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Assembly Bill A9095C

2013-2014 Legislative Session

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A9095 - Details

See Senate Version of this Bill:
S2618
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6172
2015-2016: S2077
2017-2018: S447

2013-A9095 - Summary

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

2013-A9095 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9095

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "SELLER" SHALL MEAN ANY PERSON WHO SELLS ANY  SECOND-HAND  ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2.  NO  DEALER  SHALL TAKE POSSESSION OF AND PROVIDE CONSIDERATION FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF  TWO
FORMS  OF  IDENTIFICATION.  THE  DEALER  SHALL MAINTAIN A RECORD OF EACH
SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM HE OR  SHE  TAKES
POSSESSION  OF,  AND  SUCH  RECORD  SHALL INCLUDE A COPY OF THE FORMS OF
IDENTIFICATION PRESENTED BY  THE  SELLER  AND  A  TELEPHONE  NUMBER  AND
ADDRESS  AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL BE
MAINTAINED BY THE DEALER FOR A PERIOD OF NOT LESS THAN  TWO  YEARS,  AND
SHALL BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS.
  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD OF NOT LESS THAN SEVENTY-TWO HOURS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-04-4

2013-A9095A - Details

See Senate Version of this Bill:
S2618
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6172
2015-2016: S2077
2017-2018: S447

2013-A9095A - Summary

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

2013-A9095A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--A

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "SELLER" SHALL MEAN ANY PERSON WHO SELLS ANY  SECOND-HAND  ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2.  NO  DEALER  SHALL TAKE POSSESSION OF AND PROVIDE CONSIDERATION FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF  TWO
FORMS  OF  IDENTIFICATION.  THE  DEALER  SHALL MAINTAIN A RECORD OF EACH
SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM HE OR  SHE  TAKES
POSSESSION  OF,  AND  SUCH  RECORD  SHALL INCLUDE A COPY OF THE FORMS OF
IDENTIFICATION PRESENTED BY  THE  SELLER  AND  A  TELEPHONE  NUMBER  AND
ADDRESS  AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL BE
MAINTAINED BY THE DEALER FOR A PERIOD OF NOT LESS THAN  TWO  YEARS,  AND
SHALL BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS.
  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD OF NOT LESS THAN SEVENTY-TWO HOURS.
  4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PREEMPT OR PROHIBIT
ANY  MUNICIPALITY  FROM  ENACTING  A LOCAL LAW OR ORDINANCE WHICH ESTAB-
LISHES MORE STRINGENT STANDARDS THAN THOSE ESTABLISHED BY THIS SECTION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2013-A9095B - Details

See Senate Version of this Bill:
S2618
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6172
2015-2016: S2077
2017-2018: S447

2013-A9095B - Summary

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

2013-A9095B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--B

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "PERSON" SHALL MEAN AN INDIVIDUAL OR BUSINESS ENTITY, INCLUDING  A
COLLATERAL LOAN BROKER AS DEFINED IN SECTION FIFTY-TWO OF THIS CHAPTER.
  (C)  "SELLER"  SHALL MEAN ANY PERSON WHO SELLS ANY SECOND-HAND ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2. NO DEALER SHALL TAKE POSSESSION OF AND  PROVIDE  CONSIDERATION  FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT  CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF TWO
FORMS OF IDENTIFICATION. THE DEALER SHALL  MAINTAIN  A  RECORD  OF  EACH
SECOND-HAND  ITEM  COMPRISED OF GOLD, SILVER OR PLATINUM HE OR SHE TAKES
POSSESSION OF, AND SUCH RECORD SHALL INCLUDE A  COPY  OF  THE  FORMS  OF
IDENTIFICATION  PRESENTED  BY  THE  SELLER  AND  A  TELEPHONE NUMBER AND
ADDRESS AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL  BE
MAINTAINED  BY  THE  DEALER FOR A PERIOD OF NOT LESS THAN TWO YEARS, AND
SHALL ONLY BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS
BY THE ATTORNEY GENERAL OR HIS OR HER  DESIGNEES,  THE  LOCAL  LICENSING
AUTHORITY OR A POLICE OFFICER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-08-4

2013-A9095C (ACTIVE) - Details

See Senate Version of this Bill:
S2618
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6172
2015-2016: S2077
2017-2018: S447

2013-A9095C (ACTIVE) - Summary

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

2013-A9095C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--C

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "PERSON" SHALL MEAN AN INDIVIDUAL OR BUSINESS ENTITY, INCLUDING  A
COLLATERAL LOAN BROKER AS DEFINED IN SECTION FIFTY-TWO OF THIS CHAPTER.
  (C)  "SELLER"  SHALL MEAN ANY PERSON WHO SELLS ANY SECOND-HAND ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2. NO DEALER SHALL TAKE POSSESSION OF AND  PROVIDE  CONSIDERATION  FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT  CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF TWO
FORMS OF IDENTIFICATION. THE DEALER SHALL  MAINTAIN  A  RECORD  OF  EACH
SECOND-HAND  ITEM  COMPRISED OF GOLD, SILVER OR PLATINUM HE OR SHE TAKES
POSSESSION OF, AND SUCH RECORD SHALL INCLUDE A  COPY  OF  THE  FORMS  OF
IDENTIFICATION  PRESENTED  BY  THE  SELLER  AND  A  TELEPHONE NUMBER AND
ADDRESS AT WHICH THE SELLER MAY BE CONTACTED. EACH DEALER  SHALL  INSTI-
TUTE  REASONABLE MEASURES TO KEEP SUCH RECORDS SECURE.  ALL SUCH RECORDS
SHALL BE MAINTAINED BY THE DEALER FOR A PERIOD  OF  NOT  LESS  THAN  TWO
YEARS,  AND  SHALL  ONLY  BE MADE AVAILABLE FOR INSPECTION DURING NORMAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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