HOUSE OF REPRESENTATIVES |
H.B. NO. |
1991 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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 and subsequent resale of bicycles. 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 notes that stolen items are
occasionally resold through pawnshops, businesses that purchase secondhand
items, and online sales platforms.
Businesses with a physical presence and monetary transactions in the
State must be licensed to operate and are required to submit records of transaction
to county police departments. However,
records of these transactions are currently being submitted in hard copy. This manual inputting of data by the county
police departments creates an unnecessary lag and is an impediment to quickly
comparing and identifying potentially stolen items against itemized lists from
recent burglaries and thefts.
The legislature also finds that allowing pawnbrokers and secondhand dealers to submit electronic records will enable county police departments to process these records in a more efficient manner and decrease the time frame for record retention. Authorizing electronic submittal for records of transaction would also allow articles to be properly categorized, listed, itemized, and accounted in real time. An electronic submission system that contains detailed descriptions or pictures of all markings, inscriptions, serial numbers of bicycles, and serial numbers of electronics would allow detectives to quickly identify stolen items and could be shared to other law enforcement agencies in the State.
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;
(2) Require the police department in counties with a population of five hundred thousand or more to establish the publicly available online stolen bicycle database; and
(3) Update the recordkeeping and retention requirements for businesses that purchase previously owned articles.
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 shall
sell or offer for sale 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 bicycle 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 bicycle 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 section shall be guilty of a misdemeanor and 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.
(e) The prosecution need not prove the person's state
of mind as to the attendant circumstance of the offense occurring in a county with
a population of five hundred thousand or more.
(f) It shall be an affirmative defense that the person
viewed the publicly available online stolen item database and did not see the bicycle
listed prior to selling or offering to sell the bicycle."
SECTION 3. Section 486M-2, Hawaii Revised Statutes, is amended to read as follows:
"§486M-2 Record of transactions. (a) Every dealer, or the agent, employee, or
representative of the dealer shall, immediately upon receipt of any article,
record the following information, on an electronic recordkeeping form or
a paper form authorized by the chief of police in each county:
(1) The
name and address of the dealer;
(2) The
name, residence address, date of birth, and the age of the person from whom the
article was received;
(3) The
date and time the article was received by the dealer;
(4) The
signature of the person from whom the article was received;
(5) The
Hawaii [[]driver's[]] license number, or if the person does not
possess a Hawaii [[]driver's[]] license, the number of and description
of any government issued identification [which] that bears a
photograph of the person from whom the article was received;
(6) A
photograph of the person from whom the article was received;
[(6) A]
(7) Either a complete and
accurate description of the article received, including all markings, names,
initials, and inscriptions[;], and unique-identifying markings, including
serial numbers or emblem numbers, or photographs accurately depicting the article
received, including all markings, names, initials, inscriptions, and unique identifying
markings, such as serial numbers or emblem numbers;
[(7)] (8)
A reasonable estimate of the fineness
and weights of the precious and semiprecious metals and precious and semiprecious
gems received; [and
(8)] (9)
The price paid by the dealer for each
article[.]; and
(10) A
signed copy of any pawn transaction agreement made pursuant to part V of chapter
445, if any.
(b) Upon request and at the discretion of the
chief of police of each county, copies of all completed forms required by this
section shall be surrendered, mailed, or electronically inputted and
transmitted via modem or by facsimile transmittal to the chief of police or to
the chief of police's authorized representative. [The method of submittal to the chief of
police shall be at the option of the dealer.] The chief of police of
each county or the chief of police's authorized representative shall determine
the method of submission for recordkeeping, whether the submissions be by
electronic forms or paper forms; provided that, in any county with a population
of five hundred thousand or more, completed forms shall be submitted free of
charge through a webpage, online service, or online application established by
the county police department or any other agency as designated by the county.
(c) The requirements for a
photograph of the person from whom the article was received, the submission of
recordkeeping by electronic means through a webpage, online service, or online
application, and submission of a photograph of the person from whom the article
was received shall not apply to any dealer, or dealer's agent, employee, or
representative, where the dealer first obtained a pawn or secondhand license on
or before January 1, 2002, and has continuously operated a pawn or
secondhand business that is open to the public and has a physical address since
January 1, 2002."
SECTION 4. Section 486M-4, Hawaii Revised Statutes, is amended to read as follows:
"§486M-4 Minimum retention of items.
(a) No dealer, the dealer's
agents, employees, or representatives shall alter, melt, deface, break apart,
dispose of, or change the character or integrity of the precious or semiprecious
metals or precious or semiprecious gems received or purchased for a period of
fifteen calendar days [in counties with a population of less than three hundred
thousand and thirty calendar days in counties with a population of three hundred
thousand or more] after the purchase or possession by the dealer, whichever
comes later. Every article received by
the dealer, the dealer's agents, employees, or representatives shall be
retained by the dealer in the county where received or purchased for a period of
fifteen calendar days [in counties with a population of less than three hundred
thousand and thirty calendar days in counties with a population of three hundred
thousand or more] after the purchase or possession by the dealer, whichever
comes later.
[(b)
At the discretion of the chief of police of each county, the holding
period may be reduced to fifteen calendar days; provided that the dealer has
computerized record-keeping and transmittal capabilities acceptable to the
chief of police or the chief of police's authorized representative.
(c)] (b) Notwithstanding subsection (a) to the contrary,
a secondhand dealer operating an automated recycling kiosk shall retain previously
owned consumer handheld electronic cellular phone devices for a total period of
thirty calendar days from the date they were received or purchased; provided that
the secondhand dealer operating an automated recycling kiosk may store the previously
owned consumer handheld electronic cellular phone devices at a business location
outside the county where the devices were received or purchased; provided further
that[,] upon request by law enforcement within the thirty-day retention period,
a secondhand dealer operating an automated recycling kiosk shall promptly return
any requested devices no later than five business days from the date of the request
at no cost to the requesting law enforcement agency."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Bicycles; Stolen Property; County Police Departments; Online Stolen Bicycle Database; Recordkeeping; Retention
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 bicycle database. Requires the County Police Department to establish the publicly available online stolen item database. Updates the recordkeeping and retention requirements for businesses that buy previously owned articles. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.