H.B. 853 Summary

• Establishes a new chapter in Hawaii Revised Statutes to regulate shopping carts, shopping baskets, and similar devices used by business establishments.

• Prohibits unauthorized removal of these devices from business premises, parking areas, and adjacent sidewalks unless the cart has required signage identifying the owner and listing contact information for return, and the business posts notice that removal is unlawful.

• Authorizes counties to impound abandoned or misplaced devices after three business days of owner notification, immediately if they impede emergency services, or immediately if abandoned on private property with owner consent.

• Allows counties to assess impound fees and storage/disposal fees to device owners, but must defer impound fees for the first three devices per business per month if the business implemented security measures such as electronic braking wheels, physical barriers, patrol services, or security personnel.

• Preserves existing civil remedies allowing business establishments to sue for damages in small claims court (up to the replacement value) and seek injunctions against unauthorized removals, and clarifies repossession proceedings.