Bill Text: HI HB124 | 2018 | Regular Session | Introduced
Bill Title: Relating To Copper.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB124 Detail]
Download: Hawaii-2018-HB124-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
124 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to copper.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. For many years, theft of copper from both private property and public infrastructure has been a serious problem statewide. Because copper brings a high price from North American and Asian recyclers, it is the most valuable and in-demand commodity on Hawaii's scrap metal market. Thieves have been known to take copper in the form of wires, tubing, pipes, construction material, and equipment parts for the purpose of selling to scrap dealers.
On Oahu's H-1 and H-2 freeways, recurring theft of copper wiring from electrical boxes servicing light poles has left large sections of these busy roadways in the dark, creating chronic safety concerns for motorists, pedestrians, and nearby businesses and residents. In addition, theft of copper from public property statewide has cost Hawaii taxpayers millions of dollars in repair and replacement costs over the last several years and has preoccupied critical law enforcement resources. Hawaii home and business owners have also suffered great losses from the theft of scrap copper from their property.
Law enforcement officers theorize that the ease of selling scrap copper at lucrative prices in the State contributes to the theft epidemic. Although current law requires scrap dealers to keep extensive records of all copper transactions, these requirements have proven insufficient to disrupt market factors sufficiently to deter copper theft. Further administrative requirements placed on scrap dealers would have the effect of unfairly burdening those small businesses that are diligent in their efforts to comply with the law. The legislature finds that criminal penalties targeting individual bad actors in the scrap metal industry are necessary to disrupt the illicit scrap metal market sufficiently to deter copper theft in the State.
SECTION 2. Section 445-235, Hawaii Revised Statutes, is amended to read as follows:
"§445-235 Prohibitions; penalty. (a) Any person who violates section 445-232, 445-233, or 445-233.5, or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706, except that the court shall impose a minimum sentence of:
(1) A fine of $1,000 for the first offense;
(2) A fine of $3,000 for the second offense; and
(3) A fine of $5,000 and the suspension of the scrap dealer's license for a period of six months for the third or subsequent offense; provided that if the third or subsequent offense occurs within a five-year period from the occurrence of two prior offenses, the scrap dealer shall be subject to license revocation.
(b) Any scrap dealer who knowingly receives stolen copper shall be guilty of a class C felony and shall be sentenced in accordance with chapter 706, except that the court shall impose a minimum sentence of:
(1) A fine of $5,000 and suspension of the scrap dealer's license for a period of six months for the first offense; and
(2) A fine of $10,000 and revocation of the scrap dealer's license for a subsequent offense committed within five years of a prior offense under this subsection."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2017.
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INTRODUCED BY: |
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Report Title:
Theft of Copper; Scrap Dealers; Penalty
Description:
Establishes a Class C felony and specifies penalties for a scrap metal dealer who knowingly accepts stolen copper.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
