NY State Senate Bill 2023-S8130

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2024	referred to consumer protection

2023-S8130 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§41, 43, 45 & 47, add Art 5-B §§57 - 57-c, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:: S6444

2023-S8130 (ACTIVE) - Summary

Provides for electronic recordkeeping requirements for second-hand dealers and pawnbrokers.

2023-S8130 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8130

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general business law, in relation to recordkeeping
requirements for second-hand dealers and pawnbrokers

 
PURPOSE::

Creates auditing authority and universal record keeping requirements for
pawn and second-hand dealer purchases in New York, effectively moderniz-
ing the businesses.

 
SUMMARY OF PROVISIONS::

Section 1 amends section 41 of the general business law, as amended by
chapter 669 of the laws of 2022, to allow second-hand dealers and pawn-
brokers to comply with the licensing requirements of section 41 via the
internet.

Section 2 amends section 43 of the general business law, as amended by

chapter 867 of the laws of 1986, to allow collateral loan brokers to
maintain an electronic record of transactions and related information
rather than written in a book.

Section 3 amends section 45 of the general business law, as amended by
chapter 321 of the laws of 1983, to allow for inspection of transactions
by public officials on electronic record, to limit the purpose of
inspection to compliance verification, and to limit the scope of
inspection to the last twenty items pledged except in cases of warrants,
subpoenas, or other lawful process.

Section 4 amends the second undesignated paragraph of section 47 of the
general 24 business law, as added by chapter 534 of the laws of 2007,
expands the compliance requirements for collateral loan brokers to state
law as well as local.

Section 5 amends the general business law to add a new article 5-B,
recordkeeping requirements for second-hand dealers and pawnbrokers.
Article 5-B establishes requirements for reporting to the Secretary of
State & maintenance of electronic records, and establishes penalties for
violations.

Section 6 states the effective date.

 
JUSTIFICATION::

Privacy rights extended to customers of pawnbrokers and second-hand
dealers parallel the privacy rights extended by Congress to traditional
banking customers in the Right to Financial Privacy Act of 1978 (RFPA).
With very limited exceptions, consumer banking transactions are subject
to privacy protections and governmental review is subject to issuance of
a warrant, subpoena or other lawful process.

Identifying information respecting individual items is the subject of
the centralized reporting system for second-hand transactions. At the
same time, while personal information respecting pledgors and sellers of
second-hand items is secured at the outset of each transaction, and the
information is retained by each shop for not less than six years, the
information is not subject to centralized reporting.

This legislation establishes central database within the Department of
State to assist with the search for misappropriated items and authorizes
periodic administrative inspections of pawnbrokers and second-hand deal-
ers aimed at ensuring that licensees are compliant with record keeping
and other statutory and regulatory requirementsstriking the right
balance wherein blanket search techniques are focused on items and not
people.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::

TBD.

 
EFFECTIVE DATE::

This act shall take effect on the one hundred eightieth 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

2023-S8130 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8130
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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:

   Section 1. Section 41 of the general business law, as amended by chap-
 ter 669 of the laws of 2022, is amended to read as follows:
   § 41. Licenses, how obtained; penalty for carrying on business without
 license. The mayor or such local licensing authority may  from  time  to
 time  grant,  under  his or her hand and the official seal of his or her
 office, to such citizens, or noncitizens lawfully admitted for permanent
 residence in the United States, as he or she shall deem proper  and  who
 shall  produce to him OR HER satisfactory evidence of their good charac-
 ter, a license authorizing such person to carry on  the  business  of  a
 collateral loan broker, which license shall designate the house in which
 such  person  shall  carry on said business, and no person, corporation,
 partnership or firm shall carry on the business  of  a  collateral  loan
 broker  without being duly licensed, nor in any other house than the one
 designated in said license, under a penalty of one hundred  dollars  for
 each  day he, she or they shall exercise or carry on said business with-
 out such license or at any other house than the one so  designated.    A
 COLLATERAL  LOAN  BROKER  MAY CONDUCT BUSINESS VIA THE INTERNET PROVIDED
 THE REQUIREMENTS OF THIS CHAPTER ARE  SATISFIED.  Any  person  receiving
 such  license shall pay therefor the sum of five hundred dollars for the
 use of the city yearly where such business is to be conducted in a  city
 with  a population of more than one million persons, and where the busi-
 ness is to be conducted elsewhere the fee for  such  license  shall  not
 exceed  two  hundred  fifty dollars yearly, and every such license shall
 expire one year from the date thereof, and may be renewed on application
 to the mayor or local licensing authority each and every year on payment
 of the same sum and upon performance  of  the  other  conditions  herein
 contained. Every person so licensed shall, at the time of receiving such
 license,  file with the mayor or such local licensing authority granting
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13663-01-3
 S. 8130                             2
 
 the same a bond to the local authorities, to be executed by  the  person
 so  licensed  and  by  two responsible sureties, in the penal sum of ten
 thousand dollars, to be  approved  by  such  mayor  or  local  licensing
 authority,  which bond shall be conditioned for the faithful performance
 of the duties and obligations pertaining to the  business  so  licensed,
 and  the  mayor  or such local licensing authority shall have full power
 and authority to revoke such license for cause.
   § 2. Section 43 of the general business law, as amended by chapter 867
 of the laws of 1986, is amended to read as follows:
   § 43. Certain entries to be made [in book]; ELECTRONIC RECORD.   Every
 such  collateral loan broker shall keep [a book in which shall be fairly
 written, at the time of such loan, an account  and  description  of  the
 goods,  articles or things pawned or pledged, the amount of money loaned
 thereon, the time of pledging the same, the rate of interest to be  paid
 on  such  loan, the name and residence of the person pawning or pledging
 the said goods, articles or things and a notation of whether the pledgor
 claims to be the owner, consignee or agent of the owner]  AN  ELECTRONIC
 RECORD PURSUANT TO THE PROVISIONS OF ARTICLE FIVE-B OF THIS CHAPTER.
   § 3. Section 45 of the general business law, as amended by chapter 321
 of the laws of 1983, is amended to read as follows:
   §  45.  [Book] RECORDS to be open to inspection. The said [book] ELEC-
 TRONIC RECORD and any and all other [books and] records  regularly  kept
 by  such collateral loan broker shall at all reasonable times be open to
 the inspection of the attorney general, the state comptroller, the mayor
 or local licensing authority, all judges of  the  criminal  courts,  the
 superintendent  of  police,  police  inspectors,  captains of police and
 police justices of such cities, or any or either  of  them,  or  of  any
 person  who  shall be duly authorized in writing for that purpose by any
 or either of them, and who shall exhibit such written authority to  such
 collateral  loan broker.  SUCH POWER OF INSPECTION SHALL BE EXERCISED BY
 THE AFOREMENTIONED AUTHORIZED PARTIES, OR THEIR AUTHORIZED  AGENTS,  FOR
 THE  SOLE  PURPOSE  OF  VERIFICATION  OF COMPLIANCE WITH STATE AND LOCAL
 STATUTORY AND REGULATORY REQUIREMENTS, INCLUSIVE OF THE COMPLETENESS AND
 ACCURACY OF THE LICENSEE'S RECORDS INCLUDING TIMELINESS OF ENTRY.   SAID
 VERIFICATION MAY INCLUDE AN EXAMINATION OF NOT MORE THAN THE LAST TWENTY
 ITEMS  PLEDGED  AND  MAY  INCLUDE  THE PHYSICAL EXAMINATION OF EACH SUCH
 PLEDGE AND THE CORRESPONDING RECORD, INCLUDING PHOTOGRAPHIC  RECORD,  IF
 ANY.  The  mayor or the licensing authority of any local governing body,
 the state comptroller, the attorney general and any person duly  author-
 ized  by  them  shall  have the power to administer oaths and to examine
 under oath any such collateral loan broker or any officer, or agent,  of
 such  collateral  loan  broker  and  any  other person having custody or
 control of such [books and] records. Such [books and] records  shall  be
 retained in the possession of the collateral loan broker, in good condi-
 tion  and  in  an  orderly  fashion for at least a period of six years.
 NOTHING HEREIN SHALL BE CONSTRUED TO IMPEDE THE USE OF WARRANTS, SUBPOE-
 NAS OR  OTHER  LAWFUL  PROCESS  RESPECTING  ITEMS  PLEDGED  AND  RECORDS
 PERTAINING  THERETO,  PROVIDED  THAT  SAID  WARRANTS, SUBPOENAS OR OTHER
 LAWFUL PROCESS ARE PREDICATED  UPON  REASONABLE  SUSPICION  OF  UNLAWFUL
 CONDUCT.
   §  4.  The  second undesignated paragraph of section 47 of the general
 business law, as added by chapter 534 of the laws of 2007, is amended to
 read as follows:
   A collateral loan broker engaged in the purchase or  sale  of  second-
 hand  articles,  other  than  pledges or pawn tickets, shall comply with
 STATE AND local laws or regulations  governing  dealers  in  second-hand
 S. 8130                             3
 
 articles.  A  collateral  loan broker engaged in the purchase of second-
 hand articles shall provide the seller a receipt setting forth the  item
 or  items  purchased and the purchase price for each item. Additionally,
 the  receipt shall include a notice advising the seller of the option to
 cancel the transaction within five business days or convert the sale  of
 jewelry,  watches,  precious stones, precious metals and coins to a loan
 within fourteen days of the sale in accordance with this section.
   § 5. The general business law is amended by adding a new  article  5-B
 to read as follows:
                                 ARTICLE 5-B
    RECORDKEEPING REQUIREMENTS FOR SECOND-HAND DEALERS AND PAWNBROKERS
 SECTION 57. REPORTS TO THE SECRETARY OF STATE.
         57-A. RECORD OF PURCHASES AND SALES.
         57-B. ELECTRONIC REPORTING TO THE SECRETARY OF STATE.
         57-C. PENALTIES.
   §  57.  REPORTS TO THE SECRETARY OF STATE. EVERY DEALER IN SECOND-HAND
 ARTICLES WHO DEALS IN THE PURCHASE OR SALE OF ANY  SECOND-HAND  MANUFAC-
 TURED  ARTICLE COMPRISED 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  MAKE
 AVAILABLE  TO  THE  SECRETARY  OF  STATE THE RECORDS REQUIRED TO BE KEPT
 PURSUANT TO PARAGRAPHS (A) AND (D) OF SUBDIVISION ONE OF SECTION  FIFTY-
 SEVEN-A  OF  THIS  ARTICLE WITH RESPECT TO SUCH TRANSACTIONS IN A MANNER
 SPECIFIED BY THE SECRETARY OF STATE FOR THE NEW YORK STATE DEPARTMENT OF
 STATE BY RULE 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.   SHARING,
 ACCESSING AND REPORTING PROVISIONS SET FORTH IN THIS SECTION  SHALL  NOT
 BE  REQUIRED  IN  THE ABSENCE OF A LOCAL LAW REQUIRING THE SAME. NOTHING
 HEREIN SHALL BE CONSTRUED TO IMPEDE THE USE OF  WARRANTS,  SUBPOENAS  OR
 OTHER  LAWFUL  PROCESS RESPECTING ITEMS PURCHASED AND RECORDS PERTAINING
 THERETO, PROVIDED THAT SAID WARRANTS, SUBPOENAS OR OTHER LAWFUL  PROCESS
 ARE  PREDICATED UPON REASONABLE SUSPICION OF UNLAWFUL CONDUCT.  A SECOND
 HAND DEALER MAY CONDUCT BUSINESS VIA THE INTERNET PROVIDED THE  REQUIRE-
 MENTS OF THIS CHAPTER ARE SATISFIED.
   § 57-A. RECORD OF PURCHASES AND SALES. 1.  EVERY DEALER IN SECOND-HAND
 ARTICLES WHO DEALS IN THE PURCHASE OF ANY SECOND-HAND MANUFACTURED ARTI-
 CLE  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  MOBILE  PHONES,  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
 BY  RULE OR REGULATION. SUCH ELECTRONIC RECORD MAY INCLUDE THE REAL-TIME
 SHARING OR ACCESSING OF THE INFORMATION SPECIFIED IN PARAGRAPHS (A)  AND
 (D) OF THIS SUBDIVISION IN AN ELECTRONIC FORMAT AND/OR THROUGH USE OF AN
 INTERNET  WEBSITE  DESIGNATED BY THE SECRETARY OF STATE. SUCH ELECTRONIC
 S. 8130                             4
 
 RECORD SHALL BE RETAINED FOR A MINIMUM PERIOD OF SIX YEARS FROM THE DATE
 OF PURCHASE. SUCH ELECTRONIC RECORD SHALL 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
 DEALER;
   (C) IDENTIFYING INFORMATION REGARDING  THE  PERSON  OFFERING  PROPERTY
 PURCHASED  BY THE DEALER, INCLUDING NAME, ADDRESS, PHONE NUMBER, TYPE OF
 IDENTIFICATION UTILIZED, IDENTIFICATION NUMBER, EXPIRATION DATE OF IDEN-
 TIFICATION, DATE OF BIRTH, SEX, RACE OR ETHNICITY, DISTINGUISHING MARKS,
 AND A DIGITAL PHOTOGRAPH OR SCANNED COPY OF IDENTIFICATION UTILIZED  AND
 A SIGNATURE;
   (D)  AN ACCURATE DESCRIPTION OF EACH ARTICLE PURCHASED, INCLUDING TYPE
 OF ARTICLE, MANUFACTURER, MAKE, MODEL NUMBER,  SERIAL  NUMBER,  INTERNA-
 TIONAL  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 ARTI-
 CLE, PROVIDED HOWEVER THAT NO PHOTOGRAPHS SHALL BE REQUIRED FOR FUNGIBLE
 ITEMS.
   2. A DEALER IN SECOND-HAND  ARTICLES  SUBJECT  TO  THE  PROVISIONS  OF
 SUBDIVISION ONE OF THIS SECTION SHALL ACQUIRE AND MAINTAIN IN GOOD WORK-
 ING  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.
   3.  THE  RECORDS  REQUIRED  BY  THIS  SECTION,  SHALL  BE  OPEN TO THE
 INSPECTION OF ANY POLICE OFFICER, THE SECRETARY OF STATE OR ANY  DEPART-
 MENTAL  INSPECTOR,  ANY  JUDGE  OF  A CRIMINAL COURT, OR ANY PERSON DULY
 AUTHORIZED IN WRITING FOR SUCH PURPOSES BY THE SECRETARY OF STATE OR  BY
 ANY  JUDGE OF A 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.  SUCH POWER OF
 INSPECTION SHALL BE EXERCISED BY THE AFOREMENTIONED AUTHORIZED  PARTIES,
 OR  THEIR  AUTHORIZED  AGENTS,  FOR  THE SOLE PURPOSE OF VERIFICATION OF
 COMPLIANCE WITH STATE AND LOCAL STATUTORY AND  REGULATORY  REQUIREMENTS,
 INCLUSIVE  OF  THE  COMPLETENESS  AND ACCURACY OF THE LICENSEE'S RECORDS
 INCLUDING TIMELINESS OF ENTRY.  SAID VERIFICATION MAY INCLUDE  AN  EXAM-
 INATION OF NOT MORE THAN THE LAST TWENTY ITEMS PURCHASED AND MAY INCLUDE
 THE  PHYSICAL EXAMINATION OF EACH SUCH ITEM AND THE CORRESPONDING RECORD
 INCLUDING PHOTOGRAPHIC RECORD. SUCH RECORDS SHALL  BE  RETAINED  IN  THE
 POSSESSION OF THE SECOND-HAND DEALER, IN GOOD CONDITION AND IN AN ORDER-
 LY FASHION FOR AT LEAST A PERIOD OF SIX YEARS.   NOTHING HEREIN SHALL BE
 CONSTRUED TO IMPEDE THE USE OF WARRANTS, SUBPOENAS OR OTHER LAWFUL PROC-
 ESS  RESPECTING ITEMS PURCHASED AND RECORDS PERTAINING THERETO, PROVIDED
 THAT SAID WARRANTS, SUBPOENAS OR OTHER  LAWFUL  PROCESS  ARE  PREDICATED
 UPON REASONABLE SUSPICION OF UNLAWFUL CONDUCT.
   4.  NOTWITHSTANDING  ANY  LOCAL LAW AND ORDINANCES TO THE CONTRARY AND
 EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,  OTHER  STATE  OR  FEDERAL
 LAW,  SECOND-HAND  DEALERS  SHALL NOT BE REQUIRED TO COPY, CREATE, MAIN-
 TAIN, TRANSMIT OR   MAKE AVAILABLE,  ELECTRONICALLY  OR  OTHERWISE,  ANY
 RECORDS OF PURCHASES OR SALE TRANSACTIONS.
   § 57-B. ELECTRONIC REPORTING TO THE SECRETARY OF STATE. 1. EVERY PAWN-
 BROKER,  SHALL  MAKE  AVAILABLE  TO  THE  SECRETARY OF STATE THE RECORDS
 S. 8130                             5
 
 REQUIRED TO BE KEPT PURSUANT TO PARAGRAPHS (A), (D)  AND (E) OF SUBDIVI-
 SION 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.
   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.  SHAR-
 ING,  ACCESSING  AND  REPORTING PROVISIONS SPECIFIED HEREIN SHALL NOT BE
 REQUIRED IN THE ABSENCE OF A LOCAL LAW REQUIRING THE SAME.  IN NO  EVENT
 SHALL INFORMATION BE SUBJECT TO  SHARING, ACCESSING OR REPORTING EXCEPT-
 ING  INFORMATION REQUIRED TO BE REPORTED PURSUANT TO PARAGRAPHS (A), (D)
 AND (E) OF THIS SUBDIVISION. SUCH ELECTRONIC RECORD  SHALL  BE  RETAINED
 FOR A MINIMUM PERIOD OF SIX YEARS FROM THE DATE OF THE TRANSACTION. SUCH
 ELECTRONIC  RECORD  SHALL  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
 PAWNBROKER;
   (C)  IDENTIFYING  INFORMATION  REGARDING  THE PLEDGOR, INCLUDING NAME,
 ADDRESS, PHONE NUMBER, TYPE OF IDENTIFICATION  UTILIZED,  IDENTIFICATION
 NUMBER,  EXPIRATION  DATE OF IDENTIFICATION, A SIGNATURE, DATE OF BIRTH,
 SEX, HEIGHT, WEIGHT, EYE COLOR, HAIR COLOR, RACE OR  ETHNICITY,  DISTIN-
 GUISHING  MARKS,  DIGITAL  PHOTOGRAPH  OR SCANNED COPY OF IDENTIFICATION
 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, PROVIDED HOWEVER THAT NO  PHOTOGRAPHS  SHALL  BE  REQUIRED  FOR
 FUNGIBLE ITEMS;
   (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.
   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
 INSPECTION PURSUANT TO SECTION FORTY-FIVE OF THIS CHAPTER.
   5. NOTWITHSTANDING ANY LOCAL LAW AND ORDINANCES TO  THE  CONTRARY  AND
 EXCEPT  AS PROVIDED IN THIS CHAPTER, OTHER STATE OR FEDERAL LAW, COLLAT-
 ERAL LOAN BROKERS SHALL NOT BE REQUIRED TO COPY, CREATE, MAINTAIN, TRAN-
 SMIT OR MAKE AVAILABLE, ELECTRONICALLY  OR  OTHERWISE,  ANY  RECORDS  OF
 PLEDGES, PURCHASES, FORECLOSURES OR SALE TRANSACTIONS.
   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.
 S. 8130                             6
 
   §   57-C.   PENALTIES.   1. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED,
 ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR ANY  REGULATION
 OR  RULE    PROMULGATED    THEREUNDER 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of  any  rule  or regulation necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and  completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S8130

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2023-S8130 (ACTIVE) - Details

2023-S8130 (ACTIVE) - Summary

2023-S8130 (ACTIVE) - Sponsor Memo

2023-S8130 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2023-S8130

Senate Bill S8130

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2023-S8130 (ACTIVE) - Details

2023-S8130 (ACTIVE) - Summary

2023-S8130 (ACTIVE) - Sponsor Memo

2023-S8130 (ACTIVE) - Bill Text download pdf

Comments