Report Title:

Secondhand Dealers

 

Description:

Removes secondhand dealers from regulation under chapter 486M, HRS, Pawnbrokers and Secondhand Dealers. Repeals the ability of county treasurers or directors of finance to revoke county licenses of dealers and traders in secondhand articles. Exempts certain secondhand dealer purchases from recordkeeping requirements under part VII of chapter 445, HRS, Secondhand Dealers.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

303

TWENTY-FIRST LEGISLATURE, 2001

 

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 445-171, Hawaii Revised Statutes, is amended to read as follows:

"445-171 Fee[, conditions.]; recordkeeping. (a) The treasurer may grant licenses [to] authorizing suitable persons to be dealers and traders in secondhand articles[, and may revoke such licenses for cause satisfactory to the treasurer. The licensees]. Licensees shall pay [to] the treasurer an annual fee of $10. Every license granted under this section shall designate the place where the business is carried on and shall continue for one year [unless sooner revoked].

(b) Every dealer shall keep a [book in which shall be written a description of every] record of:

(1) Each article received[, the];

(2) The name[,] of the person from whom the article was received;

(3) The person's residence[, and a] address;

(4) A general description of the person [from whom, and the]; and

(5) The date and time [and hour] when the article was received.

[The book,] All records required by this section, the place where the business is carried on, and the articles of property therein, may be examined at any time by the treasurer, the chief of police, or by any person presenting [to such] the dealer [a] written authorization [so to do] from the treasurer or chief of police.

(c) Recordkeeping requirements under subsection (b) shall not apply to any article that the licensee purchases:

(1) For $200 or less at a place other than where the licensee's business is carried on;

(2) At auction; and

(3) From another licensee."

SECTION 2. Chapter 486M, Hawaii Revised Statutes, is amended by amending the title to read as follows:

"CHAPTER 486M

PAWNBROKERS [AND SECONDHAND DEALERS]"

SECTION 3. Section 486M-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "dealer" to read:

""Dealer" means any person, firm, partnership, corporation, or other entity who engages in a business [which] that includes the buying of a previously owned article, and includes any pawnbroker [or secondhand dealer.], but does not include a secondhand dealer licensed under part VII of chapter 445."

2. By deleting the definition of "secondhand dealer".

[""Secondhand dealer" means any person who trades in secondhand or previously owned articles, and includes any person subject to part VII of chapter 45."]

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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