HOUSE OF REPRESENTATIVES	H.B. NO.	1674
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to secondhand dealers.

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

SECTION 1. Section 486M-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Automated recycling kiosk" means an interactive device that is installed within a secure retail space and performs the following technological functions:

(1) Verifies a seller's identity by remote examination of a government-issued identification by a live representative during each transaction;

(2) Securely stores articles accepted by the kiosk for recycling;

(3) Captures and stores images of the seller and the articles accepted during the transaction; and

(4) Reports electronically all transactions to law enforcement."

2. By amending the definition of "secondhand dealer" to read:

""Secondhand dealer" means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445."

SECTION 2. Section 486M-4, Hawaii Revised Statutes, is amended to read as follows:

"§486M-4 Minimum retention of items. (a) No dealer, the dealer's agents, employees, or representatives shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or purchased for a period of fifteen calendar days in counties with a population of less than [300,000,] three hundred thousand, and thirty calendar days in counties with a population of [300,000] three hundred thousand or more after the purchase or possession by the dealer, whichever comes later. Every article received by the dealer, the dealer's agents, employees, or representatives shall be retained by the dealer in the county where received or purchased for a period of fifteen calendar days in counties with a population of less than [300,000,] three hundred thousand, and thirty calendar days in counties with a population of [300,000] three hundred thousand or more after the purchase or possession by the dealer, whichever comes later.

(b) At the discretion of the chief of police of each county, the holding period may be reduced to fifteen calendar days; provided that the dealer has computerized record-keeping and transmittal capabilities acceptable to the chief of police or the chief of police's authorized representative.

(c) This section shall not apply to a secondhand dealer who only operates automated recycling kiosks."

SECTION 3. Section 486M-5, Hawaii Revised Statutes, is amended to read as follows:

"§486M-5 Inspections. The chief of police of each county or the chief of police's authorized representative may immediately inspect, during normal business hours or whenever the dealer or the dealer's agents or employees are otherwise present, any records required by this chapter and any articles described in [such] those records that the police reasonably believe are stolen goods. A secondhand dealer who operates an automated recycling kiosk shall provide to police upon request and at no cost any articles that are received by the kiosk."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Secondhand Dealers; Automated Recycling Kiosk

Description:

Clarifies that the secondhand dealers law applies to a secondhand dealer's operation of an automated recycling kiosk.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.