Haw. Rev. Stat. § 289-9

Current through Chapter 253 of the 2024 Legislative Session
Section 289-9 - Statement required; catalytic converter
(a) Every licensee, before the purchase of a catalytic converter within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the catalytic converter. This statement shall also contain the:
(1) Seller's name, business or residence address, and occupation;
(2) Description, including serial numbers and other identifying marks, when practical, of every catalytic converter;
(3) Amount paid to the seller;
(4) Date, time, and place of the sale; and
(5) License plate number of any vehicle used to deliver the property to the place of purchase.
(b) The seller shall provide a copy of a receipt that describes, with particularity:
(1) The exact item that is being offered for sale;
(2) The name of the person who issued the receipt;
(3) The date of sale of the item before the item's being offered to the licensee; and
(4) The price, if any, of the item when obtained by the seller.
(c) If a receipt is not available, the seller shall provide to the licensee a notarized declaration that describes with particularity:
(1) The exact item that is being offered for sale;
(2) The name of the person who sold or otherwise transferred the item to the seller;
(3) The date of sale of the item; and
(4) The price, if any, of the item when obtained by the seller.
(d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsection (b) or (c), respectively, the licensee shall not purchase the catalytic converter, in whole or in part, and shall report the attempted sale to the applicable county police department.
(e) Upon purchase of any catalytic converter, in whole or in part, the licensee shall take one or more separate photographs of each individual catalytic converter offered for sale.
(f) The licensee shall require the seller to verify the seller's identity by presenting a valid photo identification card or driver's license issued by a federal or state government agency authorized to issue valid identification. The licensee shall:
(1) Take a photograph of the seller; and
(2) Make a photocopy of the photo identification card or driver's license of the seller.
(g) The licensee shall keep at the licensee's place of business:
(1) The signed written statement required by subsection (a);
(2) The receipt or notarized declaration required by subsection (b) or (c);
(3) Photographs required by subsection (e); and
(4) The photograph of the seller and a photocopy of the seller's photo identification card or driver's license required by subsection (f),

for a period of three years after the date of purchase. The statement, receipt or notarized declaration, photographs of each individual catalytic converter offered for sale, and photograph of the seller and photocopy of the seller's photo identification may be examined at any time by the director of finance, chief of police, attorney general, prosecuting attorney, or their designees.

(h)Every licensee, when the licensee purchases a catalytic converter within the State, shall attach a tag to the catalytic converter that shall include the year, make, model, license plate number, and vehicle identification number of the vehicle from which the catalytic converter was removed and the name of the seller. The licensee shall report the purchase to the applicable county police department, the record of which shall be maintained in the police department's database. The licensee shall maintain possession of the purchased catalytic converter for a period of sixty days before selling, exchanging, recycling, or otherwise disposing of the catalytic converter.

HRS § 289-9

Added by L 2022, c 88,§ 2, eff. 1/1/2023.