New Bike Laws

New Laws Related to Biking

HB1991 HD2 SD2 CD1 Description:

In counties with a population of five hundred thousand or more, prohibits the sale of a bicycle that has been reported as stolen and is listed on a publicly available online stolen bicycle database. Requires the county police department or other designated agency to establish the publicly available online stolen bicycle database. Updates the recordkeeping and retention requirements for businesses that buy previously owned articles. (CD1)

Find PDF here

Date Passed: 7/18/2022

Who was involved: MARTEN, BELATTI, BRANCO, GANADEN, GATES, HASHIMOTO, HOLT, ICHIYAMA, ILAGAN, JOHANSON, LOPRESTI, LOWEN, MATAYOSHI, MORIKAWA, NAKAMURA, NISHIMOTO, ONISHI, PERRUSO, TAM, TARNAS, TODD, WILDBERGER, Mizuno

Companion: SB2646

In counties with a population of five hundred thousand or more, prohibits the sale of a bicycle that has been reported as stolen and is listed on a publicly available online stolen bicycle database. Requires the county police department or other designated agency to establish the publicly available online stolen bicycle database. Updates the recordkeeping and retention requirements for businesses that buy previously owned articles. (CD1)

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:

¬†¬†¬†¬†¬†¬ß486M-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.


Webpage: https://www.capitol.hawaii.gov/session2022/bills/SB3158_SD2_.HTM

SB3158 SD2 HD1 CD1 Description:

Establishes the Electric Bicycle and Electric Moped Rebate Program and subaccount to encourage the purchase and use of electric bicycles and electric mopeds. Appropriates funds for the electric bicycle and electric moped subaccount. (CD1)

Find PDF here

Date Passed: 7/18/2022

Goes into Effect: 7/01/2022

Who was involved: LEE, GABBARD, INOUYE, RHOADS, Acasio, Nishihara

Establishes the Electric Bicycle and Electric Moped Rebate Program and subaccount to encourage the purchase and use of electric bicycles and electric mopeds. Appropriates funds for the electric bicycle and electric moped subaccount.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

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

     SECTION 1.  The purpose of this Act is to reduce the cost of living and cost of transportation by providing rebates for the purchase and use of electric bicycles and electric mopeds.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     §196-    Electric bicycle and electric moped rebate program; third-party administrator; special fund.  (a)  The department of transportation shall administer a rebate program that incentivizes the purchase of new electric bicycles and new electric mopeds and may contract with a third-party administrator pursuant to subsection (i) to operate and manage the rebate program.

     (b)  Each eligible purchase of a new electric bicycle or new electric moped shall receive a rebate of either twenty per cent of the retail cost or $500, whichever amount is lower; provided that no individual shall receive more than $500 in total rebates each fiscal year.

     (c)  The department of transportation shall not issue more than $700,000 in total rebates under this section each fiscal year; provided that the electric bicycle and electric moped subaccount within the highway development special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates.  The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable.  The department of transportation shall allow valid claims filed by eligible applicants for whom sufficient funds may not be immediately available to receive a rebate as funds may be available in a subsequent year.

     (d)  The department of transportation shall:

     (1)  Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

     (2)  Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale, a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle or new electric moped.

     (e)  This section shall apply to new:

     (1)  Electric bicycles capable of speeds of no more than twenty-eight miles per hour; and

     (2)  Electric mopeds,

purchased at a retail store after July 1, 2022.

     (f)  Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric bicycle and electric moped rebate program.  Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate.

     (g)  Nothing in this section shall alter taxes due on the original purchase.  Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

     (h)  In administering the electric bicycle and electric moped rebate program, the department of transportation shall provide rebates to persons eighteen years or older who:

     (1)  Are eligible for:

          (A)  The Supplemental Nutrition Assistance Program;

          (B)  The free and reduced price lunch program;

          (C)  Section 8 of the United States Housing Act of 1937, as amended; or

          (D)  Similar low-income assistance programs identified by the department of transportation;

     (2)  Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or

     (3)  Are enrolled in school, community college, or university.

¬†¬†¬†¬†¬†(i)¬†¬†The department of transportation may contract with a third-party administrator to operate and manage the electric bicycle and electric moped rebate program.¬†¬†The third-party administrator shall not be deemed to be a “governmental body” as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from moneys provided by the federal government or private funding sources.¬†¬†The third-party administrator shall not expend more than ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for administration of the electric bicycle and electric moped rebate program.

     SECTION 3.  Section 264-122, Hawaii Revised Statutes, is amended to read as follows:

¬†¬†¬†¬†¬†“[[]¬ß264-122[]]¬†¬†Highway development special fund.¬†¬†(a)¬†¬†There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:

     (1)  Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;

     (2)  Interest from investment of deposits; and

     (3)  Legislative and county appropriations.

     (b)  Moneys in the highway development special fund shall be used for the following purposes:

     (1)  Capital costs of qualifying proposed state highway improvements;

     (2)  Reevaluation of the need, geographic limitations, amount, and use of impact fees;

     (3)  Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;

     (4)  Transfers under sections 36-27 and 36-30;

     (5)  Refunds under section 264-125; and

     (6)  The department’s costs to implement this part, including but not limited to costs to administer the highway development special fund.

     (c)  The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.

     (d)  There is established within the highway development special fund an electric bicycle and electric moped subaccount.   The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196-   .

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 to be deposited into the electric bicycle and electric moped subaccount established pursuant to section 264-11(d), Hawaii Revised Statutes.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     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, 2022.

Report Title:

Electric Bicycle and Electric Moped Rebate Program; Subaccount; Appropriation


Webpage: https://www.capitol.hawaii.gov/session2022/bills/SB3158_CD1_.htm

HB2215 HD1 Description:

Requires the driver of a vehicle passing and overtaking a¬†bicycle proceeding in the same direction to allow at least three feet of separation between the right side of the driver’s vehicle and the left side of the bicyclist.

HB2215 HD1

Date Passed: 6/20/2018

Requires the driver of a vehicle passing and overtaking a¬†bicycle proceeding in the same direction to allow at least three feet of separation between the right side of the driver’s vehicle and the left side of the bicyclist.

A BILL FOR AN ACT

RELATING TO BICYCLES.

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

SECTION 1.¬†¬†The legislature finds that maintaining a safe passing distance between vehicles and bicyclists on the road will directly address one of the biggest hazards to bicyclists.¬†¬†According to the National Highway Traffic Safety Administration, twenty-eight cyclists have been killed on roads in Hawaii during the time period between 2006 and 2015.¬†¬†A May 2014 report conducted by the League of American Bicyclists stated that forty-four per cent of all bicyclist fatalities result from being struck from behind or sideswiped by a motorist.¬†¬†The United States Department of Transportation, National Highway Traffic Safety Administration, reported in its 2012 “National Survey of Bicyclist and Pedestrian Attitudes and Behavior” that twelve per cent of bicyclists “felt threatened for personal safety” the last time they rode a bicycle.¬†¬†The primary reason given by those bicyclists was that “someone drove too close to them.”

     The legislature further finds that safely sharing our roads requires clear ground rules.  Many drivers do not know the amount of distance they need to maintain to safely pass a bicyclist.  A law that sets a three-foot safe passing distance would make it clear to drivers how much space they must maintain when passing a bicyclist.

     The legislature also finds that similar safe passing distance laws have been effective in other jurisdictions.  Thirty-six states and the District of Columbia have a safe passing distance law.  Twenty-six of those jurisdictions require a three-feet safe passing distance.  Some of those jurisdictions require four feet or more.

     The purpose of this Act is to require a three-foot minimum safe passing distance when a motorist passes and overtakes a bicyclist.

     SECTION 2.  Section 291C-43, Hawaii Revised Statutes, is amended to read as follows:

¬†¬†¬†¬†¬†“[[]¬ß291C-43[]]¬†¬†Overtaking a vehicle¬†or bicycle¬†on the left.¬†¬†The following rules shall govern the overtaking and passing of vehicles¬†or bicycles¬†proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

     (1)  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

¬†¬†¬†¬†¬†(2)¬†¬†The driver of a vehicle passing or overtaking a bicyclist proceeding in the same direction shall allow at least three feet of separation between the right side of the driver’s vehicle, including all mirrors or other protuberances, and the left side of the bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.

¬†¬†¬†¬†¬†(3)¬†¬†Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver’s vehicle until completely passed by the overtaking vehicle.”

     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.