Bill Text: HI HB446 | 2021 | Regular Session | Amended
Bill Title: Relating To Motor Vehicles.
Spectrum: Moderate Partisan Bill (Democrat 17-2)
Status: (Engrossed - Dead) 2021-03-25 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [HB446 Detail]
Download: Hawaii-2021-HB446-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
446 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
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STATE OF HAWAII |
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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 a catalytic converter if the person commits
theft of a 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 a catalytic converter is a class C felony."
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 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. Section 445-231, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Catalytic converter"
means an emissions control device incorporated into a motor vehicle's exhaust system
that converts toxic vehicle emissions to less harmful substances by way of catalyzed
chemical reactions and which includes a catalyst component made of catalytic converter
metals.
"Catalytic converter metals" means any amount of palladium, platinum, or rhodium in any form, whether by itself or as part of another item."
SECTION 5. Section 445-233, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) If the scrap
presented for purchase by anyone other than a manufacturing,
industrial, or other commercial vendor that generates or sells catalytic converters
in the ordinary course of its business, such as a licensed scrap dealer, towing
company, or muffler repair shop, is copper, a catalytic converter, catalytic
converter metals, a beer keg, or an urn, 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] before 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) through (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, catalytic converter, catalytic converter
metal, beer keg, or urn, in whole or in part, and shall report the
attempted sale to the police.
(e) If the scrap dealer purchases any copper, catalytic
converter, catalytic converter metal, beer keg, or urn, in whole or in
part, the scrap dealer shall take a photograph or photographs of [all of]
the copper, catalytic converter, catalytic converter metal, beer keg, or
urn, 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 valid identification.
If the scrap being offered for sale is copper, a catalytic converter,
catalytic converter metals, 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."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2050.
Report Title:
Catalytic Converters; Theft; Used Motor Vehicle Parts and Accessories; Motor Vehicles; Fines; Scrap Dealers; Metals
Description:
Establishes a new offense of theft of a catalytic converter. Requires vehicle registration records 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. Regulates the purchase of catalytic converters and catalytic converter metals by scrap dealers. Effective 1/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
