Note
Sections 445-131 to 445-136 designated as Part V by L 1990, c 164, §28.
Cross References
Sunset evaluations modified, see § §26H-4 and 26H-5.
Pawnbrokers and secondhand dealers, see chapter 486M.
§445-131 Definitions. As used in this part:
"Holding period" means a period of time not less than thirty days after the maturity date, in which a customer has the right to redeem pledged goods by paying a pawnbroker the amount provided in the applicable pawn transaction agreement and an additional pawn finance charge.
"Maturity date" means the date upon which a pawn transaction agreement expires and the holding period begins to run.
"Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month.
"Pawnbroker" means a person engaged in the business of making pawn transactions, but does not include financial institutions whose deposits are federally insured and companies that are regulated or supervised by the division of financial institutions.
"Pawn finance charge" means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker, including charges for insurance, handling, storage, and any other charge imposed incidental to the pawn transaction.
"Pawn transaction" means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
"Pledged goods" means tangible personal property, other than choses in action, securities, or printed evidences of indebtedness, that is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business and in connection with a pawn transaction. [L 1886, c 28, §1; RL 1925, §2072; RL 1935, §2492; RL 1945, §7096; RL 1955, §155-76; HRS §445-131; am L 1992, c 192, §3]
Case Notes
General rules as to the use of articles pawned stated. 1 H. 74 (1851).
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
445-1 Definition: "Treasurer".
445-5 Fees; date when due and payable.
445-9 Canceled on transferring, etc., business; penalty.
445-11 Exposed to view; penalty.
445-12 Business without license forbidden; not transferable; penalty.
445-22 Public auction unlawful when.
445-25 Description of goods sold considered warranties.
445-26 Auction at places other than auction room; mock auctions.
445-28 Place of public auction room.
445-29 Designation of place for business.
445-32 Suit to enjoin violation and action for damages.
445-37 Public officers, etc., may sell without license.
445-95 Conditions for conditional operation.
445-95.1 Unfair or deceptive practices prohibited.
445-95.2 Unfair and deceptive practices defined.
445-95.3 Powers of the director.
445-95.6 Suits by individuals.
445-112 Where and when permitted.
445-112.5 Vehicular advertising prohibited; penalty.
445-113 Regulation by counties.
445-114 Unlawful posting in public places.
445-115 Same; consent of owner.
445-120 Enforcement by civil suit.
445-134.11 Pawn transaction agreement; disclosure requirements.
445-134.15 Pawnbroker's recourse.
445-134.16 Pawnbroker liability.
445-135 Acting without license; penalty.
445-136 Breach of condition; penalty.
445-172 Prohibitions; penalty.
445-233.5 Payment of copper purchased by scrap dealer or recycler; check; mailing.