Report Title:

Scrap Metal; Theft

Description:

Includes beer kegs in laws intended to prevent theft and resale of copper.

THE SENATE	S.B. NO.	2782
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to metal.

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

     SECTION 1.  Section 445-233, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  If the scrap presented for purchase is copper, in whole or in part, or a beer keg, the seller shall provide a copy of a receipt that describes, with particularity:

     (1)  The exact item that is being offered for sale;

     (2)  Who issued the receipt;

     (3)  The date of sale of the item prior to the item's being offered to the scrap dealer; and

     (4)  The price, if any, of the item when obtained by the seller."

      2.  By amending subsections (d) through (f) to read:

     "(d)  If the seller does not provide a copy of the receipt or the notarized declaration as required by subsections (b) and (c), the scrap dealer shall not purchase the copper, in whole or in part, or beer keg and shall report the attempted sale to the police.

     (e)  If the scrap dealer purchases any copper, in whole or in part, or a beer keg, the scrap dealer shall take a photograph or photographs of all of the copper offered for sale.

     (f)  The scrap dealer shall also require the seller to verify the seller's identity by presenting a valid photo identification card or license issued by a federal or state government agency authorized to issue such identification.  If the scrap being offered for sale is copper, in whole or in part, or a beer keg, the scrap dealer shall:

     (1)  Take a photograph of the seller; or

     (2)  Make a photocopy of the identification card or license of the seller."

     SECTION 2.  Section 708-835.7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§708-835.7[]]  Theft of copper[.] or beer keg.  (1)  A person commits the offense of theft of copper or beer keg if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States[.], or of a beer keg.

     (2)  Theft of copper or a beer keg is a class C felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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