STAND. COM. REP. NO.  1671-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2782

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2782, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO METAL,"

begs leave to report as follows:

     The purpose of this bill is to deter scrap metal theft by including beer kegs in the scope of laws intended to prevent copper theft.

     Anheuser Busch Companies and Miller Brewing Company testified in support of this bill.  The Office of the Public Defender opposed this measure.  The Department of the Attorney General and Department of the Prosecuting Attorney of the City and County of Honolulu provided comments.

     Your Committee has amended this bill by:

     (1)  Changing references to "stainless steel beer keg" to simply "beer keg";

     (2)  Deleting metal containers whose markings have been made illegible from the definition of "beer keg"; and

     (3)  Deleting language that establishes the offense of theft of a stainless steel beer keg within the offense of theft of copper, and inserting language that establishes a separate, misdemeanor offense of theft of a beer keg.

     Other, technical, nonsubstantive amendments have been made for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2782, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2782, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair