Bill Text: NY S02204 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to recordkeeping requirements for second-hand dealers and pawnbrokers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S02204 Detail]
Download: New_York-2023-S02204-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2204 2023-2024 Regular Sessions IN SENATE January 19, 2023 ___________ Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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 24 and regulation, which may include the real-time sharing or accessing of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06032-01-3S. 2204 2 1 such records in an electronic format and/or through use of an internet 2 website designated by the secretary of state. 3 § 57-a. Record of purchases and sales. 1. Every dealer in second-hand 4 articles who deals in the purchase or sale of any second-hand manufac- 5 tured article composed wholly or in part of gold, silver, platinum, or 6 other precious metals, or deals in the purchase or sale of any old gold, 7 silver, platinum or other precious metals, or deals in the purchase of 8 articles or things comprised of gold, silver, platinum or other precious 9 metals for the purpose of melting or refining, or deals in the purchase 10 or sale of used electrical appliances excluding kitchen appliances, or 11 deals in the purchase or sale of any used electronic equipment, comput- 12 ers or component parts of electronic equipment or computers, shall with 13 respect to such transactions create an electronic record in English, in 14 a manner to be specified by the secretary of state for the New York 15 state department of state by rule or regulation. Such electronic record 16 may include the real-time sharing or accessing of such records in an 17 electronic format and/or through use of an internet website designated 18 by the secretary of state for the New York state department of state. 19 Such electronic record shall be retained for a minimum period of six 20 years from the date of purchase or sale. Such electronic record may, in 21 the discretion of the secretary of state and in furtherance of the 22 purposes of this article and any other applicable law or rules regulat- 23 ing the activities of dealers in second-hand articles, include but shall 24 not be limited to the following information, provided in a format or in 25 accordance with specifications as provided by rule or regulation of the 26 secretary of state: 27 a. The date, time, location and type of transaction; 28 b. The name of the individual conducting the transaction for the deal- 29 er; 30 c. Identifying information regarding the person who is present to 31 offer property purchased by the dealer, including name, address, phone 32 number, type of identification utilized, identification number, expira- 33 tion date of identification, date of birth, sex, height, weight, eye 34 color, hair color, race or ethnicity, distinguishing marks, digital 35 photograph of owner, and digital photograph or scanned copy of identifi- 36 cation utilized; 37 d. Identifying information regarding the person who is present to 38 purchase property sold by the dealer, including name, address, phone 39 number, and physical description as apparent, including sex, age, 40 height, weight, eye color, hair color, race or ethnicity, and distin- 41 guishing marks; and 42 e. An accurate description of each article purchased or sold, includ- 43 ing type of article, manufacturer, make, model number, serial number, 44 international mobile equipment identifier, electronic serial number, 45 mobile equipment identifier, inscriptions or distinguishing marks, and 46 one or more digital photographs reasonably capturing the likeness of the 47 article. 48 2. Every dealer in second-hand articles who deals in the purchase or 49 sale of pawnbroker tickets or other evidence of pledged articles or the 50 redemption or sale of pledged articles and who is not subject to the 51 provisions of section fifty-seven-b of this article shall, in addition 52 to recording information pursuant to subdivision one of this section, 53 create an electronic record of the following information at the time of 54 such purchase, sale or redemption in a manner to be specified by the 55 secretary of state for the New York state department of state by rule or 56 regulation, which may include the real-time sharing or accessing of suchS. 2204 3 1 records in an electronic format and/or through use of an internet 2 website designated by the secretary of state. Such electronic record 3 shall be retained for a minimum period of six years from the date of 4 purchase or sale. Such electronic record may, in the discretion of the 5 secretary and in furtherance of the purposes of this article and any 6 other applicable law or rules regulating the activities of dealers in 7 second-hand articles and pawnbrokers, include but shall not be limited 8 to the following information, provided in a format or in accordance with 9 specifications as provided by rule of the secretary of state: 10 a. The name and address of the person who issued such ticket or other 11 evidence; 12 b. The pledge number of such pawn ticket or other evidence; 13 c. The name and address of the pledgor as it appears upon such pawn 14 ticket or other evidence; 15 d. The amount loaned or advanced as it appears on such pawn ticket or 16 other evidence; 17 e. The sum paid or received for such pawn ticket or other evidence, or 18 the sum paid or received for the redeemed article or pledge; and 19 f. Such description of a pledged article as appears on such pawn tick- 20 et or other evidence and an accurate description of every redeemed 21 pledged article, including type of article, manufacturer, make, model 22 number, serial number, international mobile equipment identifier, elec- 23 tronic serial number, mobile equipment identifier, inscriptions or 24 distinguishing marks, and one or more digital photographs reasonably 25 capturing the likeness of the article. 26 3. A dealer in second-hand articles subject to the provisions of this 27 subdivision and subdivision one of this section shall acquire and main- 28 tain in good working order the electronic equipment necessary to create 29 and maintain the electronic records required by this section, including 30 but not limited to a computer with internet connection, an electronic 31 signature pad and a digital camera utilizing a file format designated by 32 the secretary of state. 33 4. The books and records required by this section, including any elec- 34 tronic records required by this subdivision and subdivision one of this 35 section, shall be open to the inspection of any police officer, the 36 secretary of state for the New York state department of state or any 37 departmental inspector, any judge of the criminal court, or any person 38 duly authorized in writing for such purposes by the secretary of state 39 or by any judge of the criminal court, who shall exhibit such written 40 authority to the dealer. Such records shall also be open to the 41 inspection of any official or other person identified in, or duly 42 authorized in writing pursuant to, any other applicable state or local 43 law. 44 5. Nothing in this section shall be construed to affect or supersede 45 any recordkeeping requirement imposed by or pursuant to any other appli- 46 cable state or local law. 47 § 57-b. Electronic reporting to the secretary of state. 1. Every pawn- 48 broker, shall make available to the secretary of state for the New York 49 state department of state the records required to be kept pursuant to 50 subdivision two of this section, in a manner to be specified by the 51 secretary of state by rule or regulation, which may include the real- 52 time sharing or accessing of such records in an electronic format and/or 53 through use of an internet website designated by the secretary of state 54 for the New York state department of state. 55 2. Every pawnbroker shall create at the time of transaction an elec- 56 tronic record in English, in a manner to be specified by the secretaryS. 2204 4 1 of state by rule or regulation, which may include the use of an internet 2 website designated by the secretary of state, of every transaction in 3 which goods, articles or things, or any part thereof, are pawned, 4 pledged or redeemed in the course of business of such pawnbroker. Such 5 electronic record shall be retained for a minimum period of six years 6 from the date of the transaction. Such electronic record may, in the 7 discretion of the secretary of state and in furtherance of the purposes 8 of this article and any other applicable law or rules regulating the 9 activities of pawnbrokers, include but shall not be limited to the 10 following information, provided in a format or in accordance with spec- 11 ifications as provided by rule or regulation of the secretary of state: 12 a. The date, time, location and type of transaction; 13 b. The name of the individual conducting the transaction for the pawn- 14 broker; 15 c. Identifying information regarding the pledgor, including name, 16 address, phone number, type of identification utilized, identification 17 number, expiration date of identification, date of birth, sex, height, 18 weight, eye color, hair color, race or ethnicity, distinguishing marks, 19 digital photograph of owner, digital photograph or scanned copy of iden- 20 tification utilized, and whether the pledgor is the owner, consignee or 21 agent of the owner; 22 d. An accurate description of each article pawned or pledged, includ- 23 ing type of article, manufacturer, make, model number, serial number, 24 international mobile equipment identifier, electronic serial number, 25 mobile equipment identifier, inscriptions or distinguishing marks, and 26 one or more digital photographs reasonably capturing the likeness of the 27 article; 28 e. The pledge number of the pawn ticket; 29 f. The amount loaned or advanced thereon and the rate of interest to 30 be paid on such loan or advance; 31 g. Identifying information regarding the person redeeming the article 32 pawned or pledged, including name, address, phone number, type of iden- 33 tification utilized, identification number, expiration date of identifi- 34 cation, date of birth, sex, height, weight, eye color, hair color, race 35 or ethnicity, distinguishing marks, digital photograph of owner, and 36 digital photograph or scanned copy of identification utilized; and 37 h. An accurate description of each article purchased or sold, includ- 38 ing type of article, manufacturer, make, model number, serial number, 39 international mobile equipment identifier, electronic serial number, 40 mobile equipment identifier, inscriptions or distinguishing marks, and 41 one or more digital photographs reasonably capturing the likeness of the 42 article. 43 Notwithstanding any inconsistent provision of this subdivision, such 44 electronic record shall in any event contain the information specified 45 in section forty-three of this chapter. 46 3. The pawnbroker shall acquire and maintain in good working order the 47 electronic equipment necessary to create and maintain the electronic 48 records required by this section, including but not limited to a comput- 49 er with internet connection, an electronic signature pad and a digital 50 camera utilizing a file format designated by the secretary of state. 51 4. The electronic records required by this section shall be open to 52 the inspection of the state attorney general, the state comptroller, any 53 police officer, the secretary of state, any departmental inspector, any 54 judge of the criminal court, any person duly authorized in writing for 55 such purposes by the secretary of state or by any judge of the criminal 56 court, who shall exhibit such written authority to the pawnbroker or anyS. 2204 5 1 other governmental officer or employee authorized by state or local law. 2 Such records shall also be open to the inspection of any official or 3 other person identified in, or duly authorized in writing pursuant to 4 section forty-five of this chapter or any other applicable state or 5 local law. 6 5. Nothing in this section shall be construed to affect or supersede 7 any recordkeeping requirement imposed by or pursuant to any other appli- 8 cable state or local law. 9 6. In addition to any other applicable penalty or sanction, any person 10 who violates any of the provisions of this section or rules promulgated 11 thereunder shall be subject to the penalties set forth in section 12 fifty-seven-c of this article. 13 § 57-c. Penalties. 1. Except as otherwise specifically provided any 14 person who violates any provision of this article or any regulation or 15 rule promulgated under it shall, upon conviction thereof, be punished 16 for each violation by a fine of not less than twenty-five dollars nor 17 more than five hundred dollars, or by imprisonment not exceeding fifteen 18 days, or both; and any such person shall be subject also to a civil 19 penalty in the sum of one hundred dollars for each violation, to be 20 recovered in a civil action. 21 2. The attorney general is authorized to bring an injunction proceed- 22 ing to restrain or enjoin any violation of this article. 23 § 2. This act shall take effect on the ninetieth day after it shall 24 have become a law. Effective immediately, the addition, amendment and/or 25 repeal of any rule or regulation necessary for the implementation of 26 this act on its effective date are authorized to be made and completed 27 on or before such effective date.
