Allows pawnbrokers to set additional charges for customers as
required by state or county legislation for use in enforcing
pawnbroker laws.

HOUSE OF REPRESENTATIVES                H.B. NO.759        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to allow a county to
 2 impose fees on pawn transactions payable to the county treasury
 3 for use by county police departments in enforcing pawnbroker
 4 laws.
 5      SECTION 2.  Section 445-134.13, Hawaii Revised Statutes, is
 6 amended by amending subsection (a) to read as follows:
 7      "(a)  No pawnbroker shall:
 8      (1)  Charge or receive any pawn finance charge exceeding
 9           twenty per cent a month;
10      (2)  Contract for or receive any amounts other than the pawn
11           finance charge in connection with a pawn
12           transaction[;], unless otherwise required by statute or
13           by county ordinance;
14      (3)  Accept a pledge or purchase of property from a person
15           under the age of eighteen years;
16      (4)  Accept any waiver, in writing or otherwise, of any
17           right or protection accorded a customer under this
18           part[;], unless otherwise required by statute or by
19           county ordinance;

Page 2                                                     
                                     H.B. NO.759        

 1      (5)  Fail to exercise reasonable care to protect pledged
 2           goods from loss or damage;
 3      (6)  Fail to return pledged goods to a customer within three
 4           business days of payment of the full amount due the
 5           pawnbroker on the pawn transaction;
 6      (7)  Make any charge for insurance, storage, or handling in
 7           connection with a pawn transaction[;], unless otherwise
 8           required by statute or by county ordinance;
 9      (8)  Enter into a pawn transaction which has a maturity date
10           more than one month after the date the pawn transaction
11           agreement is signed;
12      (9)  Accept pledged goods or buy merchandise from a person
13           unable to supply verification of identity by photo
14           identification card, a state-issued identification
15           card, driver's license, or federal government-issued
16           identification card; provided that in addition to such
17           verification, the pawnbroker shall take the person's
18           thumbprint, and retain the thumbprint on file;
19     (10)  Make any agreement requiring the personal liability of
20           a customer in connection with a pawn transaction or
21           creating any obligation on the part of the customer to
22           redeem pledged goods or make any payment on a pawn
23           transaction;

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                                     H.B. NO.759        

 1     (11)  Allow a customer's pawn account to exceed $10,000.  For
 2           purposes of this paragraph, "pawn account" means the
 3           total accumulation of unpaid pawn finance charges for
 4           any single customer; or
 5     (12)  Accept vehicles, vessels, or negotiable instruments as
 6           pledged goods, or certificates of title or registration
 7           of vehicles or vessels as evidence of possession of
 8           pledged goods."
 9      SECTION 3.  Statutory material to be repealed is bracketed.
10 New statutory material is underscored.
11      SECTION 4.  This Act shall take effect upon its approval.
13                           INTRODUCED BY:  _______________________