S T A T E   O F   N E W   Y O R K
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                                  7604

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

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

AN ACT to amend the general business law, in relation  to  recordkeeping
  requirements for second-hand dealers, scrap processors and pawnbrokers

  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 article
5-B to read as follows:
                               ARTICLE 5-B
        RECORDKEEPING REQUIREMENTS FOR SECOND-HAND DEALERS, SCRAP
                       PROCESSORS 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.
  S 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, OR IS A
SCRAP PROCESSOR AS DEFINED IN  SECTION  SIXTY-NINE-E  OF  THIS  CHAPTER,
SHALL  MAKE  AVAILABLE TO THE SECRETARY OF STATE THE RECORDS REQUIRED TO
BE  KEPT  PURSUANT  TO  SUBDIVISIONS  ONE,  TWO  AND  THREE  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10062-08-3
              

A. 7604                             2

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.
  S 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;
  E. AN ACCURATE DESCRIPTION OF EACH ARTICLE PURCHASED OR SOLD,  INCLUD-
ING  TYPE OF ARTICLE, QUANTITY OR WEIGHT OF ARTICLE IF CONSISTS OF SCRAP
METAL, 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;
AND
  F. IN THE CASE OF A SALE OR OTHER DISPOSAL OF A MOTOR VEHICLE,  MOTOR-
CYCLE  OR  MOTOR  THEREOF,  THE DEALER IN SECOND-HAND ARTICLES SHALL, IN
ADDITION TO ANY OTHER ENTRY REQUIRED, ENTER IN A  PERMANENT  RECORD  THE
VEHICLE  IDENTIFICATION  NUMBER  OF  SAID  MOTOR  VEHICLE, MOTORCYCLE OR
MOTOR, THE MANNER IN WHICH SAID MOTOR VEHICLE, MOTORCYCLE OR  MOTOR  WAS
REMOVED FROM THE PREMISES, GIVING THE NAME, ADDRESS AND DATE OF BIRTH OF
THE  PERSON  WHO  REMOVES IT, THE DRIVER'S LICENSE NUMBER OF SUCH PERSON
AND STATE OF ISSUANCE IF SUCH PERSON POSSESSED A DRIVER'S  LICENSE,  THE

A. 7604                             3

MOTOR  VEHICLE REGISTRATION NUMBER OF ANY VEHICLE USED TO TOW, REMOVE OR
TRANSPORT SUCH MOTOR VEHICLE, MOTORCYCLE OR MOTOR, AND  THE  DESTINATION
TO WHICH THE MOTOR VEHICLE, MOTORCYCLE OR MOTOR IS BEING REMOVED.
  2. EVERY SCRAP PROCESSOR WHO OPERATES OR MAINTAINS A SCRAP METAL PROC-
ESSING  FACILITY,  AS  DEFINED  IN SECTION SIXTY-NINE-E OF THIS CHAPTER,
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 SUCH RECORDS IN AN ELECTRONIC FORMAT AND/OR THROUGH USE
OF AN INTERNET WEBSITE DESIGNATED BY THE SECRETARY OF STATE.  SUCH ELEC-
TRONIC RECORD SHALL BE RETAINED FOR A MINIMUM PERIOD OF THREE 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  REGULATING  THE
ACTIVITIES OF DEALERS IN SECOND-HAND ARTICLES WHO ARE SUCH SCRAP PROCES-
SORS,  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  FOR  THE  NEW  YORK  STATE
DEPARTMENT OF STATE:
  A. EACH PURCHASE OF ANY PIG OR PIGS OF METAL, BRONZE OR BRASS CASTINGS
OR  PARTS  THEREOF,  SPRUES  OR  GATES OR PARTS THEREOF, UTILITY WIRE OR
BRASS CAR JOURNALS, OR OF METAL BEER KEGS;
  B. EACH PURCHASE OF IRON, STEEL AND/OR NON-FERROUS SCRAP FOR  A  PRICE
OF FIFTY DOLLARS OR MORE;
  C.  AN  ACCURATE  DESCRIPTION  OF EACH ARTICLE PURCHASED, PROCESSED OR
SHIPPED, INCLUDING THE TYPE OF ARTICLE AND  QUANTITY  OF  EACH  TYPE  OF
ARTICLE  AND  THE  VEHICLE  IDENTIFICATION  NUMBER OF A MOTOR VEHICLE OR
MOTOR VEHICLE PART, IF APPLICABLE;
  D. THE DATE OF SUCH PURCHASE;
  E. THE NAME OF THE SELLER;
  F. THE RESIDENCE OF THE SELLER BY STREET,  NUMBER,  CITY,  VILLAGE  OR
TOWN;
  G. THE DRIVER'S LICENSE NUMBER OR INFORMATION FROM A GOVERNMENT ISSUED
PHOTOGRAPHIC  IDENTIFICATION  CARD,  IF  ANY, OF SUCH PERSON, OR BY SUCH
DESCRIPTION AS WILL REASONABLY LOCATE THE SELLER;
  H. A COPY OF THE GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION  CARD
USED  TO VERIFY THE IDENTITY OF THE PERSON FROM WHOM THE SCRAP METAL WAS
PURCHASED, WHICH COPY SHALL BE RETAINED, NOTWITHSTANDING ANY  INCONSIST-
ENT  PROVISION  OF THIS SECTION, FOR AT LEAST TWO YEARS FROM THE DATE OF
PURCHASE; AND
  I. A RECORDED SIGNATURE OF THE SELLER OR HIS OR HER AGENT.
  NOTWITHSTANDING ANY INCONSISTENT  PROVISION,  SUCH  ELECTRONIC  RECORD
SHALL  IN  ANY  EVENT  CONTAIN  THE  INFORMATION  SPECIFIED  IN  SECTION
SIXTY-NINE-G OF THIS CHAPTER.
  3. 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
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

A. 7604                             4

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.
  4. A DEALER IN SECOND-HAND ARTICLES SUBJECT TO THE PROVISIONS OF  THIS
SUBDIVISION  AND  SUBDIVISIONS ONE AND TWO OF THIS SECTION 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 COMPUTER WITH INTERNET CONNECTION, AN
ELECTRONIC SIGNATURE PAD AND A DIGITAL CAMERA UTILIZING  A  FILE  FORMAT
DESIGNATED BY THE SECRETARY OF STATE;
  5. THE BOOKS AND RECORDS REQUIRED BY THIS SECTION, INCLUDING ANY ELEC-
TRONIC RECORDS REQUIRED BY THIS SUBDIVISION AND SUBDIVISIONS ONE AND TWO
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;
  6. 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.
  S 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.
  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,

A. 7604                             5

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
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

A. 7604                             6

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.
  S 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.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the secretary of state  shall
take  such  measures  as are necessary for its implementation, including
the promulgation of any rules, or regulations prior  to  such  effective
date.