SSHB 258: "An Act relating to pawnbrokers and the exemption for pawnbrokers under the Alaska Small Loans Act; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 258 01 "An Act relating to pawnbrokers and the exemption for pawnbrokers under the Alaska 02 Small Loans Act; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 06.20.330(b) is amended to read: 05 (b) This chapter does not apply to individual loans by 06 (1) [PAWNBROKERS OR] loan shops where separate and individual 07 loans do not exceed $500; or 08 (2) a person who is regulated under AS 08.76.100 - 08.76.590. 09 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 10 (39) regulation of pawnbrokers (AS 08.76.100 - 08.76.590). 11 * Sec. 3. AS 08.76.010 is amended to read: 12 Sec. 08.76.010. Transactions to be entered in book kept at place of 13 business. A person engaged in the business of buying and selling secondhand articles, 14 [OR LENDING MONEY ON SECONDHAND ARTICLES,] except a bank or a
01 person regulated by AS 08.76.100 - 08.76.590, shall maintain a book, in permanent 02 form, in which the person shall enter in legible English at the time of each [LOAN,] 03 purchase [,] or sale 04 (1) the date of the transaction; 05 (2) the name of the person conducting the transaction; 06 (3) the name, age, and address of the customer; 07 (4) a description of the property bought [OR RECEIVED IN 08 PLEDGE], which includes, for any firearm, watch, camera, or optical equipment 09 bought [OR RECEIVED IN PLEDGE], the name of the maker, the serial, model, or 10 other number, and all letters and marks inscribed; 11 (5) the price paid [OR AMOUNT LOANED]; 12 (6) the signature of the customer. 13 * Sec. 4. AS 08.76.020 is amended to read: 14 Sec. 08.76.020. Manner of recording entry. The entries under AS 08.76.010 15 shall appear in chronological order, in ink or indelible pencil. Blank lines may not be 16 left between entries. Obliterations, alterations, or erasures may not be made. 17 Corrections shall be made by drawing a line in ink through the entry without 18 destroying its legibility. The book shall be open to the inspection of a peace officer at 19 reasonable times. 20 * Sec. 5. AS 08.76 is amended by adding new sections to read: 21 Article 2. Licensing and Regulation of Pawnbrokers. 22 Sec. 08.76.100. Licensing required. (a) A person may not engage in business 23 as a pawnbroker without holding a license issued by the department. 24 (b) A license is not transferable or assignable. 25 Sec. 08.76.110. Requirements for license. The department may issue a license 26 to a person if the person 27 (1) has good character; 28 (2) has the experience to engage in business as a pawnbroker; 29 (3) is fit to engage in business as a pawnbroker; 30 (4) submits an application as required by the department under 31 AS 08.01.060;
01 (5) pays a fee established by the department under AS 08.01.065; and 02 (6) pays the investigation fee under AS 08.76.120. 03 Sec. 08.76.120. Investigation fee. Notwithstanding AS 08.01.065, a person 04 applying for a license shall pay the department a nonrefundable initial investigation 05 fee of $200. The investigation fee is nonrefundable even if the application is 06 considered withdrawn under AS 08.76.130. 07 Sec. 08.76.130. Withdrawal of application. The department may consider 08 that a person has withdrawn the person's application for a license if 09 (1) the application does not contain all of the required information; or 10 (2) the information required for the application is not submitted to the 11 department within 90 days after the department requests in writing that the person 12 provide the department with the information. 13 Sec. 08.76.140. Duration and renewal of license. (a) A license is valid for 14 two years. 15 (b) A person may renew a license under AS 08.01.100. The renewal fee must 16 be equal to the fee established under AS 08.76.110(5). 17 (c) Notwithstanding AS 08.01.100(b), if a person fails to renew a license 18 before September 1 of the calendar year in which the license expires, the person shall 19 pay the department a delayed renewal penalty of $100 in addition to the regular 20 renewal fee. 21 (d) If a person fails to renew the person's license, the person may not engage 22 in business as a pawnbroker until the person's license is renewed or a new license is 23 issued. 24 (e) The department may refuse to renew a license under this section for 25 reasons that would have prevented the issuance of the license to the person under 26 AS 08.76.110. 27 Sec. 08.76.150. Biennial report. (a) A licensee shall file a biennial report with 28 the department before January 2 of the filing year. A licensee who receives an initial 29 license during an even-numbered year shall file the biennial report each even- 30 numbered year. A licensee who receives an initial license during an odd-numbered 31 year shall file the biennial report each odd-numbered year. A biennial report is
01 delinquent if not filed before February 1 of each odd-numbered or even-numbered 02 year as provided in this subsection. 03 (b) The biennial report must provide 04 (1) the number of pawn transactions made by the licensee during the 05 previous calendar year and the aggregate amount financed on the pawn transactions; 06 (2) the number of items of pledged property redeemed during the 07 previous calendar year and the amount financed on the redeemed property; and 08 (3) the value of pledged property returned to a claimant under 09 AS 08.76.370 and 08.76.380. 10 (c) Except as provided by AS 08.76.470, a report submitted under (a) of this 11 section is confidential and is not subject to inspection, disclosure, or copying as a 12 public record under AS 40.25.110 - 40.25.220. 13 Sec. 08.76.160. Amount financed. Except for the limitations in AS 08.76.210 14 and 08.76.220 on interest and other charges that a licensee may charge, a licensee may 15 enter into a pawn transaction for any amount. 16 Sec. 08.76.170. Customer and transaction limitations. (a) A pawnbroker 17 may not knowingly enter into a pawnbroker transaction with a person who is 18 (1) under 18 years of age; 19 (2) under the influence of alcohol or a controlled substance when the 20 influence is apparent; or 21 (3) using the name of another person. 22 (b) A pawnbroker may not knowingly accept or receive misappropriated 23 property from a person in a pawnbroker transaction. 24 Sec. 08.76.180. Record of pawnbroker transactions. (a) A pawnbroker shall 25 maintain a record in which the pawnbroker shall enter in legible English at the time of 26 each loan, purchase, or sale 27 (1) the date of the pawnbroker transaction; 28 (2) the name of the person conducting the pawnbroker transaction; 29 (3) the name, age, and address of the pledgor or purchaser; 30 (4) a description of the pledged property or purchased property, 31 including, with regard to a firearm, a watch, a camera, or optical equipment, the name
01 of the maker, the serial number, model number, or other number, and all letters and 02 marks inscribed on the item of property; 03 (5) the price paid or amount loaned; 04 (6) the signature of the pledgor or seller; and 05 (7) the type of identification used by the pledgor or seller, the name of 06 the government agency that issued the identification, and the number written on the 07 identification. 08 (b) A pawnbroker may make a record in a book or in an electronic format. 09 (c) A pawnbroker may not falsify or intentionally fail to make an entry of a 10 material matter in a pawnbroker record. 11 (d) A pawnbroker may not knowingly obliterate, discard, or destroy the record 12 of a completed pawnbroker transaction within one year after the completion of a 13 pawnbroker transaction. 14 Sec. 08.76.190. Recording requirements. The records required by 15 AS 08.76.180 must appear in chronological order and, if made in a book, in ink or 16 indelible pencil. Blank lines may not be left between entries. A pawnbroker may not 17 change a record by obliteration, alteration, or erasure. A pawnbroker may correct a 18 record by drawing a line through the entry without destroying its legibility. 19 Sec. 08.76.200. Transaction agreement. A pawnbroker shall provide to a 20 pledgor or seller a copy of the agreement between the pawnbroker and the pledgor or 21 seller. The agreement must disclose each fee charged under AS 08.76.210 or 22 08.76.220. The agreement must be on a form approved by the department. 23 Sec. 08.76.210. Finance fee. (a) Except as provided in AS 08.76.280, for each 24 30-day period of a pawn transaction, including a grace period, a pawnbroker may 25 charge a pledgor a finance fee of $5 or an amount that equals interest at a rate that 26 does not exceed 20 percent of the amount financed, whichever amount is greater. 27 (b) A finance fee is considered to be earned on the day that the pawn 28 transaction is entered into and on the first day of each subsequent 30-day period of the 29 pawn transaction. 30 Sec. 08.76.220. Other charges allowed. (a) Except as provided in 31 AS 08.76.280, a pawnbroker may charge a processing fee of $1 for each pawn
01 transaction for preparing and processing the pawn transaction documentation, 02 providing reports to law enforcement officers, paying expenses, providing other 03 services, and for losses. 04 (b) A pawnbroker may charge a pledgor who places with the pawnbroker a 05 firearm that is required by law to be registered a registration fee of $3 and a 06 governmental fee. 07 Sec. 08.76.230. Insurance. A pawnbroker may not sell to a pledgor or 08 otherwise charge a pledgor for insurance in connection with a pawn transaction, 09 except to cover the shipment of pledged property that is redeemed by mail. 10 Sec. 08.76.240. Return of pledged property. A pawnbroker shall return 11 pledged property to a pledgor when the pledgor redeems the pledged property. The 12 pawnbroker shall provide the pledgor with a receipt showing the redemption. The 13 receipt must be on a form approved by the department. 14 Sec. 08.76.250. Extension of grace period. A pawnbroker and a pledgor may 15 agree to extend the 30-day grace period allowed under AS 08.76.270(b), but each 16 extension may not exceed 30 days. An extension must be in writing, and the 17 pawnbroker shall give the pledgor a copy of the extension agreement. The agreement 18 must clearly state the last day of the extension and the finance fee charged for the 19 extension. 20 Sec. 08.76.260. Retention, storage, and lease. A pawnbroker shall store 21 pledged property in a secure area and maintain the pledged property in an unaltered 22 condition. A pawnbroker may not lease pledged property. 23 Sec. 08.76.270. Redemption. (a) Unless there is a hold order on the pledged 24 property, the pledged property is subject to a claim under AS 08.76.370 or 08.76.380, 25 or the property is returned to a lessor under AS 08.76.400, a pledgor may redeem 26 pledged property by paying the amount financed and the finance fee in full before the 27 pawnbroker's scheduled closing time on the maturity date. 28 (b) If a pledgor does not pay the amount financed and the finance fee in full 29 before the pawnbroker's scheduled closing time on the maturity date, the pawnbroker 30 shall hold the pledged property on the pawnbroker's business premises for a grace 31 period of 30 days plus any extension allowed under AS 08.76.250. A pledgor may
01 redeem the pledged property during the actual grace period by paying the amount 02 financed and the finance fee, but a pledgor may not redeem pledged property after the 03 pawnbroker's scheduled closing time on the last day of the actual grace period. In this 04 subsection, "actual grace period" means the grace period plus any extension allowed 05 under AS 08.76.250. 06 (c) If there is a hold order on pledged property, the pledgor may redeem the 07 pledged property only when the hold order is released. 08 (d) If pledged property is subject to a claim under AS 08.76.370 or 08.76.380, 09 the pledgor may redeem the pledged property only when the pledged property 10 becomes available under AS 08.76.370 or 08.76.380 for redemption. 11 (e) If a pledgor does not redeem pledged property under (a) - (d) of this 12 section, the title and all interest in the pledged property transfer to the pawnbroker. 13 (f) The holder of a pawn ticket is presumed to be the person who is entitled to 14 redeem the pledged property that is the subject of the pawn ticket, and a pawnbroker 15 shall deliver the pledged property to the person who presents the pawn ticket and pays 16 the amount financed and the finance fee for the pawn transaction. 17 Sec. 08.76.280. Military personnel. A pawnbroker shall waive the unpaid 18 amount financed and the finance fee due on a pawn transaction and hold, except as 19 provided in AS 08.76.320 - 08.76.380, the pledged property that is the subject of the 20 pawn transaction on the pawnbroker's business premises until 60 days after the 21 pledgor, the pledgor's spouse, or the pledgor's dependent returns to the United States, 22 if the pawnbroker receives a copy of military orders indicating that 23 (1) the pledgor, or the pledgor's spouse or dependent, is enlisted in the 24 military service of a state or the federal government; and 25 (2) after the pawn transaction was entered into, the person was or is to 26 be deployed abroad for service relating to a military conflict. 27 Sec. 08.76.290. Business operation method and hours. A pawnbroker may 28 not engage in the business of being a pawnbroker 29 (1) by using a method, including a drive-through window, in which a 30 person remains in a motor vehicle while conducting the pawnbroker transaction; or 31 (2) between the hours of 12 midnight and 6:00 a.m.
01 Sec. 08.76.300. Waiver prohibited. A pawnbroker may not require or allow a 02 person to waive a provision of AS 08.76.100 - 08.76.590. 03 Sec. 08.76.310. Employees. A pawnbroker may not knowingly employ a 04 person to work in a pawnshop if, within five years before the employment begins, the 05 person was convicted of, entered a plea of guilty to, entered a plea of no contest to, or 06 had adjudication withheld for a felony, or for a misdemeanor involving dishonesty. 07 Sec. 08.76.320. Issuance of police hold order. (a) When a law enforcement 08 officer has probable cause to believe that property in the possession of a pawnbroker 09 at a pawnshop in the law enforcement officer's jurisdiction has been misappropriated, 10 the law enforcement officer may issue a police hold order that directs the pawnbroker 11 not to release or dispose of the property until the police hold order terminates or a 12 court orders the release or disposal. 13 (b) Unless a pawnbroker or the pawnbroker's designee refuses to sign the 14 police hold order, a police hold order begins when the pawnbroker or the pawnbroker's 15 designee receives the police hold order. If the pawnbroker or the pawnbroker's 16 designee refuses to sign the police hold order, the police hold order begins when the 17 refusal occurs. 18 Sec. 08.76.330. Evidentiary hold order. (a) When property in the possession 19 of the pawnbroker may be needed as evidence in a filed court action involving a 20 criminal charge, a law enforcement agency may issue an evidentiary hold order to a 21 pawnbroker that directs the pawnbroker not to release or dispose of the property until 22 the evidentiary hold order terminates or a court orders the release or disposal. 23 (b) A pawnbroker who receives an evidentiary hold order under (a) of this 24 section shall hold the property until the attorney general notifies the pawnbroker in 25 writing of the disposition of the filed court action. The attorney general shall notify the 26 pawnbroker within 15 days after the disposition of the filed court action for which the 27 property may be needed as evidence. 28 Sec. 08.76.340. Contents and form of hold order. A hold order must be in 29 writing and contain 30 (1) the name of the pawnbroker; 31 (2) if a police hold order, the name, title, and identification number of
01 the law enforcement officer issuing the police hold order, and the name and address of 02 the law enforcement agency for which the law enforcement officer is acting; 03 (3) if an evidentiary hold order, the name and address of the law 04 enforcement agency issuing the evidentiary hold order; 05 (4) the number, if any, assigned by the law enforcement agency to the 06 case, and, for an evidentiary hold order, the number and caption of the filed court 07 action; 08 (5) a complete description of the property being held, including the 09 model number and serial number, if any; 10 (6) if a police hold order, the name of the person, if any, who reported 11 the property as misappropriated; 12 (7) the mailing address of the pawnshop where the property is being 13 held; and 14 (8) the expiration date of the hold order. 15 Sec. 08.76.350. Duration of police hold order. (a) A police hold order may 16 not exceed 30 days. However, a law enforcement officer may extend the police hold 17 order for two additional successive 30-day periods by giving written notification to the 18 pawnbroker before the expiration of each 30-day period. 19 (b) A law enforcement agency may not issue a new police hold order for the 20 same property after the second additional 30-day period allowed under this section. 21 However, the termination of the police hold order does not affect an existing 22 evidentiary hold order on the same property or prevent the issuance of an evidentiary 23 hold order for the same property. 24 (c) A law enforcement agency may release a police hold order before the end 25 of a 30-day period by issuing a written release to the pawnbroker. 26 Sec. 08.76.360. Noncompliance with hold order. The department may 27 suspend or revoke a pawnbroker's license if the pawnbroker knowingly fails to comply 28 with a hold order. 29 Sec. 08.76.370. Claim notification. (a) If a person believes that property in the 30 possession of a pawnbroker was misappropriated from the person, and if the person 31 wants to obtain possession of the property from the pawnbroker, the person shall first
01 notify the pawnbroker by certified mail, return receipt requested, or in person of the 02 person's claim and obtain a signed receipt from the pawnbroker that the pawnbroker 03 was notified. 04 (b) A notice under (a) of this section must contain a complete and accurate 05 description of the property and, if the claimant alleges that the property was stolen, be 06 accompanied by a legible copy of a law enforcement agency's report indicating that 07 the property was stolen. 08 (c) Except as provided in AS 08.76.380, a pawnbroker may not, for 30 days 09 after the pawnbroker receives notice of the claim under this section, dispose of 10 property that is the subject of a claim. 11 Sec. 08.76.380. Court action on claim. If a claimant and a pawnbroker do not 12 resolve a claim within 10 days after the pawnbroker's receipt of a notice of the claim 13 under AS 08.76.370, the claimant may bring an action in superior court to require the 14 pawnbroker to return the property to the claimant. After a pawnbroker is notified that a 15 court action has been filed, the pawnbroker may not dispose of the property until the 16 court disposes of the court action, disposes of the property, or allows the pawnbroker 17 to dispose of the property. 18 Sec. 08.76.390. Liability of pledgor. A pledgor or seller of property to a 19 pawnbroker is liable to the pawnbroker for the full amount that the pledgor or seller 20 received from the pawnbroker, all charges owed by the pledgor for the pawnbroker 21 transaction, and attorney fees and other costs as allowed by the rules of court if, in an 22 action under AS 08.76.380, 23 (1) the superior court determines that the pledgor or seller 24 misappropriated the property from the claimant; and 25 (2) the superior court orders the pawnbroker to return the property to 26 the claimant. 27 Sec. 08.76.400. Recovery of leased property. (a) If property in the possession 28 of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged 29 or sold the property to the pawnbroker, but the property did not have a permanent 30 label or other conspicuous mark identifying it as the lessor's property, the pawnbroker 31 shall return the property to the lessor if the lessor
01 (1) provides the pawnbroker with evidence that the property was the 02 lessor's property and was leased to the pledgor or seller at the time the property was 03 pledged or sold to the pawnbroker; and 04 (2) pays the pawnbroker 05 (A) the amount financed and the finance fee for the pawn 06 transaction, if the property was pledged to the pawnbroker; or 07 (B) the amount that the pawnbroker paid the seller if the 08 property was sold to the pawnbroker. 09 (b) A pawnbroker is not liable to the pledgor or seller of property that is 10 recovered by a lessor under (a) of this section for returning the property to a lessor 11 under (a) of this section. 12 Sec. 08.76.410. Law enforcement reports. (a) A pawnbroker shall provide a 13 law enforcement officer with a law enforcement report in paper or electronic format 14 on a daily or weekly basis, as determined by the law enforcement officer. 15 (b) A law enforcement report is confidential under AS 40.25.100 - 40.25.220, 16 and a law enforcement officer and a law enforcement agency may only use a law 17 enforcement report to investigate a crime involving the property that is the subject of 18 the pawnbroker transactions of the pawnbroker. 19 Sec. 08.76.420. Contents of law enforcement reports. (a) A law enforcement 20 report must contain 21 (1) a complete and accurate description of all property pledged to or 22 purchased by the pawnbroker, including, as applicable, the property's 23 (A) brand name, model number, and manufacturer's serial 24 number; 25 (B) size and the color that is apparent to an untrained eye; 26 (C) precious metal type, weight, and content, if known; 27 (D) gemstone description; 28 (E) type of action, caliber or gauge, number of barrels, barrel 29 length, and finish, if the property is a firearm; and 30 (F) other unique identifying marks, numbers, names, and 31 letters; and
01 (2) the number of the pawnbroker transaction document that the 02 pawnbroker used to document the pawnbroker transaction. 03 (b) Notwithstanding (a) of this section, the description of the items under 04 (a)(1) of this section is adequate if the description gives the quantity of the items and 05 describes the type of the items if the pawnbroker transaction consists solely of 06 multiple items that are of a similar type, do not have serial or model numbers, and do 07 not contain precious metals or gemstones. 08 Sec. 08.76.430. Review by law enforcement officers. (a) A pawnbroker shall 09 make purchased property, records, and pledged property that has not been redeemed 10 available for inspection by a law enforcement officer during normal business hours 11 during the 30 days after the pawnbroker transaction is entered into. 12 (b) A pawnbroker may not refuse to allow the department, a law enforcement 13 officer, a law enforcement agency, or the state attorney general to inspect the 14 pawnbroker's pledged property, purchased property, or records during the ordinary 15 hours of the pawnbroker's business or at other mutually acceptable times. 16 Sec. 08.76.440. Discipline. (a) The department may, after notice to the licensee 17 and reasonable opportunity to be heard, take the following disciplinary action against a 18 licensee if the licensee or an officer, agent, or employee of the licensee violates 19 AS 08.76.100 - 08.76.590: 20 (1) permanently revoke a license; 21 (2) suspend a license for a specified period; 22 (3) censure or reprimand a licensee; 23 (4) impose limitations or conditions on the licensee; 24 (5) impose probation requiring a licensee to report regularly to the 25 department on matters related to the grounds for probation; 26 (6) impose on the licensee a civil fine not to exceed $5,000; 27 (7) order the licensee to make restitution. 28 (b) If the department takes disciplinary action under (a) of this section, the 29 department may not, for one year after the date of the disciplinary action, issue another 30 license to the licensee or a license to 31 (1) the spouse of the licensee;
01 (2) a partnership if the licensee is a partner of the partnership; 02 (3) a corporation if the licensee is an officer of the corporation, 03 including a member of the board of directors of the corporation; 04 (4) a limited liability company if the licensee is a member or manager 05 of the limited liability company; or 06 (5) an employee of the licensee. 07 (c) Before taking disciplinary action under (a) of this section, the department 08 shall allow a licensee 30 days to correct the violation. 09 Sec. 08.76.450. Penalty. If a licensee, or an officer, agent, or employee of a 10 licensee violates AS 08.76.100 - 08.76.590, the licensee is liable to the state for a civil 11 penalty. Notwithstanding AS 08.01.075(a)(8), the penalty may not be less than $200 12 or more than $2,000. The amount of the civil penalty must be adjusted to the 13 seriousness of the violation. 14 Sec. 08.76.460. Criminal liability. A person who violates AS 08.76.100 - 15 08.76.590 is guilty of a misdemeanor and upon conviction is punishable by a fine of 16 not more than $500, or by imprisonment for not more than six months, or by both. 17 Sec. 08.76.470. Department report. The department shall aggregate the 18 information in the biennial reports and biennially publish a consolidated analysis and 19 recapitulation of the information without disclosing information from the reports that 20 would identify the licensee. 21 Sec. 08.76.480. Municipal regulation. (a) Subject to (b) of this section, a 22 municipality with the authority under AS 29 to enact ordinances regulating 23 pawnbrokers and pawnbroker transactions may adopt an ordinance regulating 24 pawnbrokers and pawnbroker transactions if the ordinance complies with 25 AS 08.76.100 - 08.76.590. However, the ordinance may not be more restrictive than 26 AS 08.76.100 - 08.76.590. 27 (b) A municipality may not enact an ordinance that 28 (1) requires the payment of a fee or tax related to a pawnbroker 29 transaction; or 30 (2) restricts the hours of operation of a pawnbroker, except that an 31 ordinance may prohibit pawnbrokers from operating as provided under
01 AS 08.76.290(2). 02 (c) An ordinance that violates this section is void. 03 Sec. 08.76.490. Regulations. (a) The department may adopt regulations to 04 implement AS 08.76.100 - 08.76.590. 05 (b) Before the department adopts a regulation to implement AS 08.76.100 - 06 08.76.590, the department shall, in addition to any other requirements under AS 44.62 07 (Administrative Procedure Act), notify licensees of the proposed regulation. After the 08 regulation is adopted, the department shall send each licensee a copy of the regulation 09 adopted. 10 Sec. 08.76.500. Exemptions. This chapter does not apply to 11 (1) a financial institution that is subject to the regulation of the 12 department under AS 06, including a commercial bank, savings bank, credit union, 13 premium finance company, small loan company, bank holding company, financial 14 holding company, trust company, savings and loan association, and deferred deposit 15 advance licensee under AS 06.50; or 16 (2) a financial institution organized under federal law. 17 Sec. 08.76.590. Definitions. In AS 08.76.100 - 08.76.590, 18 (1) "amount financed" means the amount of money, excluding a 19 finance fee, charged by a pawnbroker for a pawn transaction; 20 (2) "biennial report" means the report required by AS 08.76.150; 21 (3) "business" includes advertising; 22 (4) "claim" means a claim under AS 08.76.370; 23 (5) "claimant" means a person who makes a claim; 24 (6) "department" means the Department of Commerce, Community, 25 and Economic Development; 26 (7) "evidentiary hold order" means an evidentiary hold order 27 authorized under AS 08.76.330; 28 (8) "finance fee" means all the amounts that a pawnbroker may charge 29 under AS 08.76.210; 30 (9) "governmental fee" means a fee imposed by a governmental 31 agency on a pawnbroker to hold or transfer a firearm or conduct a background check
01 required by the governmental agency; 02 (10) "grace period" means the 30-day period after a maturity date 03 during which a pawnbroker is required by AS 08.76.270(b) to retain possession of 04 pledged property; 05 (11) "hold order" means a police hold order or an evidentiary hold 06 order; 07 (12) "identification" means 08 (A) a government-issued identification document that contains 09 a photograph; or 10 (B) an electronic image of a document identified under (A) of 11 this paragraph; 12 (13) "knowingly" has the meaning given in AS 11.81.900; 13 (14) "law enforcement agency" means 14 (A) the police department of a municipality where a pawnshop 15 is located; 16 (B) the Department of Law; 17 (C) the Department of Public Safety; 18 (15) "law enforcement officer" means 19 (A) a police officer of the municipality where a pawnshop is 20 located; or 21 (B) a state trooper if a pawnshop is located in the unorganized 22 borough or if a pawnshop is located in a municipality that does not provide 23 police protection services; 24 (16) "law enforcement report" means a report required by 25 AS 08.76.410; 26 (17) "lease" means any form of rental; 27 (18) "license" means a license to engage in business as a pawnbroker 28 issued under AS 08.76.110; 29 (19) "licensee" means a person who holds a license; 30 (20) "maturity date" means the date by which a pledgor is required to 31 pay a pawnbroker the amount financed and the finance fee for a pawn transaction, but
01 does not include a grace period; 02 (21) "misappropriated" means pledged or sold to a pawnbroker 03 (A) after being stolen; or 04 (B) while being leased to the pledgor or seller by another 05 person if the property has a permanent label or other conspicuous mark 06 identifying it as another person's property; 07 (22) "pawnbroker" means a person who lends money in exchange for a 08 pledge of property; 09 (23) "pawnbroker transaction" means a pawn transaction or purchase; 10 (24) "pawn transaction" means a pledge given in exchange for a loan 11 by a pawnbroker; 12 (25) "personal property" means tangible personal property, but does 13 not include a security, a title to property, a deed, a bill of sale, or printed evidence of 14 indebtedness; 15 (26) "pledge" means a deposit of property as security for payment of 16 financial obligations to a pawnbroker in a pawn transaction; 17 (27) "pledged property" means the property that is pledged in a pawn 18 transaction; 19 (28) "pledgor" means 20 (A) a person who delivers property to a pawnbroker for a pawn 21 transaction; or 22 (B) the principal, if the person who delivers property to a 23 pawnbroker for a pawn transaction discloses that the delivery person is acting 24 for a principal; 25 (29) "police hold order" means a hold order authorized under 26 AS 08.76.320; 27 (30) "property" means personal property; 28 (31) "purchase" means a purchase of property by a pawnbroker that is 29 not a pawn transaction; 30 (32) "record" means the record required to be maintained by 31 AS 08.76.180;
01 (33) "redeem" means to obtain the return of pledged property under 02 AS 08.76.270; 03 (34) "registration fee" means a fee for registering a firearm; 04 (35) "seller" means a person who sells property to a pawnbroker, but 05 does not include a pledgor. 06 * Sec. 6. AS 08.76.040 is repealed. 07 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 10 Economic Development may proceed to adopt regulations under AS 08.01.080 and 11 AS 08.76.490, enacted by sec. 5 of this Act, necessary to implement this Act. The regulations 12 take effect under AS 44.62 (Administrative Procedure Act), but not before July 1, 2009. 13 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: CURRENT MUNICIPAL LICENSEES. (a) Notwithstanding 16 AS 08.76.100, enacted by sec. 5 of this Act, a person who holds a current municipal license 17 on July 1, 2009, may continue to engage in business as a pawnbroker through June 30, 2012, 18 without having a license issued by the Department of Commerce, Community, and Economic 19 Development. 20 (b) Notwithstanding AS 08.76.110, enacted by sec. 5 of this Act, the department shall 21 issue a license to a person who holds a municipal license if the person 22 (1) submits, before July 1, 2012, an application as required by the department 23 under AS 08.01.060; and 24 (2) pays a fee established by the department under AS 08.01.065. 25 (c) In this section, 26 (1) "license" has the meaning given in AS 08.76.590, enacted by sec. 5 of this 27 Act; 28 (2) "municipal license" means a license that is issued by a municipality to 29 authorize a person to engage in business as a pawnbroker; in this paragraph, "business" has 30 the meaning given in AS 08.76.590, enacted by sec. 5 of this Act; 31 (3) "pawnbroker" has the meaning given in AS 08.76.590, enacted by sec. 5 of
01 this Act. 02 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: FIRST BIENNIAL REPORT. (a) The first biennial report that a 05 licensee is required to submit to the Department of Commerce, Community, and Economic 06 Development under AS 08.76.150, enacted by sec. 5 of this Act, shall be submitted on or 07 before January 15, 2011, and must cover the period from July 1, 2009, through December 31, 08 2010. 09 (b) A municipal licensee is not subject to the biennial report requirements of 10 AS 08.76.150, enacted by sec. 5 of this Act, until the municipal licensee receives a license. 11 (c) In this section, 12 (1) "biennial report," "license," and "licensee" have the meanings given in 13 AS 08.76.590, enacted by sec. 5 of this Act; 14 (2) "municipal licensee" means a person to whom a municipality has issued a 15 license to engage in business as a pawnbroker; in this paragraph, "business" and 16 "pawnbroker" have the meanings given in AS 08.76.590, enacted by sec. 5 of this Act. 17 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: EXISTING ORDINANCES. An ordinance of a municipality that is in 20 effect on July 1, 2009, and that violates AS 08.76.480, enacted by sec. 5 of this Act, is void. 21 * Sec. 11. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect July 1, 2009.