STATE OF NEW YORK
________________________________________________________________________
662--A
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. BRAUNSTEIN, SIMOTAS -- Multi-Sponsored by -- M.
of A. MARKEY, McKEVITT, MONTESANO, RODRIGUEZ -- read once and referred
to the Committee on Economic Development -- recommitted to the Commit-
tee on Economic Development in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02324-04-6
A. 662--A 2
1 pursuant to subdivisions one and two of section fifty-seven-a of this
2 article with respect to such transactions in a manner specified by the
3 secretary of state for the New York state department of state by rule
4 and regulation, which may include the real-time sharing or accessing of
5 such records in an electronic format and/or through use of an internet
6 website designated by the secretary of state.
7 § 57-a. Record of purchases and sales. 1. Every dealer in second-hand
8 articles who deals in the purchase or sale of any second-hand manufac-
9 tured article composed wholly or in part of gold, silver, platinum, or
10 other precious metals, or deals in the purchase or sale of any old gold,
11 silver, platinum or other precious metals, or deals in the purchase of
12 articles or things comprised of gold, silver, platinum or other precious
13 metals for the purpose of melting or refining, or deals in the purchase
14 or sale of used electrical appliances excluding kitchen appliances, or
15 deals in the purchase or sale of any used electronic equipment, comput-
16 ers or component parts of electronic equipment or computers, shall with
17 respect to such transactions create an electronic record in English, in
18 a manner to be specified by the secretary of state for the New York
19 state department of state by rule or regulation. Such electronic record
20 may include the real-time sharing or accessing of such records in an
21 electronic format and/or through use of an internet website designated
22 by the secretary of state for the New York state department of state.
23 Such electronic record shall be retained for a minimum period of six
24 years from the date of purchase or sale. Such electronic record may, in
25 the discretion of the secretary of state and in furtherance of the
26 purposes of this article and any other applicable law or rules regulat-
27 ing the activities of dealers in second-hand articles, include but shall
28 not be limited to the following information, provided in a format or in
29 accordance with specifications as provided by rule or regulation of the
30 secretary of state:
31 a. The date, time, location and type of transaction;
32 b. The name of the individual conducting the transaction for the deal-
33 er;
34 c. Identifying information regarding the person who is present to
35 offer property purchased by the dealer, including name, address, phone
36 number, type of identification utilized, identification number, expira-
37 tion date of identification, date of birth, sex, height, weight, eye
38 color, hair color, race or ethnicity, distinguishing marks, digital
39 photograph of owner, and digital photograph or scanned copy of identifi-
40 cation utilized;
41 d. Identifying information regarding the person who is present to
42 purchase property sold by the dealer, including name, address, phone
43 number, and physical description as apparent, including sex, age,
44 height, weight, eye color, hair color, race or ethnicity, and distin-
45 guishing marks; and
46 e. An accurate description of each article purchased or sold, includ-
47 ing type of article, manufacturer, make, model number, serial number,
48 international mobile equipment identifier, electronic serial number,
49 mobile equipment identifier, inscriptions or distinguishing marks, and
50 one or more digital photographs reasonably capturing the likeness of the
51 article.
52 2. Every dealer in second-hand articles who deals in the purchase or
53 sale of pawnbroker tickets or other evidence of pledged articles or the
54 redemption or sale of pledged articles and who is not subject to the
55 provisions of section fifty-seven-b of this article shall, in addition
56 to recording information pursuant to subdivision one of this section,
A. 662--A 3
1 create an electronic record of the following information at the time of
2 such purchase, sale or redemption in a manner to be specified by the
3 secretary of state for the New York state department of state by rule or
4 regulation, which may include the real-time sharing or accessing of such
5 records in an electronic format and/or through use of an internet
6 website designated by the secretary of state. Such electronic record
7 shall be retained for a minimum period of six years from the date of
8 purchase or sale. Such electronic record may, in the discretion of the
9 secretary and in furtherance of the purposes of this article and any
10 other applicable law or rules regulating the activities of dealers in
11 second-hand articles and pawnbrokers, include but shall not be limited
12 to the following information, provided in a format or in accordance with
13 specifications as provided by rule of the secretary of state:
14 a. The name and address of the person who issued such ticket or other
15 evidence;
16 b. The pledge number of such pawn ticket or other evidence;
17 c. The name and address of the pledgor as it appears upon such pawn
18 ticket or other evidence;
19 d. The amount loaned or advanced as it appears on such pawn ticket or
20 other evidence;
21 e. The sum paid or received for such pawn ticket or other evidence, or
22 the sum paid or received for the redeemed article or pledge; and
23 f. Such description of a pledged article as appears on such pawn tick-
24 et or other evidence and an accurate description of every redeemed
25 pledged article, including type of article, manufacturer, make, model
26 number, serial number, international mobile equipment identifier, elec-
27 tronic serial number, mobile equipment identifier, inscriptions or
28 distinguishing marks, and one or more digital photographs reasonably
29 capturing the likeness of the article.
30 3. A dealer in second-hand articles subject to the provisions of this
31 subdivision and subdivision one of this section shall acquire and main-
32 tain in good working order the electronic equipment necessary to create
33 and maintain the electronic records required by this section, including
34 but not limited to a computer with internet connection, an electronic
35 signature pad and a digital camera utilizing a file format designated by
36 the secretary of state;
37 4. The books and records required by this section, including any elec-
38 tronic records required by this subdivision and subdivision one of this
39 section, shall be open to the inspection of any police officer, the
40 secretary of state for the New York state department of state or any
41 departmental inspector, any judge of the criminal court, or any person
42 duly authorized in writing for such purposes by the secretary of state
43 or by any judge of the criminal court, who shall exhibit such written
44 authority to the dealer. Such records shall also be open to the
45 inspection of any official or other person identified in, or duly
46 authorized in writing pursuant to, any other applicable state or local
47 law;
48 5. Nothing in this section shall be construed to affect or supersede
49 any recordkeeping requirement imposed by or pursuant to any other appli-
50 cable state or local law.
51 § 57-b. Electronic reporting to the secretary of state. 1. Every pawn-
52 broker, shall make available to the secretary of state for the New York
53 state department of state the records required to be kept pursuant to
54 subdivision two of this section, in a manner to be specified by the
55 secretary of state by rule or regulation, which may include the real-
56 time sharing or accessing of such records in an electronic format and/or
A. 662--A 4
1 through use of an internet website designated by the secretary of state
2 for the New York state department of state.
3 2. Every pawnbroker shall create at the time of transaction an elec-
4 tronic record in English, in a manner to be specified by the secretary
5 of state by rule or regulation, which may include the use of an internet
6 website designated by the secretary of state, of every transaction in
7 which goods, articles or things, or any part thereof, are pawned,
8 pledged or redeemed in the course of business of such pawnbroker. Such
9 electronic record shall be retained for a minimum period of six years
10 from the date of the transaction. Such electronic record may, in the
11 discretion of the secretary of state and in furtherance of the purposes
12 of this article and any other applicable law or rules regulating the
13 activities of pawnbrokers, include but shall not be limited to the
14 following information, provided in a format or in accordance with spec-
15 ifications as provided by rule or regulation of the secretary of state:
16 a. The date, time, location and type of transaction;
17 b. The name of the individual conducting the transaction for the pawn-
18 broker;
19 c. Identifying information regarding the pledgor, including name,
20 address, phone number, type of identification utilized, identification
21 number, expiration date of identification, date of birth, sex, height,
22 weight, eye color, hair color, race or ethnicity, distinguishing marks,
23 digital photograph of owner, digital photograph or scanned copy of iden-
24 tification utilized, and whether the pledgor is the owner, consignee or
25 agent of the owner;
26 d. An accurate description of each article pawned or pledged, includ-
27 ing type of article, manufacturer, make, model number, serial number,
28 international mobile equipment identifier, electronic serial number,
29 mobile equipment identifier, inscriptions or distinguishing marks, and
30 one or more digital photographs reasonably capturing the likeness of the
31 article;
32 e. The pledge number of the pawn ticket;
33 f. The amount loaned or advanced thereon and the rate of interest to
34 be paid on such loan or advance;
35 g. Identifying information regarding the person redeeming the article
36 pawned or pledged, including name, address, phone number, type of iden-
37 tification utilized, identification number, expiration date of identifi-
38 cation, date of birth, sex, height, weight, eye color, hair color, race
39 or ethnicity, distinguishing marks, digital photograph of owner, and
40 digital photograph or scanned copy of identification utilized; and
41 h. An accurate description of each article purchased or sold, includ-
42 ing type of article, manufacturer, make, model number, serial number,
43 international mobile equipment identifier, electronic serial number,
44 mobile equipment identifier, inscriptions or distinguishing marks, and
45 one or more digital photographs reasonably capturing the likeness of the
46 article.
47 Notwithstanding any inconsistent provision of this subdivision, such
48 electronic record shall in any event contain the information specified
49 in section forty-three of this chapter.
50 3. The pawnbroker shall acquire and maintain in good working order the
51 electronic equipment necessary to create and maintain the electronic
52 records required by this section, including but not limited to a comput-
53 er with internet connection, an electronic signature pad and a digital
54 camera utilizing a file format designated by the secretary of state.
55 4. The electronic records required by this section shall be open to
56 the inspection of the state attorney general, the state comptroller, any
A. 662--A 5
1 police officer, the secretary of state, any departmental inspector, any
2 judge of the criminal court, any person duly authorized in writing for
3 such purposes by the secretary of state or by any judge of the criminal
4 court, who shall exhibit such written authority to the pawnbroker or any
5 other governmental officer or employee authorized by state or local law.
6 Such records shall also be open to the inspection of any official or
7 other person identified in, or duly authorized in writing pursuant to
8 section forty-five of this chapter or any other applicable state or
9 local law.
10 5. Nothing in this section shall be construed to affect or supersede
11 any recordkeeping requirement imposed by or pursuant to any other appli-
12 cable state or local law.
13 6. In addition to any other applicable penalty or sanction, any person
14 who violates any of the provisions of this section or rules promulgated
15 thereunder shall be subject to the penalties set forth in section
16 fifty-seven-c of this article.
17 § 57-c. Penalties. 1. Except as otherwise specifically provided any
18 person who violates any provision of this article or any regulation or
19 rule promulgated under it shall, upon conviction thereof, be punished
20 for each violation by a fine of not less than twenty-five dollars nor
21 more than five hundred dollars, or by imprisonment not exceeding fifteen
22 days, or both; and any such person shall be subject also to a civil
23 penalty in the sum of one hundred dollars for each violation, to be
24 recovered in a civil action.
25 2. The attorney general is authorized to bring an injunction proceed-
26 ing to restrain or enjoin any violation of this article.
27 § 2. This act shall take effect on the ninetieth day after it shall
28 have become a law; provided, however, that the secretary of state shall
29 take such measures as are necessary for its implementation, including
30 the promulgation of any rules, or regulations prior to such effective
31 date.
