Haw. Rev. Stat. § 486M-1

Current through the 2024 Legislative Session

Section 486M-1 - Definitions

As used in this chapter, unless the context otherwise requires:

"Article" means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems.

"Automated recycling kiosk" means an interactive device that is installed within a secure retail space and performs the following technological functions:

(1)Only accepts for recycling previously owned handheld electronic cellular phone devices;

(2)Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;

(3)Securely stores devices accepted by the kiosk;

(4)Records images of the seller and the devices accepted during the transaction;

(5)Possesses computerized record-keeping and transmittal capabilities;

(6)Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and

(7)Can be remotely opened upon request by law enforcement during normal business hours.

"Dealer" means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer.

"Government issued identification" means:

(1) A passport issued by the United States of America;

(2) A [driver's] license issued pursuant to any state or District of Columbia law;

(3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or

(4) An identification card issued by any branch of the Armed Forces of the United States of America.

"Pawnbroker" means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445.

"Precious or semiprecious gem" means any of the less common and more valuable stones and pearls, including but not limited to amethyst, diamond, emerald, jade, opal, ruby, sapphire, topaz, turquoise, and zircon, whether natural or synthetic, cut or polished.

"Precious or semiprecious metal" means any of the less common and more valuable metals, including but not limited to gold, silver, platinum, and alloys thereof, without regard to their fineness, but excludes bullion and bullion type coins and bars.

"Secondhand dealer" means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445.

HRS § 486M-1

Amended by L 2021, c 79,§ 1, eff. 1/1/2022.

L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 1993, c 79, §1; am L 2000, c 92, §1