REPORT TITLE:
Pawnbroker practices


DESCRIPTION:
Limits application of certain prohibited practices to counties
with a population of more than three hundred thousand.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           481
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PAWNBROKERS. 


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

 1      SECTION 1.  Section 445-134.13, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  No pawnbroker shall:
 
 4      (1)  Charge or receive any pawn finance charge exceeding
 
 5           twenty per cent a month;
 
 6      (2)  Contract for or receive any amounts other than the pawn
 
 7           finance charge in connection with a pawn transaction;
 
 8      (3)  Accept a pledge or purchase of property from a person
 
 9           under the age of eighteen years;
 
10      (4)  Accept any waiver, in writing or otherwise, of any
 
11           right or protection accorded a customer under this
 
12           part;
 
13      (5)  Fail to exercise reasonable care to protect pledged
 
14           goods from loss or damage;
 
15      (6)  Fail to return pledged goods to a customer within three
 
16           business days of payment of the full amount due the
 
17           pawnbroker on the pawn transaction;
 
18      (7)  Make any charge for insurance, storage, or handling in
 
19           connection with a pawn transaction;
 

 
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                                     S.B. NO.           481
                                                        
                                                        

 
 1      (8)  Enter into a pawn transaction which has a maturity date
 
 2           more than one month after the date the pawn transaction
 
 3           agreement is signed;
 
 4      (9)  Accept pledged goods or buy merchandise from a person
 
 5           unable to supply verification of identity by photo
 
 6           identification card, a state-issued identification
 
 7           card, driver's license, or federal government-issued
 
 8           identification card; provided that in addition to such
 
 9           verification, the pawnbroker shall take the person's
 
10           thumbprint, and retain the thumbprint on file;
 
11     (10)  Make any agreement requiring the personal liability of
 
12           a customer in connection with a pawn transaction or
 
13           creating any obligation on the part of the customer to
 
14           redeem pledged goods or make any payment on a pawn
 
15           transaction;
 
16     (11)  Allow a customer's pawn account to exceed $10,000.  For
 
17           purposes of this paragraph, "pawn account" means the
 
18           total accumulation of unpaid pawn finance charges for
 
19           any single customer; or
 
20     (12)  Accept vehicles, vessels, or negotiable instruments as
 
21           pledged goods, or certificates of title or registration
 
22           of vehicles or vessels as evidence of possession of
 

 
 
 
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                                     S.B. NO.           481
                                                        
                                                        

 
 1           pledged goods[.] ; provided that this paragraph shall
 
 2           not apply to counties with populations of less than
 
 3           three hundred thousand."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________