STAND. COM. REP. NO.  47-08

 

Honolulu, Hawaii

                , 2008

 

RE:   H.B. No. 2347

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2347 entitled:

 

"A BILL FOR AN ACT RELATING TO METAL,"

 

begs leave to report as follows:

 

     The purpose of this bill is to clarify the application of penalties for violations of the scrap dealer law by specifying that penalties may be imposed for violations of either the scrap dealer licensing or scrap documentation statutes.

 

     The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, and Honolulu Police Department testified in support of this bill.

 

     Section 445-235, Hawaii Revised Statutes (HRS), sets forth penalties for violations of the scrap dealer law under Part X of Chapter 445, HRS.  That section currently states in part that a scrap dealer incurs a penalty for a violation of sections 445-232 (licensing) and 445-233 (documentation of scrap purchased by dealer), HRS.  There are concerns that this phrasing could be interpreted as requiring a violation of both sections before a penalty may be imposed.

 

     Your Committee finds that by specifying that a penalty may be imposed for a violation of either the scrap dealer licensing or scrap documentation statutes, this measure clarifies the legislative intent behind the application of penalties under the scrap dealer law.

 

     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 H.B. No. 2347 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