[ ] is old law to be omitted.
LBD03475-01-1
A. 653 2
AND REGULATION, WHICH MAY INCLUDE THE REAL-TIME SHARING OR ACCESSING OF
SUCH RECORDS IN AN ELECTRONIC FORMAT AND/OR THROUGH USE OF AN INTERNET
WEBSITE DESIGNATED BY THE SECRETARY OF STATE.
§ 57-A. RECORD OF PURCHASES AND SALES. 1. EVERY DEALER IN SECOND-HAND
ARTICLES WHO DEALS IN THE PURCHASE OR SALE OF ANY SECOND-HAND MANUFAC-
TURED ARTICLE COMPOSED WHOLLY OR IN PART OF GOLD, SILVER, PLATINUM, OR
OTHER PRECIOUS METALS, OR DEALS IN THE PURCHASE OR SALE OF ANY OLD GOLD,
SILVER, PLATINUM OR OTHER PRECIOUS METALS, OR DEALS IN THE PURCHASE OF
ARTICLES OR THINGS COMPRISED OF GOLD, SILVER, PLATINUM OR OTHER PRECIOUS
METALS FOR THE PURPOSE OF MELTING OR REFINING, OR DEALS IN THE PURCHASE
OR SALE OF USED ELECTRICAL APPLIANCES EXCLUDING KITCHEN APPLIANCES, OR
DEALS IN THE PURCHASE OR SALE OF ANY USED ELECTRONIC EQUIPMENT, COMPUT-
ERS OR COMPONENT PARTS OF ELECTRONIC EQUIPMENT OR COMPUTERS, SHALL WITH
RESPECT TO SUCH TRANSACTIONS CREATE AN ELECTRONIC RECORD IN ENGLISH, IN
A MANNER TO BE SPECIFIED BY THE SECRETARY OF STATE FOR THE NEW YORK
STATE DEPARTMENT OF STATE BY RULE OR REGULATION. SUCH ELECTRONIC RECORD
MAY INCLUDE THE REAL-TIME SHARING OR ACCESSING OF SUCH RECORDS IN AN
ELECTRONIC FORMAT AND/OR THROUGH USE OF AN INTERNET WEBSITE DESIGNATED
BY THE SECRETARY OF STATE FOR THE NEW YORK STATE DEPARTMENT OF STATE.
SUCH ELECTRONIC RECORD SHALL BE RETAINED FOR A MINIMUM PERIOD OF SIX
YEARS FROM THE DATE OF PURCHASE OR SALE. SUCH ELECTRONIC RECORD MAY, IN
THE DISCRETION OF THE SECRETARY OF STATE AND IN FURTHERANCE OF THE
PURPOSES OF THIS ARTICLE AND ANY OTHER APPLICABLE LAW OR RULES REGULAT-
ING THE ACTIVITIES OF DEALERS IN SECOND-HAND ARTICLES, INCLUDE BUT SHALL
NOT BE LIMITED TO THE FOLLOWING INFORMATION, PROVIDED IN A FORMAT OR IN
ACCORDANCE WITH SPECIFICATIONS AS PROVIDED BY RULE OR REGULATION OF THE
SECRETARY OF STATE:
A. THE DATE, TIME, LOCATION AND TYPE OF TRANSACTION;
B. THE NAME OF THE INDIVIDUAL CONDUCTING THE TRANSACTION FOR THE DEAL-
ER;
C. IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS PRESENT TO
OFFER PROPERTY PURCHASED BY THE DEALER, INCLUDING NAME, ADDRESS, PHONE
NUMBER, TYPE OF IDENTIFICATION UTILIZED, IDENTIFICATION NUMBER, EXPIRA-
TION DATE OF IDENTIFICATION, DATE OF BIRTH, SEX, HEIGHT, WEIGHT, EYE
COLOR, HAIR COLOR, RACE OR ETHNICITY, DISTINGUISHING MARKS, DIGITAL
PHOTOGRAPH OF OWNER, AND DIGITAL PHOTOGRAPH OR SCANNED COPY OF IDENTIFI-
CATION UTILIZED;
D. IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS PRESENT TO
PURCHASE PROPERTY SOLD BY THE DEALER, INCLUDING NAME, ADDRESS, PHONE
NUMBER, AND PHYSICAL DESCRIPTION AS APPARENT, INCLUDING SEX, AGE,
HEIGHT, WEIGHT, EYE COLOR, HAIR COLOR, RACE OR ETHNICITY, AND DISTIN-
GUISHING MARKS; AND
E. AN ACCURATE DESCRIPTION OF EACH ARTICLE PURCHASED OR SOLD, INCLUD-
ING TYPE OF ARTICLE, MANUFACTURER, MAKE, MODEL NUMBER, SERIAL NUMBER,
INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER, ELECTRONIC SERIAL NUMBER,
MOBILE EQUIPMENT IDENTIFIER, INSCRIPTIONS OR DISTINGUISHING MARKS, AND
ONE OR MORE DIGITAL PHOTOGRAPHS REASONABLY CAPTURING THE LIKENESS OF THE
ARTICLE.
2. EVERY DEALER IN SECOND-HAND ARTICLES WHO DEALS IN THE PURCHASE OR
SALE OF PAWNBROKER TICKETS OR OTHER EVIDENCE OF PLEDGED ARTICLES OR THE
REDEMPTION OR SALE OF PLEDGED ARTICLES AND WHO IS NOT SUBJECT TO THE
PROVISIONS OF SECTION FIFTY-SEVEN-B OF THIS ARTICLE SHALL, IN ADDITION
TO RECORDING INFORMATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
CREATE AN ELECTRONIC RECORD OF THE FOLLOWING INFORMATION AT THE TIME OF
SUCH PURCHASE, SALE OR REDEMPTION IN A MANNER TO BE SPECIFIED BY THE
SECRETARY OF STATE FOR THE NEW YORK STATE DEPARTMENT OF STATE BY RULE OR
A. 653 3
REGULATION, WHICH MAY INCLUDE THE REAL-TIME SHARING OR ACCESSING OF SUCH
RECORDS IN AN ELECTRONIC FORMAT AND/OR THROUGH USE OF AN INTERNET
WEBSITE DESIGNATED BY THE SECRETARY OF STATE. SUCH ELECTRONIC RECORD
SHALL BE RETAINED FOR A MINIMUM PERIOD OF SIX YEARS FROM THE DATE OF
PURCHASE OR SALE. SUCH ELECTRONIC RECORD MAY, IN THE DISCRETION OF THE
SECRETARY AND IN FURTHERANCE OF THE PURPOSES OF THIS ARTICLE AND ANY
OTHER APPLICABLE LAW OR RULES REGULATING THE ACTIVITIES OF DEALERS IN
SECOND-HAND ARTICLES AND PAWNBROKERS, INCLUDE BUT SHALL NOT BE LIMITED
TO THE FOLLOWING INFORMATION, PROVIDED IN A FORMAT OR IN ACCORDANCE WITH
SPECIFICATIONS AS PROVIDED BY RULE OF THE SECRETARY OF STATE:
A. THE NAME AND ADDRESS OF THE PERSON WHO ISSUED SUCH TICKET OR OTHER
EVIDENCE;
B. THE PLEDGE NUMBER OF SUCH PAWN TICKET OR OTHER EVIDENCE;
C. THE NAME AND ADDRESS OF THE PLEDGOR AS IT APPEARS UPON SUCH PAWN
TICKET OR OTHER EVIDENCE;
D. THE AMOUNT LOANED OR ADVANCED AS IT APPEARS ON SUCH PAWN TICKET OR
OTHER EVIDENCE;
E. THE SUM PAID OR RECEIVED FOR SUCH PAWN TICKET OR OTHER EVIDENCE, OR
THE SUM PAID OR RECEIVED FOR THE REDEEMED ARTICLE OR PLEDGE; AND
F. SUCH DESCRIPTION OF A PLEDGED ARTICLE AS APPEARS ON SUCH PAWN TICK-
ET OR OTHER EVIDENCE AND AN ACCURATE DESCRIPTION OF EVERY REDEEMED
PLEDGED ARTICLE, INCLUDING TYPE OF ARTICLE, MANUFACTURER, MAKE, MODEL
NUMBER, SERIAL NUMBER, INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER, ELEC-
TRONIC SERIAL NUMBER, MOBILE EQUIPMENT IDENTIFIER, INSCRIPTIONS OR
DISTINGUISHING MARKS, AND ONE OR MORE DIGITAL PHOTOGRAPHS REASONABLY
CAPTURING THE LIKENESS OF THE ARTICLE.
3. A DEALER IN SECOND-HAND ARTICLES SUBJECT TO THE PROVISIONS OF THIS
SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION SHALL ACQUIRE AND MAIN-
TAIN IN GOOD WORKING ORDER THE ELECTRONIC EQUIPMENT NECESSARY TO CREATE
AND MAINTAIN THE ELECTRONIC RECORDS REQUIRED BY THIS SECTION, INCLUDING
BUT NOT LIMITED TO A COMPUTER WITH INTERNET CONNECTION, AN ELECTRONIC
SIGNATURE PAD AND A DIGITAL CAMERA UTILIZING A FILE FORMAT DESIGNATED BY
THE SECRETARY OF STATE.
4. THE BOOKS AND RECORDS REQUIRED BY THIS SECTION, INCLUDING ANY ELEC-
TRONIC RECORDS REQUIRED BY THIS SUBDIVISION AND SUBDIVISION ONE OF THIS
SECTION, SHALL BE OPEN TO THE INSPECTION OF ANY POLICE OFFICER, THE
SECRETARY OF STATE FOR THE NEW YORK STATE DEPARTMENT OF STATE OR ANY
DEPARTMENTAL INSPECTOR, ANY JUDGE OF THE CRIMINAL COURT, OR ANY PERSON
DULY AUTHORIZED IN WRITING FOR SUCH PURPOSES BY THE SECRETARY OF STATE
OR BY ANY JUDGE OF THE CRIMINAL COURT, WHO SHALL EXHIBIT SUCH WRITTEN
AUTHORITY TO THE DEALER. SUCH RECORDS SHALL ALSO BE OPEN TO THE
INSPECTION OF ANY OFFICIAL OR OTHER PERSON IDENTIFIED IN, OR DULY
AUTHORIZED IN WRITING PURSUANT TO, ANY OTHER APPLICABLE STATE OR LOCAL
LAW.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR SUPERSEDE
ANY RECORDKEEPING REQUIREMENT IMPOSED BY OR PURSUANT TO ANY OTHER APPLI-
CABLE STATE OR LOCAL LAW.
§ 57-B. ELECTRONIC REPORTING TO THE SECRETARY OF STATE. 1. EVERY PAWN-
BROKER, SHALL MAKE AVAILABLE TO THE SECRETARY OF STATE FOR THE NEW YORK
STATE DEPARTMENT OF STATE THE RECORDS REQUIRED TO BE KEPT PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, IN A MANNER TO BE SPECIFIED BY THE
SECRETARY OF STATE BY RULE OR REGULATION, WHICH MAY INCLUDE THE REAL-
TIME SHARING OR ACCESSING OF SUCH RECORDS IN AN ELECTRONIC FORMAT AND/OR
THROUGH USE OF AN INTERNET WEBSITE DESIGNATED BY THE SECRETARY OF STATE
FOR THE NEW YORK STATE DEPARTMENT OF STATE.
A. 653 4
2. EVERY PAWNBROKER SHALL CREATE AT THE TIME OF TRANSACTION AN ELEC-
TRONIC RECORD IN ENGLISH, IN A MANNER TO BE SPECIFIED BY THE SECRETARY
OF STATE BY RULE OR REGULATION, WHICH MAY INCLUDE THE USE OF AN INTERNET
WEBSITE DESIGNATED BY THE SECRETARY OF STATE, OF EVERY TRANSACTION IN
WHICH GOODS, ARTICLES OR THINGS, OR ANY PART THEREOF, ARE PAWNED,
PLEDGED OR REDEEMED IN THE COURSE OF BUSINESS OF SUCH PAWNBROKER. SUCH
ELECTRONIC RECORD SHALL BE RETAINED FOR A MINIMUM PERIOD OF SIX YEARS
FROM THE DATE OF THE TRANSACTION. SUCH ELECTRONIC RECORD MAY, IN THE
DISCRETION OF THE SECRETARY OF STATE AND IN FURTHERANCE OF THE PURPOSES
OF THIS ARTICLE AND ANY OTHER APPLICABLE LAW OR RULES REGULATING THE
ACTIVITIES OF PAWNBROKERS, INCLUDE BUT SHALL NOT BE LIMITED TO THE
FOLLOWING INFORMATION, PROVIDED IN A FORMAT OR IN ACCORDANCE WITH SPEC-
IFICATIONS AS PROVIDED BY RULE OR REGULATION OF THE SECRETARY OF STATE:
A. THE DATE, TIME, LOCATION AND TYPE OF TRANSACTION;
B. THE NAME OF THE INDIVIDUAL CONDUCTING THE TRANSACTION FOR THE PAWN-
BROKER;
C. IDENTIFYING INFORMATION REGARDING THE PLEDGOR, INCLUDING NAME,
ADDRESS, PHONE NUMBER, TYPE OF IDENTIFICATION UTILIZED, IDENTIFICATION
NUMBER, EXPIRATION DATE OF IDENTIFICATION, DATE OF BIRTH, SEX, HEIGHT,
WEIGHT, EYE COLOR, HAIR COLOR, RACE OR ETHNICITY, DISTINGUISHING MARKS,
DIGITAL PHOTOGRAPH OF OWNER, DIGITAL PHOTOGRAPH OR SCANNED COPY OF IDEN-
TIFICATION UTILIZED, AND WHETHER THE PLEDGOR IS THE OWNER, CONSIGNEE OR
AGENT OF THE OWNER;
D. AN ACCURATE DESCRIPTION OF EACH ARTICLE PAWNED OR PLEDGED, INCLUD-
ING TYPE OF ARTICLE, MANUFACTURER, MAKE, MODEL NUMBER, SERIAL NUMBER,
INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER, ELECTRONIC SERIAL NUMBER,
MOBILE EQUIPMENT IDENTIFIER, INSCRIPTIONS OR DISTINGUISHING MARKS, AND
ONE OR MORE DIGITAL PHOTOGRAPHS REASONABLY CAPTURING THE LIKENESS OF THE
ARTICLE;
E. THE PLEDGE NUMBER OF THE PAWN TICKET;
F. THE AMOUNT LOANED OR ADVANCED THEREON AND THE RATE OF INTEREST TO
BE PAID ON SUCH LOAN OR ADVANCE;
G. IDENTIFYING INFORMATION REGARDING THE PERSON REDEEMING THE ARTICLE
PAWNED OR PLEDGED, INCLUDING NAME, ADDRESS, PHONE NUMBER, TYPE OF IDEN-
TIFICATION UTILIZED, IDENTIFICATION NUMBER, EXPIRATION DATE OF IDENTIFI-
CATION, DATE OF BIRTH, SEX, HEIGHT, WEIGHT, EYE COLOR, HAIR COLOR, RACE
OR ETHNICITY, DISTINGUISHING MARKS, DIGITAL PHOTOGRAPH OF OWNER, AND
DIGITAL PHOTOGRAPH OR SCANNED COPY OF IDENTIFICATION UTILIZED; AND
H. AN ACCURATE DESCRIPTION OF EACH ARTICLE PURCHASED OR SOLD, INCLUD-
ING TYPE OF ARTICLE, MANUFACTURER, MAKE, MODEL NUMBER, SERIAL NUMBER,
INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER, ELECTRONIC SERIAL NUMBER,
MOBILE EQUIPMENT IDENTIFIER, INSCRIPTIONS OR DISTINGUISHING MARKS, AND
ONE OR MORE DIGITAL PHOTOGRAPHS REASONABLY CAPTURING THE LIKENESS OF THE
ARTICLE.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, SUCH
ELECTRONIC RECORD SHALL IN ANY EVENT CONTAIN THE INFORMATION SPECIFIED
IN SECTION FORTY-THREE OF THIS CHAPTER.
3. THE PAWNBROKER SHALL ACQUIRE AND MAINTAIN IN GOOD WORKING ORDER THE
ELECTRONIC EQUIPMENT NECESSARY TO CREATE AND MAINTAIN THE ELECTRONIC
RECORDS REQUIRED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO A COMPUT-
ER WITH INTERNET CONNECTION, AN ELECTRONIC SIGNATURE PAD AND A DIGITAL
CAMERA UTILIZING A FILE FORMAT DESIGNATED BY THE SECRETARY OF STATE.
4. THE ELECTRONIC RECORDS REQUIRED BY THIS SECTION SHALL BE OPEN TO
THE INSPECTION OF THE STATE ATTORNEY GENERAL, THE STATE COMPTROLLER, ANY
POLICE OFFICER, THE SECRETARY OF STATE, ANY DEPARTMENTAL INSPECTOR, ANY
JUDGE OF THE CRIMINAL COURT, ANY PERSON DULY AUTHORIZED IN WRITING FOR
A. 653 5
SUCH PURPOSES BY THE SECRETARY OF STATE OR BY ANY JUDGE OF THE CRIMINAL
COURT, WHO SHALL EXHIBIT SUCH WRITTEN AUTHORITY TO THE PAWNBROKER OR ANY
OTHER GOVERNMENTAL OFFICER OR EMPLOYEE AUTHORIZED BY STATE OR LOCAL LAW.
SUCH RECORDS SHALL ALSO BE OPEN TO THE INSPECTION OF ANY OFFICIAL OR
OTHER PERSON IDENTIFIED IN, OR DULY AUTHORIZED IN WRITING PURSUANT TO
SECTION FORTY-FIVE OF THIS CHAPTER OR ANY OTHER APPLICABLE STATE OR
LOCAL LAW.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR SUPERSEDE
ANY RECORDKEEPING REQUIREMENT IMPOSED BY OR PURSUANT TO ANY OTHER APPLI-
CABLE STATE OR LOCAL LAW.
6. IN ADDITION TO ANY OTHER APPLICABLE PENALTY OR SANCTION, ANY PERSON
WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION OR RULES PROMULGATED
THEREUNDER SHALL BE SUBJECT TO THE PENALTIES SET FORTH IN SECTION
FIFTY-SEVEN-C OF THIS ARTICLE.
§ 57-C. PENALTIES. 1. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ANY
PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR ANY REGULATION OR
RULE PROMULGATED UNDER IT SHALL, UPON CONVICTION THEREOF, BE PUNISHED
FOR EACH VIOLATION BY A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR
MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT NOT EXCEEDING FIFTEEN
DAYS, OR BOTH; AND ANY SUCH PERSON SHALL BE SUBJECT ALSO TO A CIVIL
PENALTY IN THE SUM OF ONE HUNDRED DOLLARS FOR EACH VIOLATION, TO BE
RECOVERED IN A CIVIL ACTION.
2. THE ATTORNEY GENERAL IS AUTHORIZED TO BRING AN INJUNCTION PROCEED-
ING TO RESTRAIN OR ENJOIN ANY VIOLATION OF THIS ARTICLE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.