eight (48) hours notice Wednesday, 04-30-25.
4/25/2025HouseConference committee meeting to reconvene on 04-25-25 9:40AM; Conference Room 325.
4/24/2025SenateConference committee meeting to reconvene on 04-24-25 9:30AM; Conference Room 325.
4/23/2025SenateConference committee meeting to reconvene on 04-23-25 9:31AM; Conference Room 325.
4/22/2025SenateReceived notice of appointment of House conferees (Hse. Com. No. 754).
4/21/2025SenateConference committee meeting scheduled for 04-22-25 10:54AM; Conference Room 325.
4/21/2025SenateHouse Conferees Appointed: Kahaloa, Tarnas, Kusch Co-Chairs; Poepoe, Matsumoto.
4/17/2025HouseSenate Conferees Appointed: Gabbard Chair; DeCoite, Rhoads Co-Chairs; Richards, Awa.
4/15/2025SenateReceived notice of Senate conferees (Sen. Com. No. 789).
4/15/2025HouseReceived from House (Hse. Com. No. 484).
4/4/2025SenateSenate disagrees with House amendments.
4/4/2025SenateReceived notice of disagreement (Sen. Com. No. 590).
4/4/2025House
Bill Text
Bill Text
Original
SB1249_CD1
SB1249_HD1
SB1249_HD2
SB1249_SD1
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