SB2279

SECTION 1. The legislature finds that in recent years, the State has seen an increase in the number of catalytic converters being stolen from vehicles and resold for profit. Catalytic converters contain precious metals such as platinum, palladium, and rhodium, making catalytic converters highly sought after by thieves due to their high resale value. Catalytic converters remove toxic elements from the exhaust stream making them essential to vehicles and thus are federally mandated to be installed on a vehicle. A catalytic converter can be stolen in less than sixty seconds and cause extensive damage to a vehicle, leading to hundreds, if not thousands of dollars in repair costs.

The purpose of this Act is to:

(1) Require scrap dealers who deal with catalytic converters to keep records of purchases and sales of catalytic converters, which may aid in the apprehension of those who engage in the theft and sale of catalytic converters; and

(2) Establish the offense of theft of catalytic converter as a class C felony.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§708- Theft of catalytic converter. (1) A person commits the offense of theft of catalytic converter if the person:

(a) Obtains a catalytic converter through any means described in section 708-830; or

(b) Violates section 445-233 in regard to a catalytic converter.

(2) For the purposes of this section, "catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions.

(3) Theft of a catalytic converter is a class C felony."

SECTION 3. Section 289-1, Hawaii Revised Statutes, is amended as follows:

1. By adding one new definition to be appropriately inserted and to read:

""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions."

2. By amending the definition of "used motor vehicle part or accessory" to read:

""Used motor vehicle part or accessory" means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof[.], except for a used catalytic converter."

SECTION 4. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions."

SECTION 5. 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, a catalytic converter, a beer keg, or an urn, in whole or in part, 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, catalytic converter, beer keg, or urn, in whole or in part, and shall report the attempted sale to the police.

(e) If the scrap dealer purchases any copper, catalytic converter, beer keg, or urn, in whole or in part, the scrap dealer shall take a photograph or photographs of all of the copper, catalytic converter, beer keg, or urn, 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 valid identification. If the scrap being offered for sale is copper, a catalytic converter, a beer keg, or an urn, in whole or in part, 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 6. Section 445-233.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If the scrap dealer or recycler, as applicable, purchases any copper[,] or catalytic converter, payment [~~for the copper~~] shall be made by check payable to the seller. At the time of sale of the copper[,] or catalytic converter, the seller shall present to the scrap dealer or recycler a valid photo identification card or license of the seller issued by a federal or state government agency authorized to issue valid identification. The check may be mailed to the address shown on the identification, or the scrap dealer or recycler may arrange for the check to be picked up personally by the seller at the place of business of the scrap dealer or recycler."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2279
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII