SB1229

THE SENATE	S.B. NO.	1229
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Scrap dealers.

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

SECTION 1. The price of copper has increased nearly seven hundred per cent over the past five years. As a result, copper theft has become a serious and rapidly growing crime. This new type of theft has devastating effects on the entire community, not just utility companies, businesses, and government agencies. It causes phone outages, power outages, and rising construction costs.

The cost of the stolen copper is often only a small percentage of the victims' loss. Criminal copper scavengers can cost a homeowner up to $40,000 or more in damage to their home for copper that will net the criminal approximately $1,000.

The purpose of this Act is to deter copper theft by requiring scrap dealers to include a thumbprint in the required identification statement of all persons redeeming more than fifteen pounds of copper and to establish a copper redemption database.

SECTION 2. Chapter 445, Hawaii Revised Statutes, is amended by adding two new sections to part X to be appropriately designated and to read as follows:

"§445- Copper; prohibitions. (a) No scrap dealer shall:

(1) Accept any amount of copper from a person under the age of eighteen years; or

(2) Accept more than fifteen pounds of copper from a person unable to supply verification of identity by a valid state-issued identification card, driver's license, or federal government-issued identification card; provided that in addition to such verification, the scrap dealer shall take the person's thumbprint, and retain the thumbprint on file with the statement required under section 445-233.

(b) Any person who violates this section shall be penalized pursuant to section 445-235.

§445- Copper redemption database. (a) The department of commerce and consumer affairs shall maintain a copper redemption database.

(b) A copy of all copper transactions, statements required under section 445-233, and thumbprints required under section 445- , shall be filed by the scrap dealer on a quarterly basis with the department of commerce and consumer affairs and maintained in a copper redemption database.

SECTION 3. Section 445-231, Hawaii Revised Statutes, is amended by amending the definition of "scrap" to read as follows:

""Scrap" means any secondhand or used metal, including copper, except those used motor vehicle parts provided in chapter 289."

SECTION 4. Section 445-235, Hawaii Revised Statutes, is amended to read as follows:

"§445-235 Prohibitions; penalty. Any person who violates [~~sections~~] section 445-232 [~~and~~], 445-233, or 445- , or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor."

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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the establishment of a copper redemption database.

SECTION 6. The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes 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, 2007.

INTRODUCED BY:	_____________________________