Bill Text: HI HB853 | 2023 | Regular Session | Introduced

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Bill Title: Relating To Business Establishments.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2023-02-10 - The committee(s) on ECD recommend(s) that the measure be deferred. [HB853 Detail]

Download: Hawaii-2023-HB853-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	853
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to business establishments.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

regulation of shopping carts and similar devices

     §   -1  Findings and purpose.  (a)  The legislature declares the regulation of shopping carts, shopping baskets, and similar devices to be a matter of statewide concern.

     (b)  The purpose of this chapter is to establish a system of regulatory controls for shopping carts, shopping baskets, and similar devices to:

     (1)  Prevent the unauthorized removal of these devices from business establishments;

     (2)  Provide for the prompt retrieval of these devices when they are lost, stolen, or abandoned, to prevent public nuisances and promote the safety and general welfare of the public;

     (3)  Require business owners who provide these devices for customer use to take certain specified actions to deter, prevent, or mitigate the removal of these devices from their business premises, and to retrieve any devices that may be removed despite having undertaken these actions; and

     (4)  Prevent the continued possession of unlawfully removed shopping carts, shopping baskets, and similar devices, and the accumulation of these devices on publicly or privately owned property.

     §   -2  Definitions.  As used in this chapter:

     "Business establishment" means any business that provides shopping carts, shopping baskets, or similar devices for customer use, regardless of whether the business:

     (1)  Is advertised or operated as a retail or wholesale business; and

     (2)  Is open to the general public, is a private club or business, or is a membership store.

     "Owner" means:

     (1)  The owner or retailer identified by an identification sign on a shopping cart, shopping basket, or similar device; or

     (2)  With respect to a cart, basket, or device having no identification sign, the business establishment that provides the cart, basket, or device for customer use.

     "Security measures" means methods designed to prevent the unauthorized removal of a shopping cart, shopping basket, or similar device from the premises of a business establishment or to facilitate its return, including:

     (1)  Electronically activated self-braking wheels on a shopping cart, shopping basket, or similar device;

     (2)  A pole or other physical barrier mounted to a shopping cart, shopping basket, or similar device that prevents the removal of the cart, basket, or device from the interior of the business establishment;

     (3)  Utilization of a patrol and retrieval company that recovers shopping carts, shopping baskets, or similar devices on behalf of the business establishment, within a two-mile radius of the contracting business establishment, no fewer than two times per week; and

     (4)  Security personnel whose duties include control and retention of shopping carts, shopping baskets, or similar devices.

     §   -3  Unauthorized removal of shopping carts, shopping baskets, or similar devices; required signage; exceptions.  (a)  A person shall not remove, without proper authorization, a shopping cart, shopping basket, or similar device from the premises of any business establishment, including any parking area maintained for the customer of the business establishment, or any sidewalk or passageway adjacent to the business establishment, for any purpose whatsoever.

     (b)  This section shall not apply unless:

     (1)  The shopping cart, shopping basket, or similar device has permanently affixed to it a conspicuous sign that:

          (A)  Identifies the owner of the cart, basket, or device or the retailer associated therewith, or both;

          (B)  Notifies customers and the public that the unauthorized removal of the cart, basket, or device from the premises or parking area of the business establishment, or the unauthorized possession of the cart, basket, or device, is unlawful; and

          (C)  Lists a telephone number and address for returning to the owner or retailer any carts, baskets, or devices removed from the premises or parking area; and

     (2)  There is posted at the place or places where the shopping carts, shopping baskets, or similar devices are stored for customer use, signage conspicuously positioned that would be seen by an ordinarily observant person, to notify customers and the general public that unauthorized removal of the cart, basket, or device from the premises or parking area of the business establishment, or the unauthorized possession of the cart, basket, or device, is unlawful.

     (c)  The following persons shall not be subject to this section:

     (1)  The owner of the shopping cart, shopping basket, or similar device;

     (2)  Any agent of the owner;

     (3)  Any employee of the business establishment; or

     (4)  Any person possessing the written consent of the owner or manager of the business establishment.

     §   -4  Impoundment; notification; fees; fee deferral.  (a)  A county may impound a shopping cart, shopping basket, or similar device as follows:

     (1)  After three business days, if the cart, basket, or device is located beyond the premises or parking area of the business establishment to which it belongs and is not retrieved within three business days of the owner's receipt of notice from the county regarding the discovery of the cart, basket, or device and its location;

     (2)  Immediately, if the location of the cart, basket, or device on public or private property impedes emergency services; or

     (3)  Immediately, if the cart, basket, or device has been abandoned on private land within the county and the owner or occupant of the land consents to the impoundment.

     (b)  The applicable county shall notify in writing the owner of each shopping cart, shopping basket, or similar device that is subject to prospective impoundment under subsection (a)(1) or that has been impounded under subsection (a)(2) or (a)(3), as applicable, if the cart, basket, or device has affixed to it the signage required by section    -3(b)(1).  The county clerk may establish by rule a process for owners to register a preferred method of notification.  If delivered by United States mail, the notice shall be deemed to have been received three business days after mailing.

     (c)  The notice shall include the following information:

     (1)  In the case of a prospective impoundment under subsection (a)(1), that the owner has three days from the date of receipt of the notice to retrieve the cart, basket, or device, and that the owner's failure to do so will result in impoundment of the cart, basket, or device and the assessment of impound fees; or

     (2)  In the case of an impoundment that has already occurred under subsection (a)(2) or (a)(3):

          (A)  The amount of the impound fee to be assessed on the owner for each impounded cart, basket, or device;

          (B)  That the owner has three business days from the date of receipt of the notice to retrieve the cart, basket, or device from the impound facility; and

          (C)  That the owner's failure to timely retrieve the cart, basket, or device from the impound facility may result in disposal of the cart, basket, or device and the assessment of storage and disposal fees.

     (d)  A county that has impounded a shopping cart, shopping basket, or similar device pursuant to this section shall assess the owner a fee for each impounded cart, basket, or device, unless the fee is eligible for deferral under subsection (e).  The county may also assess the owner any applicable storage and disposal fees.  The county clerk shall establish the amount of each type of fee assessed under this section and shall post the fee schedule on the county's website.

     (e)  A county that has impounded a shopping cart, shopping basket, or similar device pursuant to this section shall defer impound fees for the first three carts, baskets, or devices owned by the same business establishment that were impounded within any calendar month if, prior to the impoundment, the owner implemented one or more security measures as defined in section    -2.  The county shall not defer impound fees for a business establishment in a calendar month if four or more carts, baskets, or devices owned by the business establishment were impounded within that calendar month."

     SECTION 2.  Section 633-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§633-16[]]  Unauthorized removal of shopping carts, etc.[; notice; exceptions.]; action for damages; repossession.  [(a)  A person shall not remove, without proper authorization, a shopping cart, shopping basket, or similar device from the premises of any business establishment, including any parking area maintained for the customer of the business establishment, or any sidewalk or passageway adjacent to the business establishment, for any purpose whatsoever.

     (b)  This section shall not apply unless:

     (1)  The shopping cart, shopping basket, or similar device has securely affixed to it a conspicuous sign identifying it as belonging to the business establishment; and

     (2)  There is posted at the place or places where the shopping carts, shopping baskets, or similar devices are stored for customer use, a sign or signs conspicuously positioned in order to be seen by an ordinarily observant person, to notify customers and the general public that the carts, baskets, or devices shall not be removed from the premises, parking areas, sidewalks, or passageways adjacent thereto.

     (c)  The following shall not be subject to this section:

     (1)  The owner of the shopping cart, shopping basket, or similar device;

     (2)  Any agent of the owner;

     (3)  Any employee of the business establishment;

     (4)  Any person possessing the written consent of the owner or manager of the business establishment.

     (d)] (a)  Any business establishment that is damaged in its business or property by reason of a violation of [subsection (a):] section    -3:

     (1)  May sue in the small claims division of the district court in the circuit where the business establishment is situated for damages sustained, and if the judgment is for the business establishment, it may be awarded a sum equal to the replacement value of the shopping cart, shopping basket, or similar device together with the costs of the suit; and

     (2)  May bring proceedings to enjoin further unauthorized removal of shopping carts, shopping baskets, or similar devices.

     [(e)] (b)  In the case of repossession proceedings, the business establishment entitled to the possession of the shopping cart, shopping basket, or similar device, shall bring and prosecute its action in the small claims division of the district court in the circuit where the business establishment is situated.

     [(f)] (c)  The court in the small claims division shall grant judgment in favor of the business establishment if:

     (1)  The plaintiff is the lawful owner of the shopping cart, shopping basket, or similar device which has been adequately identified;

     (2)  The plaintiff has given notice as provided in [subsection (b)(2)] section    -3 that the unauthorized removal of shopping carts, shopping baskets, or similar devices is prohibited;

     (3)  The shopping device has been removed from the premises of the business establishment without proper authorization; and

     (4)  The defendant is in possession or has control of the shopping devices.

     [(g)] (d)  A person who has been found by the court to have removed, without proper authorization, a shopping cart, shopping basket, or similar device may be liable for payment of an award under this section or a criminal fine under section 706-640, but not both."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Business Establishments; Shopping Carts; Similar Devices; Regulation

 

Description:

Adds a new chapter to the HRS to establish a system of regulatory controls for shopping carts and similar devices to prevent unauthorized removal from business establishments; provide for prompt retrieval when lost, stolen, or abandoned; require business owners to take certain specified actions to deter, prevent, or mitigate the removal of these devices from their premises and to retrieve any removed devices; and to prevent the continued possession of unlawfully removed shopping carts and similar devices and the accumulation of these devices on publicly or privately owned property.

 

 

 

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