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Usury not recoverable. Any home business loan or any credit card agreement, the contract shall not, by reason thereof, be void if a greater rate of interest than that permitted by law is contracted for with respect to any consumer credit transaction. However, if in almost any action regarding the agreement evidence is manufactured that a larger interest rate than that allowed for legal reasons happens to be straight or indirectly contracted for, the creditor shall just recover the key while the debtor shall recover expenses. If interest happens to be compensated, judgment will probably be when it comes to principal less the quantity of interest compensated. This area shall never be held to apply[, to loans] to:

(1) Loans produced by monetary services creditors and credit unions during the rates authorized under and pursuant to articles 9 and 10 of chapter 412[.]; or

(2) Any dollar that is small managed under chapter .”

SECTION 5 . Area 478-6, Hawaii Revised Statutes, is amended to see the following:

” 478-6 Usury; penalty. Any one who straight or indirectly gets any interest or finance fee at a consistent level more than that allowed by law or who, by any technique or unit whatsoever, receives or organizes for the receipt of great interest or finance fee at a better price than that allowed for legal reasons on any credit deal will be accountable of usury and shall be fined no more than $250, unless a higher quantity is permitted for legal reasons, or imprisoned no more than one 12 months, or both.”

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