HOUSE OF REPRESENTATIVES

H.B. NO.

1991

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONSUMER PROTECTION.

 

 

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

 

     SECTION 1.  The legislature finds that the theft of personal items may significantly impact a person financially as well as in other ways, such as the loss of work data or school notes on a laptop or the loss of memories on a cellular phone.  Bicycle thefts further impact the State's sustainability goals of reducing carbon emissions and utilizing low carbon transportation as residents are inhibited in investing in and using bicycles for transportation.  Reducing resale opportunities for these items is one way to decrease the motivation to steal them.

     The legislature further finds that while bicycles are required to be registered with the county and the failure to do so subjects the owner to fines, these requirements have been insufficient to stop the theft of bicycles and their resale.  The legislature believes that the creation of a publicly available database of stolen bicycle serial and emblem numbers would help deter the theft of bicycles and the resale of stolen bicycles.

     The legislature additionally finds that establishing this law enforcement database can serve as a first step toward creation of a publicly available searchable portal in the database.  This would allow victims of property crime to look for, report, and find their own personal property and possibly kick start investigations where no physical evidence exists.  A searchable database would also allow prospective buyers in online sales platforms to check whether the item is listed as stolen and would hold sellers to a higher standard of accountability and encourage minimal due diligence to avoid engaging in the sale of stolen property.

     The purpose of this Act is to:

     (1)  Prohibit, in counties with a population of five hundred thousand or more, the sale of a bicycle that is reported as stolen and listed on a publicly available online stolen item database; and

     (2)  Require the police department in counties with a population of five hundred thousand or more to establish the publicly available online stolen item database.

     SECTION 2.  Chapter 293, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§293-     Prohibition of sale; stolen.  (a)  In any county with a population of five hundred thousand or more, no person may sell a bicycle on an online sales platform, at a dealer, or elsewhere if:

     (1)  The bicycle has been reported as stolen to a county police department; and

     (2)  The bicycle is listed on a publicly available online stolen item database as provided in subsection (b).

     (b)  In any county with a population of five hundred thousand or more, the county police department or any other agency as designated by the county shall establish the publicly available online stolen item database that allows persons to verify if a bicycle serial number or emblem number has been reported as stolen.

     (c)  Any person who violates this subsection shall be fined either $500, the listed sale price on the advertisement, or the actual sale price, whichever is greater.

     (d)  For purposes of this section:

     "Dealer" has the same meaning as in section 486M-1.

     "Online sales platform" means an internet website or application that:

     (1)  Is open to the public;

     (2)  Operates in the State; and

     (3)  Enables the sale of goods between persons using any medium of facilitation."

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

     SECTION 4.  This Act shall take effect on January 1, 2222.

 

 

Report Title:

Bicycles; Stolen; County Police Departments

 

Description:

In counties with a population of five hundred thousand or more, prohibits the sale of a bicycle that is reported as stolen and is listed on a publicly available online stolen item database and requires the county police department to establish the publicly available online stolen item database.  Effective 1/1/2222.  (HD1)

 

 

 

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