STAND. COM. REP. NO.  1089

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 848

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, 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 making permanent the provisions of Act 197, Session Laws of Hawaii (SLH) 2007, which:

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

(2) Imposed additional documentation requirements for scrap dealer purchases of copper; and

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

     The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department (HPD), Hawaiian Electric Company, Hawaii Electric Light Company, and Maui Electric Company testified in support of this bill.

     HPD has testified that in 2006 it received reports of 426 copper theft cases totaling $935,773 in stolen copper.  In 2008 and following the passage of Act 197, only 84 such cases, totaling $297,432 in stolen copper, were reported to HPD.  Public utilities have similarly reported a reduction of copper theft incidents that have previously inconvenienced utility customers and posed dangers to those attempting to steal copper from utility facilities that are energized at high voltages.  Your Committee finds that the demonstrated effectiveness of Act 197 in reducing copper thefts warrants making this law permanent.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 848 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair