Report Title:
Scrap Dealers
Description:
Increases the reporting requirements for sales of scrap to scrap dealers. Introduces a recordkeeping requirement for private scrap sales over 50 pounds. Increases the criminal penalties for failing to comply with these requirements.
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THE SENATE |
S.B. NO. |
34 |
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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 DEALERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the recent widespread theft of copper and other metals from public buildings, private homes, and public infrastructure poses a danger to public health and safety as well as a financial burden to those who must pay to repair the damaged structures. Many times, the stolen metal is sold to scrap dealers, and the funds from these sales are used to support drug habits or other illegal activities.
The purpose of this Act is to deter thefts of scrap metal and sales of stolen scrap metal by strengthening the reporting requirements of scrap dealers, creating a recordkeeping requirement on private scrap sales, and increasing the criminal penalty for failing to comply with these requirements.
SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by amending the definitions of "scrap" and "scrap dealer" to read as follows:
""Scrap" means any secondhand or used metal, including but not limited to iron, copper, brass, lead, zinc, tin, steel, aluminum, metallic cables and ropes, wires and other similar materials, except those used motor vehicle parts provided in chapter 289.
"Scrap dealer" means any person, firm, partnership, corporation, unincorporated association, or business entity engaged in the business of buying, selling, or dealing in scrap, or any person, firm, partnership, corporation, unincorporated association, or business entity operating, carrying on, conducting, or maintaining a scrap yard."
SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended to read as follows:
"§445-233 Statement required. [Every]
(a) Any scrap dealer, when the scrap dealer purchases scrap
within the State, shall require the seller of the scrap to verify the
seller's identity by presenting proper identification. Every scrap dealer
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 name;
the seller's driver's license number or state identification card number, if
applicable; the seller's business or residence address; the seller's
occupation; a description, including serial numbers and other identifying
marks, when practical, of every scrap; the amount received by the seller; the
date, time and place of the sale; and the license number of any vehicle used to
deliver the property to the place of purchase.
[The
scrap dealer shall require the seller to verify the seller's identity by
presenting proper identification.]
The scrap dealer shall keep at the dealer's
place of business the signed written statement from the seller for a period of [two]
three years after the date of purchase, and the statement may be
examined at any time by the treasurer [or the chief of police.], the
attorney general, the prosecuting attorney of the county that has appropriate
jurisdiction, or any member of a police department that has appropriate
jurisdiction.
(b) Any person who purchases or transports scrap in an amount greater than fifty pounds shall possess a receipt or bill of lading from the individual or business from which the scrap was obtained and shall retain the receipt or bill of lading for a period of three years after the date of obtaining the scrap. The receipt or bill of lading may be examined at any time by the treasurer, the attorney general, the prosecuting attorney of the county that has appropriate jurisdiction, or any member of a police department that has appropriate jurisdiction."
SECTION 4. Section 445-235, Hawaii Revised Statutes, is amended to read as follows:
"§445-235 Prohibitions; penalty. (a)
Any [person] scrap dealer who violates [sections] section
445-232 [and] or 445-233, or any person or scrap dealer who
falsifies a statement, receipt, or bill of lading required by section 445-233,
shall be guilty of a misdemeanor; provided
that if, at the time of the offense for which the defendant is being sentenced,
the defendant has one or more prior convictions for an offense under this
section, the defendant shall be guilty of a class C felony.
(b) Any seller who makes a false statement or gives untrue information in furnishing information in selling, offering, or trying to sell scrap shall be guilty of a class C felony.
(c) In addition to the criminal penalties provided in this section, any person convicted under this chapter shall pay restitution pursuant to section 706-646.
(d) For purposes of this section, "conviction" means a judgment on a verdict or finding of guilty or a plea of guilty or nolo contendere."
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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