Report Title:
Pawnbrokers & Secondhand Dealers; Electronic Reporting
Description:
Requires pawnshops and secondhand dealers to file daily electronic reports of pawn transactions with the police department effective 7/1/06. Authorizes police department to require electronic photographs of items and to make them available to the public. (SD2)
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THE SENATE |
S.B. NO. |
602 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to pawnbrokers and secondhand dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 486M-2, Hawaii Revised Statutes, is amended to read as follows:
"§486M-2 Record of transactions. (a) Every dealer, or the agent, employee, or representative of the dealer [shall,] operating as a pawnshop or secondhand dealer, immediately upon receipt of any article, shall record the following information, on a form authorized by the chief of police in each county:
(1) The name and address of the dealer;
(2) The name, residence address, date of birth, and the age of the person from whom the article was received;
(3) The date and time the article was received by the dealer;
(4) The signature of the person from whom the article was received;
(5) The Hawaii [[]driver's[]] license number, or if the person does not possess a Hawaii [[]driver's[]] license, the number of and description of any [government issued] government-issued identification [which] that bears a photograph of the person from whom the article was received;
(6) A complete and accurate description of the article received, including all markings, names, initials, and inscriptions;
(7) A reasonable estimate of the fineness and weights of the precious and semiprecious metals and precious and semiprecious gems received; and
(8) The price paid by the dealer for each article.
(b) Upon request and at the discretion of the chief of police of each county, copies of all completed forms required by this section shall be surrendered, mailed, or electronically inputted and transmitted via modem or by facsimile transmittal to the chief of police or to the chief of police's authorized representative. The method of submittal to the chief of police shall be at the option of the [dealer.] chief of police.
(c) Every dealer, secondhand dealer, agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer shall perform electronic daily reporting via the Internet or computer disk in a manner directed by the police department using software designated by the police department. The police department may require an electronic photo of the property, and when appropriate to do so, make those photos available to the public.
(d) Every dealer, secondhand dealer, agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer shall make a daily report to the police department in the form and manner as directed by the police department or agent thereof, of all property pledged, received, traded, bartered, bought, or otherwise acquired during the twenty-four hours ending at 8:00 p.m. on the date of the report. The report shall be transmitted electronically or on computer disk in accordance with procedures set forth by the chief of police.
(e) A dealer, secondhand dealer, agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer shall not be responsible for a delay in transmission that results from a malfunction in the database.
(f) If a dealer; secondhand dealer; agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer; or the police department discovers an error in the transmitted reportable data, the dealer; secondhand dealer; as agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer shall be allowed at least thirty days to correct the error, commencing upon the receipt of notice of the error from the police department.
(g) If the dealer; secondhand dealer; as agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer experiences a computer malfunction, the dealer; secondhand dealer; as agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer shall be allowed a period of at least fifteen days within which to repair the malfunction. During this time period, the dealer; secondhand dealer; as agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer is not in violation of this section if the pawnbroker has notified the police department of the malfunction and if the dealer; secondhand dealer; as agent, employee, or representative of the dealer operating as a pawnshop or secondhand dealer is making a bona fide effort to repair the malfunction."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2006.