HOUSE OF REPRESENTATIVES

H.B. NO.

446

THIRTY-FIRST LEGISLATURE, 2021

H.D. 3

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR VEHICLES.

 

 

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

 


SECTION 1. 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 a 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 289-6 in regard to a catalytic converter.

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

(3) 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."

SECTION 2. Section 289-6, Hawaii Revised Statutes, is amended to read as follows:

"289-6 Records to be kept. (a) Every licensee shall keep a record, and maintain it for three years, in the form the director of finance prescribes, of the purchases, consignments, sales, and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each wrecked, salvaged, or rebuilt motor vehicle, used motor vehicle part or accessory purchased, sold, consigned to be sold, or exchanged, and the records shall be at all times open to the inspection of the director of finance, or the director of finance's authorized representative, or any police officer. The records shall contain:

(1) The name, address, vehicle registration, and a photocopy of the driver's license [number] of all persons from whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is purchased or received, the date of their receipt or acquisition, and the consideration given;

(2) The name and address of any person to whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is sold, consigned to be sold, or otherwise exchanged, the consideration received therefor, and its date of disposition;

(3) The name and address of any person who has received any money, commissions, or anything of value, or to whom the same is due and owing, in connection with the sale or purchase of any [such] motor vehicle, or used motor vehicle part or accessory; and

(4) A description of every [such] motor vehicle, used motor vehicle part, or accessory, including the identifying number or numbers for each [such] motor vehicle or used motor vehicle part or accessory.

(b) If the seller does not provide a copy of the information required under subsection (a)(1), the licensee shall not purchase the wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory and shall report the attempted sale to the police."

SECTION 3. Section 289-8, Hawaii Revised Statutes, is amended to read as follows:

"289-8 Penalties. Whoever violates any of the provisions of this chapter or any lawful rule [or regulation] promulgated by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined [not] no less than [$25] $100 nor more than [$500.] $2,000."

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 January 1, 2022.



 

Report Title:

Catalytic Converters; Theft; Used Motor Vehicle Parts and Accessories; Motor Vehicles; Fines; Metals

 

Description:

Establishes a new offense of theft of a catalytic converter. Requires vehicle registration records and photocopies of driver's licenses to be kept for businesses engaged in the selling or negotiating the purchase of used motor vehicle parts or accessories or licensed to wreck, salvage, or dismantle motor vehicles. Requires these businesses to refuse purchase of used motor vehicle parts or accessories and report the attempted sale to police if a seller does not provide certain information. Changes the fine for any violations of the used motor vehicle parts and accessories laws. Effective 1/1/2022. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.