Report Title:

Pawnbrokers; Prohibitions

 

Description:

Exempts pawnbrokers in counties with a population of less than three hundred thousand from prohibition against accepting vehicles, vessels, or negotiable instruments as pledged goods.

 

THE SENATE

S.B. NO.

787

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PAWNBROKERS.

 

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

SECTION 1. Section 445-134.13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No pawnbroker shall:

(1) Charge or receive any pawn finance charge exceeding twenty per cent a month;

(2) Contract for or receive any amounts other than the pawn finance charge in connection with a pawn transaction;

(3) Accept a pledge or purchase of property from a person under the age of eighteen years;

(4) Accept any waiver, in writing or otherwise, of any right or protection accorded a customer under this part;

(5) Fail to exercise reasonable care to protect pledged goods from loss or damage;

(6) Fail to return pledged goods to a customer within three business days of payment of the full amount due the pawnbroker on the pawn transaction;

(7) Make any charge for insurance, storage, or handling in connection with a pawn transaction;

(8) Enter into a pawn transaction which has a maturity date more than one month after the date the pawn transaction agreement is signed;

(9) Accept pledged goods or buy merchandise from a person unable to supply verification of identity by photo identification card, a state-issued identification card, driver's license, or federal government-issued identification card; provided that in addition to such verification, the pawnbroker shall take the person's thumbprint, and retain the thumbprint on file;

(10) Make any agreement requiring the personal liability of a customer in connection with a pawn transaction or creating any obligation on the part of the customer to redeem pledged goods or make any payment on a pawn transaction;

(11) Allow a customer's pawn account to exceed $10,000. For purposes of this paragraph, "pawn account" means the total accumulation of unpaid pawn finance charges for any single customer; or

(12) Accept vehicles, vessels, or negotiable instruments as pledged goods, or certificates of title or registration of vehicles or vessels as evidence of possession of pledged goods[.]; provided that this paragraph shall not apply to counties with populations of less than three hundred thousand."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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