STAND. COM. REP. NO. 3273

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2129
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
2129, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO PAWN BROKERS AND SECONDHAND
     DEALERS,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to require secondhand dealers and pawnbrokers to record required
information legibly, and to require that the identification shown
be government issued identification, as defined.

     Your Committee agrees that any written records required by
law to be made should be made legibly.  However, your Committee
is concerned that an amendment to this particular law to
specifically provide that records must be legible would imply,
under the principle of expressio unius, that other written
records required in the Hawaii Revised Statutes need not be
legible.  Your Committee believes that a requirement that written
records be legible should be read into the statute and any
similar statute, as a purported written record that is not
legible is effectively not a record.

     Testimony in support of this measure was submitted by the
Honolulu Police Department and the Hawaii Pawnbrokers'
Association.


 
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                                   STAND. COM. REP. NO. 3273
                                   Page 2


     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting "legible" as an additional requirement for
          written records, as your Committee believes the records
          are already required to be legible; and

     (2)  Amending the definition of "government issued
          identification" to better reflect which government
          entities issue the identifications listed.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2129, H.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as H.B. No. 2129, H.D.
1, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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