Assigned to NRAE                                                                                                           AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2481

 

aquaculture; protecting aquatic environment

NOW: crop destruction

 

Purpose

 

            Makes a person who knowingly destroys, damages or removes commercial crops or crops grown for research purposes liable for damages of up to twice the market value of the crops or up to twice the actual value of the crops grown for crop development.

 

Background

 

            The destruction of agricultural crops grown by academic institutions for research purposes has recently become a target of activists who are protesting issues such as the use of agricultural biotechnology.  Instances of this type of destruction have been reported at agricultural research facilities at Michigan State University, the University of Minnesota, the University of Maine and a number of Universities in California.

 

In 2000, the California Assembly enacted legislation to address the problem of the destruction of research crops at State Universities (Assembly Bill 2510).  Similar legislation has been introduced in at least eight other states this year: Idaho, Iowa, Kansas, Mississippi, Missouri, North Dakota, South Dakota and Virginia.

 

H.B. 2481 is modeled after the California legislation and establishes damages for damaging, destroying or removing commercial crops or crops grown for research purposes of up to twice the value of the crop.

 

This fiscal impact of H.B. 2481 is unknown.

 

Provisions

 

1.      Specifies that a person who knowingly damages, destroys or removes commercial crops or crops grown for testing or research purposes is subject to liability for damages of up to twice the market value of the damaged, destroyed or removed crop, up to twice the actual costs of production, research, testing, replacement and crop development directly related to the damaged, destroyed or removed crop and litigation costs.

 

2.      Specifies that these remedies are in addition to any other remedies available under law.

 

3.      Provides for a general effective date.

 

 

 

 

Amendments Adopted by Committee of the Whole

 

Includes the theft of crops under the proposed liability standard.

 

HOUSE ACTION                                                           SENATE ACTION

 

NRA                2/21/01   DPA/SE        9-1-0-0                NRAE          3/22/01        DP         6-0-2     

Third Read       3/7/01                          43-16-1-0            3rd Read        4/4/01                     30-0-0

 

 

Prepared by Senate Staff

April 6, 2001