| 47 | | - | SECTION 1. Chapter 289, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§289- Statement required; catalytic converter. (a) Every licensee, when the licensee purchases a catalytic converter within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the catalytic converter. This statement shall also contain the: (1) Seller's name, business or residence address, and occupation; (2) Description, including serial numbers and other identifying marks, when practical, of every catalytic converter; (3) Amount paid to the seller; (4) Date, time, and place of the sale; and (5) License number of any vehicle used to deliver the property to the place of purchase. (b) 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 being offered to the licensee; and (4) The price, if any, of the item when obtained by the seller; provided that the seller shall also provide to the licensee a notarized declaration, describing with particularly, the make, model, year, color, vehicle identification number, and license number of the vehicle from which the catalytic converter was removed; provided further that this subsection shall not apply to the purchase of catalytic converters by manufacturing, industrial, or other commercial vendors that generate or sell catalytic converters in the ordinary course of their business, such as licensed scrap dealers, towing companies, or muffler repair shops. (c) If a receipt is not available, the seller shall provide to the licensee a notarized declaration, describing with particularity: (1) The exact item that is being offered for sale; (2) Who sold or otherwise transferred the item to the seller; (3) The date of sale of the item; and (4) The price, if any, of the item when obtained by the seller. (d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsections (b) and (c), the licensee shall not purchase the catalytic converter, in whole or in part, and shall report the attempted sale to the police. (e) If the licensee purchases any catalytic converter, in whole or in part, the licensee shall take a photograph or photographs of the catalytic converter offered for sale. (f) The licensee shall 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. The licensee shall: (1) Take a photograph of the seller; or (2) Make a photocopy of the identification card or license of the seller. (g) The licensee shall keep at the licensee's place of business the signed written statement, receipt or notarized declaration required by subsections (b) and (c), photographs required by subsection (e), and photocopy of the identification card or license or photograph of the seller required by subsection (f), if applicable, from the seller for a period of two years after the date of purchase and the statement, receipt or notarized declaration required by subsections (b) and (c), photographs required by subsection (e), and photocopy or photograph required by subsection (f), if applicable, may be examined at any time by the director of finance, chief of police, attorney general, prosecuting attorney, or their designees. (h) For 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. 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 obtains, receives, retains, disposes of, or exerts unauthorized control over a catalytic converter through any means described in section 708-830. (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 catalytic converter is a class C felony." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 47 | + | 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 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 scrap 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 catalytic converter is a class C felony." SECTION 2. Section 445-231, Hawaii Revised Statutes, is amended by adding three new definitions 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 one or more catalytic metals for converting pollutant gas emissions into less harmful emissions. "Catalytic metals" includes palladium, platinum, and rhodium. "Scrap catalytic converter" means a catalytic converter from which some or all of the catalyst metals have been removed." SECTION 3. Section 445-233, Hawaii Revised Statutes, is amended to read as follows: "§445-233 Statement required. (a) Every scrap dealer, when the dealer purchases scrap within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the scrap. This statement shall also contain the seller's name; the seller's business or residence address; the seller's occupation; a description, including serial numbers and other identifying marks, when practical, of every scrap; the amount received by the seller; the date, time, and place of the sale; and the license number of any vehicle used to deliver the property to the place of purchase. (b) If the scrap presented for purchase is copper, a beer keg, [or] an urn, or a scrap catalytic converter, in whole or in part, or any catalytic metals that have been removed from a catalytic converter, 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[.]; provided that, if the scrap presented for purchase is scrap catalytic converter or any catalytic metals that have been removed from a catalytic converter, the seller shall also provide to the scrap dealer a notarized declaration, describing, with particularity, the make, model, year, color, vehicle identification number, and license number of the vehicle from which the catalytic converter or catalytic metals were removed. (c) If a receipt is not available, the seller shall provide to the scrap dealer a notarized declaration, describing with particularity: (1) The exact item that is being offered for sale; (2) Who sold or otherwise transferred the item to the seller; (3) The date of sale of the item; and (4) The price, if any, of the item when obtained by the seller. (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, beer keg, [or] urn, or scrap catalytic converter, in whole or in part, or catalytic metals, and shall report the attempted sale to the police. (e) If the scrap dealer purchases any copper, beer keg, or urn, in whole or in part, the scrap dealer shall take a photograph or photographs of [all of the copper, beer keg, or urn,] items offered for sale. (f) If the scrap dealer purchases any scrap catalytic converter or any catalytic metals that were removed from a catalytic converter, the scrap dealer shall take a photograph or photographs of the vehicle from which the catalytic converter or catalytic metals were removed; provided that the photograph or photographs shall be taken at the time of sale of the scrap catalytic converter or catalytic metals. (g) No private seller shall sell to a scrap dealer more than one scrap catalytic converter per day; provided that a seller that is a business entity, including but not limited to a licensed recycling company or towing company, may sell up to five scrap catalytic converters per day. [(f)] (h) 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 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. [(g)] (i) The scrap dealer shall keep at the dealer's place of business the signed written statement, the receipt or notarized declaration required by subsections (b) and (c), the photographs required by [subsection] subsections (e)[,] and (f), and the photocopy of the identification card or license and photograph of the seller required by subsection [(f),] (h), if applicable, from the seller for a period of two years after the date of purchase and the statement, the receipt or notarized declaration required by subsections (b) and (c), the photographs required by [subsection] subsections (e)[,] and (f), and the photocopy and photograph required by subsection [(f),] (h), if applicable, may be examined at any time by the treasurer, the chief of police, the attorney general, the prosecuting attorney, or their designees. [(h)] (j) Public utilities, as defined in section 269-1, shall be exempt from the requirements of subsections (b) and (c). When the seller is a public utility, the scrap dealer shall not be required to obtain the statement required by subsection (a), and the scrap dealer shall not be prohibited by subsection (d) from purchasing the copper from the public utility." 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 upon its approval. INTRODUCED BY: _____________________________ |
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