STAND. COM. REP. NO.  1426

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 848

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 848 entitled:

"A BILL FOR AN ACT RELATING TO METAL,"

begs leave to report as follows:

     The purpose of this bill is to deter copper theft by permanently establishing the provisions of Act 197, Session Laws of Hawaii 2007, which were set to be repealed on July 1, 2009.  These provisions, among other things:

     (1)  Established theft of copper as a felony offense;

     (2)  Imposed additional documentation and record-keeping requirements for scrap dealers purchasing copper; and

     (3)  Established minimum fines for violations of scrap dealer licensing and purchase documentation requirements.

     The Attorney General, Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, Hawaiian Electric Company, Hawaii Electric Light Company, and Maui Electric Company supported this bill.  Anheuser Busch Companies supported this measure with amendments.

     Your Committee has amended this bill by:

     (1)  Removing the sunset date on provisions establishing the misdemeanor offense of "theft of beer keg" and imposing additional documentation and record-keeping requirements for scrap dealers purchasing beer kegs; and

     (2)  Making technical, nonsubstantive amendments 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. 848, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 848, H.D. 1.

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

____________________________

JON RIKI KARAMATSU, Chair