NY State Senate Bill 2021-S5878

Senate Bill S5878

2021-2022 Legislative Session

Relates to recordkeeping requirements for second-hand dealers, scrap processors and pawnbrokers

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Mar 19, 2021	referred to consumer protection

2021-S5878 (ACTIVE) - Details

See Assembly Version of this Bill:: A653
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 5-B §§57 - 57-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7604
2015-2016: A662
2017-2018: A307
2019-2020: S2499, A454
2023-2024: S2204

2021-S5878 (ACTIVE) - Summary

Relates to recordkeeping requirements for second-hand dealers, scrap processors and pawnbrokers.

2021-S5878 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5878

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the general business law, in relation to the establish-
ment of an online system for inventorying the goods offered for sale at
pawnshops and secondhand goods shops in the State of New York to hasten
the return of stolen property.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new article 5-B to the General Business Law.

Section 57: Requires dealers of second-hand articles who deal in the
purchase or sale of precious metals, used electrical appliances, or

electronic equipment to make available the records required by the law
to the secretary of state.

Section 57-a: 57-a(I) and (2): Requires dealers of second-hand articles
who deal in the purchase or sale of precious metals, used electrical
appliances, or electronic equipment to electronically record the previ-
ously mentioned information as specified by the

Secretary of State by rule or regulation. The electronic record may
include the real-time sharing of records through use of an Internet
website designated by the secretary of state. The electronic record
shall be kept for at least six years from the date of purchase or sale.
The electronic record may include the date, time, location, and type of
transaction; name of the individual conducting the transaction for the
dealer; identifying information of the person offering the property
purchased by the dealer, including a digital photograph of owner and
digital photograph or scanned copy of identification used; identifying
information of the person purchasing property sold by the dealer; and an
accurate description of each article purchased or sold and one or more
digital photographs reasonably capturing the likeness of the article.

57-a(2): the dealer of second-hand articles who deals in the purchase or
sale of pawnbroker tickets shall also create an electronic record, for
which the Secretary of State shall also promulgate rules or regulations.
These records must be maintained for at least 6 years from the date or
purchase or sale. Additionally, the record must include the name and
address of the person who issued the ticket; the pledge number of the
pawn ticket; the name and address of the pledgor; the amount loaned or
advanced as it appears on the ticket; the sum paid or received for the
pawn ticket or for the redeemed article; a description of the article as
appears on the ticket, and pictures of the article;

57-a(3):The dealers also shall be required to keep and maintain in good
working order the electronic equipment necessary to create and maintain
the electronic records required by this section, including an internet
connection, electronic signature pad, and digital camera.


57-a(4): The books and records shall be open to inspection by a police
officer, Secretary of State, any departmental inspector or Judge, and
any person authorized by the Secretary of State or Judge.

57-a(5): Nothing in this section shall be construed to affect or super-
sede any recordkeeping requirement imposed by or pursuant to any other
applicable state or local law.

57-b: Every pawnbroker shall create an electronic record, to be kept for
at least 6 years, which shall include the date, time, and place of tran-
saction; the name of the individual conducting the transaction for the
pawnbroker; identifying information of the pledgor; an accurate
description of each article pawned or pledged; the pledge number of the
pawn ticket; the amount loaned and the rate of interest to be paid;
identifying information of the person redeeming the article; and a
description of the article purchased or sold.  The pawnbroker must keep
and maintain in good working order the electronic equipment needed to
create and maintain the records. The electronic records are open to
inspection by the state Attorney General, State Comptroller, any police
officer, departmental inspector, Secretary of State, Judge of the Crimi-
nal Court, or any person authorized by the Secretary of State or Judge.
Nothing in this section is intended to affect or supersede any other
recordkeeping requirement imposed by or pursuant to any other applicable
state or local law.

57-c: The penalty for a violation of this section or rules promulgated
thereunder are not less than $25.00 nor more than $500, or imprisonment
for 15 days or less, or both. Additionally, a civil penalty of $100 per
violation can be recovered in a civil action. The Attorney General is
authorized to bring an injunction proceeding to restrain or enjoin any
violation of this article.

Section 2. Provides for the effective date.

 
JUSTIFICATION:

Pawnbrokers and second-hand dealers in New York are licensed by munici-
palities, and their recordkeeping practices are monitored by local law
enforcement authorities. These local law enforcement officers must
routinely visit pawnshop and second-hand dealer locations to inspect the
log book containing a record of each transaction to ensure that they are
completed accurately and that they correctly reflect the property pres-
ent in the store.  In order to address the cumbersome nature of current
recordkeeping statewide, the State must encourage electronic recordkeep-
ing, such as with a web-based electronic data transfer service which
would serve as the repository of transaction records for pawnbrokers and
second-hand dealers. If enacted, this bill would require these types of
businesses to upload their transactions to such a website. Instead of
physically visiting the businesses to review and collect transaction
records, enforcement personnel are able to conduct a "virtual"
inspection by accessing the website and examining the entries. Enforce-
ment personnel continue to make physical inspections but the need to do
so is less frequent and is facilitated by the information that the
inspector or police officer has already reviewed. Transaction informa-
tion uploaded onto the online database includes serial numbers, photos,
and other information conclusively identifying the property, which is
capable of being cross-referenced against complaints of stolen property
as soon as the transaction is uploaded. The ability of the system to
conduct searches for stolen property items and to identify the purported
owner offering the property for sale or pawn has been successful in New
York City, resulting in hundreds of investigative leads that have led to
the recovery of the property and the arrest of the thieves.

The mandatory use of electronic recordkeeping for pawnbrokers and
second-hand dealers is growing, particularly among municipalities whose
resources are stretched to the limit. Cities including New York City,
Chicago, Philadelphia, Syracuse, and Rochester have all enacted local
laws.  This bill would greatly facilitate both administrative efficiency
and crime reduction, by providing a simple way to keep accurate trans-
action records. The results would be beneficial to those whose stolen
property is recovered.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: 5.2499 - Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
On the ninetieth day after it shall have become a law; provided, howev-
er, that the Secretary of the New York State Department of State shall
have the authority to promulgate any rules or regulations necessary for
its implementation, including the promulgation of any rules, or regu-
lations prior to such effective date.

2021-S5878 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5878
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 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:
 
   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
                              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  SUBDIVISIONS  ONE AND TWO 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03475-01-1

 S. 5878                             2
 
 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
 REGULATION, WHICH MAY INCLUDE THE REAL-TIME SHARING OR ACCESSING OF SUCH

 S. 5878                             3
 
 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.
   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

 S. 5878                             4

 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
 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

 S. 5878                             5
 
 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.

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