Report Title:
Scrap Metal Recycling; Theft Prevention
Description:
Establishes additional record-keeping requirements for scrap metal dealers. Exempts commercial scrap purchases and sales from certain record-keeping requirements. Prohibits purchase from, and sale by, an individual of certain scrap metal items. Establishes mandatory penalties for violations by scrap sellers.
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THE SENATE |
S.B. NO. |
1785 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to scrap metal recycling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 445-15, Hawaii Revised Statutes, is amended to read as follows:
"§445-15 Control by ordinance. Each council has the power by ordinance:
(1) To require, or eliminate the requirement for, the
licensing of auctions under part II of this chapter[,] and secondhand
dealers under part VII of this chapter[,] and to require the
licensing of scrap dealers under part X of this chapter;
(2) To impose annual license fees;
(3) To increase, decrease, or waive effective upon the expiration of any existing license, the annual fee for a license issued under this chapter, or to exempt wholly or partially, the payment by any religious, charitable, or educational organization or institution of any license fee imposed in this chapter or any ordinance enacted hereunder with respect to any business which is not regularly engaged in or carried on by such organization or institution; and
(4) To adopt rules not inconsistent with law concerning the conduct of the business of all persons licensed under this chapter, as deemed necessary for the public health, safety, or welfare."
SECTION 2. Section 445-232, Hawaii Revised Statutes, is amended to read as follows:
"§445-232 License. (a)
Any person who engages in [the] business as a scrap dealer shall be
licensed with the treasurer. The treasurer shall have the power to grant a
license and to revoke [such] the license after hearing and
upon reasonable cause[.] including, but not limited to, violations of
this part and any rule adopted under it. The annual license fee shall be
$10.
(b) Every license granted under this section shall designate the place where business is carried on and sufficient identifying information including the licensee's name, address, general excise tax license number, and other information which may be prescribed by the treasurer."
SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended to read as follows:
"§445-233 Statement required[.];
verification; records. (a) Every scrap dealer, when the dealer
purchases scrap within the State, shall obtain a written statement signed by
the seller or the seller's agent certifying that the seller or the seller's
agent has the lawful right to sell and dispose of the scrap. This statement
shall also contain [the seller's]:
(1) The name[; the seller's],
business or residence address[; the seller's], and occupation[;
a] of the seller and, if the scrap is sold by an agent, the seller's
agent;
(2) A description, including serial
numbers and other identifying marks, when practical, of every scrap; [the
amount received by the seller; the date]
(3) The date, time, and place of
the sale; and [the]
(4) The license number, make, model, and color of any vehicle used to deliver the property to the place of purchase.
(b) The scrap dealer shall [require]
also:
(1) Require the seller to verify the
seller's identity by presenting [proper] government issued
photographic identification[.] of which the scrap dealer shall
make a photocopy or computer scan or manually record the name of the issuing
entity, the type of identification, and any unique number on the identification;
(2) Verify the information provided by the seller in the statement required by subsection (a);
(3) Record on the statement the amount paid to the seller and the weight of the scrap purchased, when the scrap is purchased by weight;
(4) Pay the seller only by check and keep a record of checks issued and negotiated;
(5) [The scrap dealer shall keep] Keep
at the dealer's place of business the signed written statement from the seller and
the records required by paragraphs (3) and (4) for a period of two years
after the date of purchase; and
(6) Make the statement [may be
examined at any time] and records available for examination during
regular business hours by the treasurer or [the chief of police.] a
law enforcement officer, as defined by section 710-1000.
(c) A scrap dealer shall not purchase from an individual who is not the principal or agent of an entity exempted from the requirements of this section by subsection (d)(2), and a scrap seller shall not sell, the following items:
(1) New materials for use in, or production scrap derived from, a manufacturing process;
(2) Items used primarily by institutions, government entities, or utilities, including guardrails, bleacher seating, traffic signs, manhole covers, high voltage transmission lines, historical markers, and cemetery plaques; or
(3) Full-sized or new materials such as those used in construction.
(d) This section shall not apply to sales of scrap by:
(1) A scrap dealer licensed under this part to another scrap dealer licensed under this part; or
(2) An entity with whom the scrap dealer has in force a written contract containing the information required by subsections (a)(1) to (a)(4); provided that the scrap dealer has verified the identity of the entity's principal or agent as required by subsection (b)(1) and made a photocopy of the general excise tax or other business license of an entity; provided further that the scrap dealer complies with subsection (b)(4), (5), and (6)."
SECTION 4. Section 445-235, Hawaii Revised Statutes, is amended to read as follows:
"§445-235 Prohibitions; penalty. (a) Any person who violates sections 445-232 and 445-233, or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor.
(b) A scrap seller convicted under this section shall be sentenced as follows:
(1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section, a fine of not less than $100, a term of imprisonment of not less than seven days, or both:
(2) For an offense that occurs within five years of a prior conviction for an offense under this section, a fine of not less than $500, a term of imprisonment of not less than thirty days, or both; and
(3) For an offense that occurs within five years of two prior convictions for offenses under this section, a fine of not less than $1,000 and a term of imprisonment of not less than six months."
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.
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INTRODUCED BY: |
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