Report Title:

Scrap Metal; Theft

 

Description:

Includes stainless steel beverage containers in laws intended to prevent theft and resale of copper. (SD1)

 


THE SENATE

S.B. NO.

2782

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO METAL.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Stainless steel beverage container" means an iron-carbon alloy product with a minimum of ten per cent chromium content, including parts of the product; provided that a stainless steel beverage container is not a deposit beverage container, as defined under section 342G-101."

SECTION 2. 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 or a stainless steel beverage container, 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), (e), and (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 or stainless steel beverage container, in whole or in part, and shall report the attempted sale to the police.

(e) If the scrap dealer purchases any copper or stainless steel beverage container, in whole or in part, the scrap dealer shall take a photograph or photographs of all of the copper or stainless steel beverage containers 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 [such] valid identification. If the scrap being offered for sale is copper or stainless steel beverage container, 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 3. Section 708-835.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-835.7[]] Theft of copper[.] or stainless steel beverage container. (1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.

(2) A person commits the offense of theft of a stainless steel beverage container if the person commits theft of a stainless steel beverage container that weighs a pound or more.

(3) Theft of copper or a stainless steel beverage container is a class C felony[.]; provided that "stainless steel beverage container shall have the same meaning as defined under section 445-231."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2008 and shall be repealed on July 1, 2010; provided that section 445-231 and 445-233, Hawaii Revised Statutes, shall be reenacted in the form in which these sections read on the day before the effective date of this Act.