HP0064
LD 71
Session - 126th Maine Legislature
 
LR 240
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Amend the Laws Governing Pawn Transactions

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30-A MRSA §3962, sub-§1,  as amended by PL 1995, c. 397, §14, is further amended to read:

1. Account kept.   Every pawnbroker shall maintain records in which the pawnbroker shall enter:
A. The date, duration, amount, periodic rate of interest and annual percentage rate of every loan that is made;
A-1. The finance charge, due dates for payment and the total payment needed to redeem or repurchase the pawned property;
B. An accurate account and description of the property pawned;
B-1. The terms of redemption or repurchase, including any reduction in the finance charge for early redemption or repurchase and the right of the consumer to at least one extension of one month at the same rate of interest upon request in writing or in person; and
C. The name and residence of the consumer.

A pawnbroker shall include in the pawnbroker's records a digital photograph of the property pawned or purchased. The pawnbroker shall allow the municipal officers to inspect these records at all reasonable times.

Sec. 2. 30-A MRSA §3962, sub-§3,  as amended by PL 1993, c. 59, §2, is further amended to read:

3. List filed with law enforcement agency.   Before the 15th day of every month, the pawnbroker shall file with the law enforcement agency of jurisdiction, in a form acceptable to that agency, a summary of the pawn transactions entered into during the preceding calendar month and a digital photograph of each of the properties pawned or purchased during the preceding calendar month.

Sec. 3. 30-A MRSA §3963, sub-§5-A  is enacted to read:

5-A Holding period.   If the initial redemption or repurchase period plus any extension is less than 30 days and the pawned property is not redeemed or repurchased by the consumer, a pawnbroker may not sell or alter the property until the property has remained in the pawnbroker's possession for 30 days after the expiration of the initial redemption or repurchase period plus any extension under subsection 5.

Sec. 4. 30-A MRSA §3966  is enacted to read:

§ 3966 Holding period for purchased property

If a pawnbroker purchases tangible personal property without any condition of repurchase by the seller for a fixed price within a fixed period of time, the pawnbroker must retain the property and may not sell or alter the property for a period of not less than 60 days after the purchase.

summary

This bill:

1. Requires that pawnbrokers maintain in their records digital photographs of property pawned or purchased;

2. Requires that pawnbrokers file with the law enforcement agency of jurisdiction digital photographs of the properties pawned or purchased during the preceding calendar month;

3. Requires that, if the redemption or repurchase period is less than 30 days and the pawned property is not redeemed or repurchased by the consumer, a pawnbroker may not sell or alter the property until the property has remained in the pawnbroker's possession for 30 days after the expiration of the time for which it was pawned; and

4. Requires that if a pawnbroker purchases tangible personal property without any condition of repurchase by the seller for a fixed price within a fixed period of time, the pawnbroker must retain the property and may not sell or alter the property for a period of not less than 60 days after the purchase.


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