Bill Text: NY A00653 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to recordkeeping requirements for second-hand dealers, scrap processors and pawnbrokers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-01-05 - referred to economic development [A00653 Detail]
Download: New_York-2021-A00653-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 653 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. BRAUNSTEIN -- Multi-Sponsored by -- M. of A. MONTESANO, RODRIGUEZ -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law, in relation to recordkeeping requirements for second-hand dealers and pawnbrokers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 5-B to read as follows: 3 ARTICLE 5-B 4 RECORDKEEPING REQUIREMENTS FOR SECOND-HAND DEALERS 5 AND PAWNBROKERS 6 Section 57. Reports to the secretary of state. 7 57-a. Record of purchases and sales. 8 57-b. Electronic reporting to the secretary of state. 9 57-c. Penalties. 10 § 57. Reports to the secretary of state. Every dealer in second-hand 11 articles who deals in the purchase or sale of any second-hand manufac- 12 tured article comprised wholly or in part of gold, silver, platinum, or 13 other precious metals, or deals in the purchase or sale of any old gold, 14 silver, platinum or other precious metals, or deals in the purchase of 15 articles or things comprised of gold, silver, platinum or other precious 16 metals for the purpose of melting or refining, or deals in the purchase 17 or sale of used electrical appliances excluding kitchen appliances, or 18 deals in the purchase or sale of any used electronic equipment, comput- 19 ers or component parts of electronic equipment or computers, shall make 20 available to the secretary of state the records required to be kept 21 pursuant to subdivisions one and two of section fifty-seven-a of this 22 article with respect to such transactions in a manner specified by the 23 secretary of state for the New York state department of state by rule EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03475-01-1A. 653 2 1 and regulation, which may include the real-time sharing or accessing of 2 such records in an electronic format and/or through use of an internet 3 website designated by the secretary of state. 4 § 57-a. Record of purchases and sales. 1. Every dealer in second-hand 5 articles who deals in the purchase or sale of any second-hand manufac- 6 tured article composed wholly or in part of gold, silver, platinum, or 7 other precious metals, or deals in the purchase or sale of any old gold, 8 silver, platinum or other precious metals, or deals in the purchase of 9 articles or things comprised of gold, silver, platinum or other precious 10 metals for the purpose of melting or refining, or deals in the purchase 11 or sale of used electrical appliances excluding kitchen appliances, or 12 deals in the purchase or sale of any used electronic equipment, comput- 13 ers or component parts of electronic equipment or computers, shall with 14 respect to such transactions create an electronic record in English, in 15 a manner to be specified by the secretary of state for the New York 16 state department of state by rule or regulation. Such electronic record 17 may include the real-time sharing or accessing of such records in an 18 electronic format and/or through use of an internet website designated 19 by the secretary of state for the New York state department of state. 20 Such electronic record shall be retained for a minimum period of six 21 years from the date of purchase or sale. Such electronic record may, in 22 the discretion of the secretary of state and in furtherance of the 23 purposes of this article and any other applicable law or rules regulat- 24 ing the activities of dealers in second-hand articles, include but shall 25 not be limited to the following information, provided in a format or in 26 accordance with specifications as provided by rule or regulation of the 27 secretary of state: 28 a. The date, time, location and type of transaction; 29 b. The name of the individual conducting the transaction for the deal- 30 er; 31 c. Identifying information regarding the person who is present to 32 offer property purchased by the dealer, including name, address, phone 33 number, type of identification utilized, identification number, expira- 34 tion date of identification, date of birth, sex, height, weight, eye 35 color, hair color, race or ethnicity, distinguishing marks, digital 36 photograph of owner, and digital photograph or scanned copy of identifi- 37 cation utilized; 38 d. Identifying information regarding the person who is present to 39 purchase property sold by the dealer, including name, address, phone 40 number, and physical description as apparent, including sex, age, 41 height, weight, eye color, hair color, race or ethnicity, and distin- 42 guishing marks; and 43 e. An accurate description of each article purchased or sold, includ- 44 ing type of article, manufacturer, make, model number, serial number, 45 international mobile equipment identifier, electronic serial number, 46 mobile equipment identifier, inscriptions or distinguishing marks, and 47 one or more digital photographs reasonably capturing the likeness of the 48 article. 49 2. Every dealer in second-hand articles who deals in the purchase or 50 sale of pawnbroker tickets or other evidence of pledged articles or the 51 redemption or sale of pledged articles and who is not subject to the 52 provisions of section fifty-seven-b of this article shall, in addition 53 to recording information pursuant to subdivision one of this section, 54 create an electronic record of the following information at the time of 55 such purchase, sale or redemption in a manner to be specified by the 56 secretary of state for the New York state department of state by rule orA. 653 3 1 regulation, which may include the real-time sharing or accessing of such 2 records in an electronic format and/or through use of an internet 3 website designated by the secretary of state. Such electronic record 4 shall be retained for a minimum period of six years from the date of 5 purchase or sale. Such electronic record may, in the discretion of the 6 secretary and in furtherance of the purposes of this article and any 7 other applicable law or rules regulating the activities of dealers in 8 second-hand articles and pawnbrokers, include but shall not be limited 9 to the following information, provided in a format or in accordance with 10 specifications as provided by rule of the secretary of state: 11 a. The name and address of the person who issued such ticket or other 12 evidence; 13 b. The pledge number of such pawn ticket or other evidence; 14 c. The name and address of the pledgor as it appears upon such pawn 15 ticket or other evidence; 16 d. The amount loaned or advanced as it appears on such pawn ticket or 17 other evidence; 18 e. The sum paid or received for such pawn ticket or other evidence, or 19 the sum paid or received for the redeemed article or pledge; and 20 f. Such description of a pledged article as appears on such pawn tick- 21 et or other evidence and an accurate description of every redeemed 22 pledged article, including type of article, manufacturer, make, model 23 number, serial number, international mobile equipment identifier, elec- 24 tronic serial number, mobile equipment identifier, inscriptions or 25 distinguishing marks, and one or more digital photographs reasonably 26 capturing the likeness of the article. 27 3. A dealer in second-hand articles subject to the provisions of this 28 subdivision and subdivision one of this section shall acquire and main- 29 tain in good working order the electronic equipment necessary to create 30 and maintain the electronic records required by this section, including 31 but not limited to a computer with internet connection, an electronic 32 signature pad and a digital camera utilizing a file format designated by 33 the secretary of state. 34 4. The books and records required by this section, including any elec- 35 tronic records required by this subdivision and subdivision one of this 36 section, shall be open to the inspection of any police officer, the 37 secretary of state for the New York state department of state or any 38 departmental inspector, any judge of the criminal court, or any person 39 duly authorized in writing for such purposes by the secretary of state 40 or by any judge of the criminal court, who shall exhibit such written 41 authority to the dealer. Such records shall also be open to the 42 inspection of any official or other person identified in, or duly 43 authorized in writing pursuant to, any other applicable state or local 44 law. 45 5. Nothing in this section shall be construed to affect or supersede 46 any recordkeeping requirement imposed by or pursuant to any other appli- 47 cable state or local law. 48 § 57-b. Electronic reporting to the secretary of state. 1. Every pawn- 49 broker, shall make available to the secretary of state for the New York 50 state department of state the records required to be kept pursuant to 51 subdivision two of this section, in a manner to be specified by the 52 secretary of state by rule or regulation, which may include the real- 53 time sharing or accessing of such records in an electronic format and/or 54 through use of an internet website designated by the secretary of state 55 for the New York state department of state.A. 653 4 1 2. Every pawnbroker shall create at the time of transaction an elec- 2 tronic record in English, in a manner to be specified by the secretary 3 of state by rule or regulation, which may include the use of an internet 4 website designated by the secretary of state, of every transaction in 5 which goods, articles or things, or any part thereof, are pawned, 6 pledged or redeemed in the course of business of such pawnbroker. Such 7 electronic record shall be retained for a minimum period of six years 8 from the date of the transaction. Such electronic record may, in the 9 discretion of the secretary of state and in furtherance of the purposes 10 of this article and any other applicable law or rules regulating the 11 activities of pawnbrokers, include but shall not be limited to the 12 following information, provided in a format or in accordance with spec- 13 ifications as provided by rule or regulation of the secretary of state: 14 a. The date, time, location and type of transaction; 15 b. The name of the individual conducting the transaction for the pawn- 16 broker; 17 c. Identifying information regarding the pledgor, including name, 18 address, phone number, type of identification utilized, identification 19 number, expiration date of identification, date of birth, sex, height, 20 weight, eye color, hair color, race or ethnicity, distinguishing marks, 21 digital photograph of owner, digital photograph or scanned copy of iden- 22 tification utilized, and whether the pledgor is the owner, consignee or 23 agent of the owner; 24 d. An accurate description of each article pawned or pledged, includ- 25 ing type of article, manufacturer, make, model number, serial number, 26 international mobile equipment identifier, electronic serial number, 27 mobile equipment identifier, inscriptions or distinguishing marks, and 28 one or more digital photographs reasonably capturing the likeness of the 29 article; 30 e. The pledge number of the pawn ticket; 31 f. The amount loaned or advanced thereon and the rate of interest to 32 be paid on such loan or advance; 33 g. Identifying information regarding the person redeeming the article 34 pawned or pledged, including name, address, phone number, type of iden- 35 tification utilized, identification number, expiration date of identifi- 36 cation, date of birth, sex, height, weight, eye color, hair color, race 37 or ethnicity, distinguishing marks, digital photograph of owner, and 38 digital photograph or scanned copy of identification utilized; and 39 h. An accurate description of each article purchased or sold, includ- 40 ing type of article, manufacturer, make, model number, serial number, 41 international mobile equipment identifier, electronic serial number, 42 mobile equipment identifier, inscriptions or distinguishing marks, and 43 one or more digital photographs reasonably capturing the likeness of the 44 article. 45 Notwithstanding any inconsistent provision of this subdivision, such 46 electronic record shall in any event contain the information specified 47 in section forty-three of this chapter. 48 3. The pawnbroker shall acquire and maintain in good working order the 49 electronic equipment necessary to create and maintain the electronic 50 records required by this section, including but not limited to a comput- 51 er with internet connection, an electronic signature pad and a digital 52 camera utilizing a file format designated by the secretary of state. 53 4. The electronic records required by this section shall be open to 54 the inspection of the state attorney general, the state comptroller, any 55 police officer, the secretary of state, any departmental inspector, any 56 judge of the criminal court, any person duly authorized in writing forA. 653 5 1 such purposes by the secretary of state or by any judge of the criminal 2 court, who shall exhibit such written authority to the pawnbroker or any 3 other governmental officer or employee authorized by state or local law. 4 Such records shall also be open to the inspection of any official or 5 other person identified in, or duly authorized in writing pursuant to 6 section forty-five of this chapter or any other applicable state or 7 local law. 8 5. Nothing in this section shall be construed to affect or supersede 9 any recordkeeping requirement imposed by or pursuant to any other appli- 10 cable state or local law. 11 6. In addition to any other applicable penalty or sanction, any person 12 who violates any of the provisions of this section or rules promulgated 13 thereunder shall be subject to the penalties set forth in section 14 fifty-seven-c of this article. 15 § 57-c. Penalties. 1. Except as otherwise specifically provided any 16 person who violates any provision of this article or any regulation or 17 rule promulgated under it shall, upon conviction thereof, be punished 18 for each violation by a fine of not less than twenty-five dollars nor 19 more than five hundred dollars, or by imprisonment not exceeding fifteen 20 days, or both; and any such person shall be subject also to a civil 21 penalty in the sum of one hundred dollars for each violation, to be 22 recovered in a civil action. 23 2. The attorney general is authorized to bring an injunction proceed- 24 ing to restrain or enjoin any violation of this article. 25 § 2. This act shall take effect on the ninetieth day after it shall 26 have become a law. Effective immediately, the addition, amendment and/or 27 repeal of any rule or regulation necessary for the implementation of 28 this act on its effective date are authorized to be made and completed 29 on or before such effective date.
