HB 258: "An Act relating to pawnbrokers; and providing for an effective date."
00 HOUSE BILL NO. 258 01 "An Act relating to pawnbrokers; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 04 (39) regulation of pawnbrokers (AS 08.76.100 - 08.76.195). 05 * Sec. 2. AS 08.76 is amended by adding new sections to read: 06 Article 2. Licensing of Pawnbrokers. 07 Sec. 08.76.100. Licensing required. (a) A person may not engage in business 08 as a pawnbroker without holding a license issued by the department. 09 (b) A license is not transferable or assignable. 10 Sec. 08.76.110. Requirements for license. The department may grant a 11 license to a person if the person has good character, has the experience to engage in 12 business as a pawnbroker, is fit to engage in business as a pawnbroker, submits an 13 application as required by the department under AS 08.01.060, pays a fee established 14 by the department under AS 08.01.065, and pays the investigation fee under 15 AS 08.76.120.
01 Sec. 08.76.120. Investigation fee. Notwithstanding AS 08.01.065, a person 02 applying for a license shall pay the department a nonrefundable initial investigation 03 fee of $200. The investigation fee is nonrefundable even if the application is 04 considered withdrawn under AS 08.76.130. 05 Sec. 08.76.130. Withdrawal of application. The department may consider 06 that a person has withdrawn the person's application for a license if 07 (1) the application does not contain all of the required information; and 08 (2) the information required for the application is not submitted to the 09 department within 90 days after the department requests in writing that the person 10 provide the department with the information. 11 Sec. 08.76.140. Duration of license. Notwithstanding AS 08.01.100(a), a 12 license is valid from July 1 of one year through June 30 of the following year. An 13 initial license expires on the June 30th that follows the date the license is issued. 14 Sec. 08.76.150. Renewal. (a) Notwithstanding AS 08.01.100(b), a person shall 15 renew a license under AS 08.01.100 before July 1 of each year and, notwithstanding 16 AS 08.01.065, shall pay a renewal fee that is equal to the application fee established 17 under AS 08.76.110. 18 (b) Notwithstanding AS 08.01.100(b), if a person fails to renew a license 19 before September 1 of the calendar year when the license expires, the person shall pay 20 the department a delayed renewal penalty fee of $100 in addition to the regular 21 renewal fee. 22 (c) If a person fails to renew the person's license before July 1, the person may 23 not engage in business as a pawnbroker until the person's license is renewed or a new 24 license is issued. A person who violates this subsection may be issued a citation under 25 AS 08.01.102. 26 (d) The department may refuse to issue or renew the license of a person who 27 violates this section for reasons that would have prevented the issuance of the license 28 to the person under AS 08.76.110. 29 Sec. 08.76.170. Discipline. (a) The department may, after notice to the 30 licensee and reasonable opportunity to be heard, take disciplinary action under 31 AS 08.01.075 against a licensee if the licensee, or an officer, agent, or employee of the
01 licensee violates AS 08.76.100 - 08.76.195. 02 (b) If the department takes disciplinary action under (a) of this section, the 03 department may not, for one year after the date of the disciplinary action, issue another 04 license to the licensee or a license to 05 (1) the spouse of the licensee; 06 (2) a partnership if the licensee is a partner of the partnership; 07 (3) a corporation if the licensee is an officer of the corporation; 08 (4) a limited liability company if the licensee is a member or manager 09 of the limited liability company; or 10 (5) an employee of the licensee. 11 Sec. 08.76.180. Penalty. Notwithstanding AS 08.01.075(a)(8), if a licensee, or 12 an officer, agent, or employee of a licensee violates AS 08.76.100 - 08.76.195, the 13 licensee is liable for a civil penalty. The penalty may not be less than $200 or more 14 than $2,000. The amount of the civil penalty must be appropriate to the seriousness of 15 the violation. 16 Sec. 08.76.190. Regulations. The department may adopt regulations to 17 implement AS 08.76.100 - 08.76.195. 18 Sec. 08.76.195. Definitions. In AS 08.76.100 - 08.76.195, 19 (1) "department" means the Department of Commerce, Community, 20 and Economic Development; 21 (2) "engage in business" includes advertising; 22 (3) "license" means a license to engage in business as a pawnbroker 23 under AS 08.76.100 - 08.76.195; 24 (4) "licensee" means a person who holds a license; 25 (5) "pawnbroker" means a person who lends money in exchange for 26 (A) a deposit or pledge of personal property; or 27 (B) a purchase of personal property where the person and the 28 seller agree that the person will make the personal property available to the 29 seller for repurchase within a specified time at a higher price; 30 (6) "personal property" does not include a security, a title to property, a 31 deed, a bill of sale, or a printed evidence of indebtedness.
01 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 04 Economic Development may proceed to adopt regulations under AS 08.01.080 and 05 AS 08.76.190, enacted by sec. 2 of this Act, necessary to implement this Act. The regulations 06 take effect under AS 44.62 (Administrative Procedure Act), but not before July 1, 2008. 07 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect July 1, 2008.