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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Local Law 149 of 2013 amended Sections 20-267, 20-273, and 20-277 of the New York City Administrative Code to require electronic recordkeeping by pawnbrokers and by certain second-hand dealers, specifically those dealing in electronics, jewelry, and pawn tickets.  Section four of Local Law 149 of 2013 authorizes the Commissioner of the Department of Consumer Affairs (DCA) and the Commissioner of the New York City Police Department (NYPD) to promulgate rules necessary to carry out the provisions of this new Local Law.

 

Pawnbrokers and second-hand dealers in New York City are licensed by DCA and their record-keeping practices are monitored by both DCA and the NYPD.  It is vitally important to ensure that accurate and complete records are maintained by these businesses, which may unwittingly be used as the repository of stolen property.  DCA inspectors and NYPD officers must routinely visit these locations to inspect what is informally called the “Police Book,” i.e., the log book containing a record of each transaction on tear-off sheets, to ensure that they are completed accurately and that they correctly reflect the property present in the store.

 

By requiring accurate and detailed electronic recordkeeping for pawnbrokers and certain second-hand dealers, implementation of Local Law 149 of 2013 will both improve administrative efficiency and deter property crime by discouraging the disposal of stolen property.

 

The rule is adopted by the Police Commissioner to implement the provisions of Local Law 149 of 2013.  The rule:

 

·    Identifies the businesses which are subject to electronic recordkeeping;

·    Directs the manner, format, and timeliness with which electronic records are to be created, maintained and uploaded;

·    Notifies businesses subject to electronic recordkeeping about the types of information that must be included when describing certain items in their electronic records; and

·    Specifies the equipment necessary to create, maintain and upload the electronic records as well as the length of time electronic records must be retained.

 

 

Effective Date: 
Fri, 07/18/2014

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Tuesday, May 13, 2014
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule

Local Law 149 of 2013 amended Sections 20-267, 20-273, and 20-277 of the New York City Administrative Code, to require electronic recordkeeping by pawnbrokers and by certain second-hand dealers, specifically those dealing in electronics, jewelry, and pawn tickets.  Section four of Local Law 149 of 2013 authorizes the Commissioner of the Department of Consumer Affairs (DCA) and the Commissioner of the New York City Police Department (NYPD) to promulgate rules necessary to carry out the provisions of this new law.

Pawnbrokers and second-hand dealers in New York City are licensed by DCA and their record-keeping practices are monitored by both DCA and the NYPD.  It is vitally important to ensure that accurate and complete records are maintained by these businesses, which may unwittingly be used as the repository of stolen property.  DCA inspectors and NYPD officers must routinely visit these locations to inspect what is informally called the “Police Book,” i.e., the log book containing a record of each transaction on tear-off sheets, to ensure that they are completed accurately and that they correctly reflect the property present in the store.

By requiring accurate and detailed electronic recordkeeping for pawnbrokers and certain second-hand dealers, implementation of Local Law 149 of 2013 will both improve administrative efficiency and deter property crime by discouraging the disposal of stolen property.

The following rule is proposed by the Police Commissioner to implement the provisions of Local Law 149 of 2013.  The rule would:

  • Identify the businesses which are subject to electronic recordkeeping;
  • Direct the manner, format, and timeliness with which electronic records are created, maintained and uploaded;
  • Notify businesses subject to electronic recordkeeping about the types of information that must be included when describing certain items in their electronic records; and
  • Specify the equipment necessary to create, maintain and upload the electronic records as well as the length of time electronic records must be retained.

The Police Department’s authority for this rule is found in Section 435 of the City Charter and Sections 20-273 and 20-277 of the New York City Administrative Code.

 

Subject: 

Recordkeeping for Pawnbrokers and Certain Second-Hand Dealers

Location: 
Police Department's Auditorium
1 Police Plaza First Floor
New York, NY 10038
Contact: 

Susan Petito
Assistant Commissioner, Intergovernmental Affairs
New York City Police Department
One Police Plaza, Room 1406A
New York, New York 10038
(646) 610-5336

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Section 20-104 (a) of the Administrative Code gives the Commissioner jurisdiction and controlover all licenses issued under Chapter 2 of Title 20 of the Administrative Code. Section 20-104 grants the Commissioner the power to set forth rules necessary to carry out his or her powersand duties and to require licensees to keep such records as the Commissioner may determine arenecessary or useful to carrying out the purpose of Chapter 2.

 

Background

 

In New York City, licensed tow companies may tow vehicles without the prior consent orauthorization of the owner of the vehicle under the Directed Accident Towing Program(“DARP”) for removing from public streets vehicles that have been involved in an accident and cannot safely be driven under their own power; the Rotation Tow Program (“ROTOW”) for stolen or abandoned vehicles; the Arterial Towing Program for towing disabled vehicles from limited access roadways; and tows for the removal of vehicles improperly parked on private property pursuant to section 19-169.1 of the Administrative Code. This rule amends and adds tothe recordkeeping requirements of licensed towing business that perform such tows.

 

Proposed Rule

 

Sections 1 and 2 of this rule amend sections 2-371(u) and 2-372(o) of Title 6 of the Rules of theCity of New York to require that towing businesses that provide towing services under DARPand ROTOW, respectively, record whether the vehicle owner paid the charges for towing and service by credit card. Section 20-520.1 of the Administrative Code requires towing companies participating in the DARP and ROTOW programs to accept at least two major credit cards for payment of the services. The Department receives frequent complaints that tow companies refuse to accept payment by credit card. Requiring DARP and ROTOW participants to maintain electronic records of credit card transactions will enable the Department to ensure licensees’compliance with Section 20-520.1.

 

Section 20-516 of the Administrative Code, as enacted by section 7 of Local Law Number 41 of2011, provides that tow licensees must maintain records prescribed by the Commissioner in electronic format. Sections 2-371(u) and 2-372(o) of Title 6 have required DARP and ROTOW participants to make a record of their tows in a bound record book. Sections 1 and 2 of the Ruleamend those provisions by giving DARP and ROTOW participants the option to continue to make the original record in a bound record book or to make the original record in electronic format.

 

Section 3 of this rule adds a new section 2-378 to Title 6 of the Rules of the City of New York to describe how individuals or entities licensed to engage in towing must maintain electronic records of tows. The rule does not require licensees to maintain electronic records of consensual tows performed pursuant to an agreement between a vehicle owner and a licensee that is permitted by law.

 

Section 3 requires licensees to do the following:

 

·         The licensees must make electronic records containing the information that is required to be maintained by the Rules governing the DARP and ROTOW programs. This electronic record can be made either by:

o   Scanning the record books to a digital image if the licensee chooses to make the original record in a bound record book, or

o   Entering the information into a spreadsheet provided by the Department or software application that is consistent with the spreadsheet.

·         Licensees must make electronic copies of every authorization to tow, towing invoice,receipt for towing service, credit card record, proof of ownership and authorization to extend storage that they are required to maintain under relevant statutes and rules. The electronic availability of records that licensees are already required to maintain will enable the Department to review those records more efficiently.

·         The electronic records for each tow must be maintained in an electronic folder labeled with the date the towing service is performed. The folders must be maintained inchronological order. These requirements will ensure that all licensees maintain electronic records in a standard way that the Department may efficiently review.

·         In order to preserve the integrity of the electronic records and ensure that they remain accessible to the Department, a licensee is required to convert or scan every digital record required by this rule to write-once media, and to make a duplicate copy of the write-once media, which must be preserved off-site. These scans and copies must be made at leastonce a week.

 

 

Effective Date: 
Thu, 08/02/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

 

Section 20-104 (a) of the New York City Administrative Code gives the Commissioner control of all licenses issued under chapter two of Title 6 of the Rules of the City of New York.

 

Since most licensed home improvement contractors are also licensed salespeople, the Department of Consumer Affairs (DCA) is promulgating a rule that simplifies compliance for those working in the home improvement industry who hold both licenses. The rule will accomplish this by setting a single expiration date for both licenses. Specifically, this Rule amends Section 1-02 of Title 6 to change the expiration dates of Home Improvement Salesperson and Home Improvement Contractor licenses to February 28 of odd years, making both license expiration dates concurrent.. This rule change will also simplify administration of these licenses by DCA.

 

 

Effective Date: 
Mon, 04/15/2013