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HB382
HOUSE OF REPRESENTATIVES
H.B. NO.
382
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to recordkeeping
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
In 2022, the
thirty-first legislature enacted House Bill 1991, House Draft 2, Senate Draft
2, Committee Draft 1, and former governor David Ige signed Act 108 into
law, which amended section 486M-2, Hawaii Revised Statutes, and required
pawnbrokers and secondhand dealers, within counties that have a population base
of five hundred thousand or more, to submit their records of transaction
electronically to a database at the discretion of the chief of police for that
county.
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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.
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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.
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The legislature also finds that pawnbrokers
and secondhand dealers stimulate local business economies by reusing or
recycling unwanted articles that have value.
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If these articles of resale are not properly marked, they may ultimately
end up in the waste management system.
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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.
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The legislature intends to establish a
recordkeeping requirement for secondhand dealers and records they are required
to retain at their place of business.
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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.
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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.
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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:
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"
�445-
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Recordkeeping.
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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.
"
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SECTION
3
.
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Section
445-134.17, Hawaii Revised Statutes, is amended to read as follows:
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"
[
[
]�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."
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SECTION
4.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
6.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
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.