SB1229 SD2

THE SENATE	S.B. NO.	1229
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
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 copper and to maintain a record of transactions in copper.

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. No scrap dealer shall:

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

(2) Accept 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.

§445- Record of transactions. (a) Every scrap dealer, or the agent, employee, or representative of the scrap dealer, immediately upon receipt of any copper, shall record on a form authorized by the chief of police in each county, the following information:

(1) The name and address of the scrap dealer;

(2) The name, residence address, date of birth, and the age of the person from whom the copper was received;

(3) The date and time the article was received by the scrap dealer;

(4) The signature of the person from whom the article was received;

(5) The Hawaii driver's license number, or if the person does not possess a Hawaii driver's license, the number of and description of any government issued identification that bears a photograph of the person from whom the copper was received;

(6) A complete and accurate description of the copper received, including all markings, names, initials, and inscriptions, particularly those indicating the owner of the copper, if any;

(7) A reasonable estimate of the size, shape, weight, and length of the copper received by the scrap dealer; and

(8) The price paid by the dealer for each item of copper.

(b) Copies of all completed forms or paper of information required by this section, immediately upon receipt of the copper by the scrap dealer, shall be forthwith transmitted via email or by facsimile transmittal to the chief of police or to the chief of police's authorized representative."

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 445-232 and 445-233,~~] any provision of this part or any person who falsifies a statement required by section 445‑233, shall be guilty of a misdemeanor."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.