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THE SENATE |
S.B. NO. |
259 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to recordkeeping.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature finds that chapters 445 and 486M, Hawaii Revised Statutes are not definitive in regard to the recordkeeping requirements for secondhand dealers, which they are required to retain at their business.
The legislature also finds that electronic submissions and filings provide a more effective system to streamline, simplify, and modernize business management, reduce unnecessary paper and electronic waste, and are less intrusive on the environment.
The legislature also finds that pawnbrokers and secondhand dealers stimulate local business economies by reusing or recycling unwanted articles that have value. If these articles of resale are not properly marked, they may ultimately end up in the waste management system.
The legislature intends to support businesses that reuse or recycle articles, such as pawnbrokers and secondhand dealers, without the undue burden of the responsibility of retaining records of transaction, whether electronic or paper form, for an unspecified amount of time.
The legislature intends to establish a recordkeeping requirement for secondhand dealers and records they are required to retain at their place of business.
Accordingly, the legislature intends to amend, standardize, and codify existing statutory requirements within chapter 445, Hawaii Revised Statutes, for pawnbrokers and records they are required to retain at their place of business.
This establishes a reasonable time period in which law enforcement may pursue criminal investigations and take enforcement actions without imposing an undue burden on pawnbrokers and secondhand dealers by requiring retention of documents that are unnecessary and wasteful.
SECTION 2. Chapter 445, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:
"§445-
Recordkeeping. A record of all secondhand transactions shall be kept on the secondhand
dealer's premises and open to inspection at any time by the treasurer, chief of
police, or the treasurer or chief of police's authorized representative, for a
period of two years after the date of sale."
SECTION 3. Section 445-134.17, Hawaii Revised Statutes, is amended to read as follows:
"[[]§445-134.17[]] Recordkeeping. A [copy] record
of all pawn transactions shall be kept on the pawnshop premises and open to
inspection at any time by the [proper authorities] treasurer, chief of police, or the treasurer or chief of
police's authorized representative, for a period of [one year] two
years after the maturity date."
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.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu
Police Department Package; Pawnbrokers; Secondhand Dealers; Recordkeeping
Description:
Establishes
recordkeeping requirements for secondhand dealers, requiring records to be
retained for 2 years from the date of sale.
Amends and standardizes recordkeeping requirements for pawnbrokers,
requiring records to be retained for 2 years from the date of maturity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.