Report Title:

Pawnbrokers; Website

Description:

Requires pawnbrokers and secondhand dealers to post pictures of merchandise received on a website developed and maintained by a computer specialist hired by the county police departments.

HOUSE OF REPRESENTATIVES

H.B. NO.

2077

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to pawnbrokers and secondhand dealers.

 

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

SECTION 1. The legislature finds that the National Drug Intelligence Center identified methamphetamine as the "greatest drug threat" to Hawaii. The legislature further finds that there is a correlation between use of crystal methamphetamine and property crime. In 2001, Honolulu had the highest percentage of crystal methamphetamine use among arrestees, nearly forty per cent of men arrested by the Honolulu police department, compared to thirty other mainland cities. Hawaii is the number one "ice" state in the nation, and the State ranks second in property crime.

Experts generally agree that methamphetamine is the driving force behind the high rate of property crimes in Hawaii, noting that crystal methamphetamine users often pawn stolen property at pawn shops or secondhand stores to get money to support their habit.

Pawnshops and secondhand dealers in the city and county of Honolulu are required to submit, to the appropriate county chief of police, a detailed record of each item received and to hold merchandise received from their clients for thirty days before the items may be sold. A computer system that allows pawnbrokers to electronically file a picture of each item, would aid law enforcement authorities in solving property crimes. Also, having the information accessible on the Internet via personal computers, or public computers available at the various public libraries and other locations, would assist victims in identifying and recovering their stolen property. In addition, law enforcement officials and other stakeholders believe that, because this program would assist in reducing the amount of stolen property being converted to cash, it will reduce the number of property crimes committed to support ice habits, thereby reducing ice users access to their drug and lowering methamphetamine use in Hawaii.

The purpose of this Act is to require pawnbrokers and secondhand dealers to post pictures of merchandise received on a website developed and maintained by a computer specialist hired by the county police departments.

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

"486M-2 Record of transactions. Every dealer, or the agent, employee, or representative of the dealer [shall], immediately upon receipt of any article, shall record the following information, on a form authorized by the chief of police in each county[:] and on a website developed and maintained by an individual or company hired by the chief of police in each county, individually or together:

(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 identification which 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[.]; and

(9) A photograph of each article that enables the article to be easily identified.

[Upon request and at the discretion of the chief of police of each county, copies of all] All completed forms and photographs 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 required information and photographs of each item received shall be uploaded to the website authorized by the chief of police. The method of submittal to the chief of police and to the website shall be [at the option of the dealer.] as authorized by the appropriate chief of police."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $56,000, or so much thereof as may be necessary for fiscal year 2004-2005, for the development and implementation of a website and any forms necessary or desirable to fulfill the purpose of this Act to be developed and maintained by an individual or company hired by the chief of police of each county, individually or together. The specific county appropriations are as follows:

1. City and county of Honolulu $

2. Hawaii county $

3. Maui county $

4. Kauai county $

SECTION 4. The sums appropriated shall be expended by the chief of police for each county for the purposes of this Act.

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

SECTION 6. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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