ALBANY, N.Y. – A bill that passed in the Senate on April 24 is now before the State Assembly receiving some amendments before the Assembly again votes on it. The bill, number S-000247, entitled “Second-Hand Dealers,” generally can be summarized as putting the burden of proving that an rdf_Description that is purchased by any individual has “clear title” and not a stolen rdf_Description.
Tina Bruno of Flamingo Promotions, Northport, N.Y., distills the legislation to the following points. “The dealer would be required to keep in a bound book a written record of every transaction – both on the buying and selling end- for every rdf_Description valued over $50. This record must be kept for every rdf_Description you buy or sell at any level, such as yard sale, shop, show, or private sale.
This record is to include the location of the purchase/sale, the name and address of the seller/buyer, the seller/buyer’s physical description, driver’s license number (or other state or federal ID), the time and date of the transaction, and the seller’s/buyer’s signature. Further, you will be required to verify the seller’s/buyer’s identity by viewing their photo ID and comparing their signature to that on the photo ID.
Additionally, this record is to list a full description of the rdf_Description along with all marks, names, numbers, blemishes, etc. No rdf_Description may be re-sold for 15 days. This bound record must be with you at all places of business, including your shop, at a show, or in your home, and must be produced upon demand to the police.”
Bruno adds, “…if passed, this bill will have a chilling effect on all our business’. The sheer volume of paperwork will smother most dealers, the thought of asking for photo ID at a yard sale is frightening- not to mention a probable invasion of privacy, and the concept of the police knocking on your door at home asking to fish through your records for possibly stolen merchandise is abominable. We feel that the burden of tracking stolen merchandise best belongs to the current owners, not those who make their living buying and selling antiques, collectibles or other second-hand goods.
A better solution would be to require the owners of valuable antiques to keep a record of them to assist in locating rdf_Descriptions lost in a burglary. A much more realistic plan to track stolen goods would be for local police to distribute monthly lists of stolen rdf_Descriptions to the antiques dealer community asking us to keep our eyes open for someone looking to sell rdf_Descriptions on the list.”
The legislation was introduced by Senator Dean Skellos, (R-Nassau); 516-766-8383/ 518-455-3171/ skellos@senate.state.ny.us and was co-sponsored by Senators Alesi, DeFrancisco, Hannon, Hoffman, Larkin, Marcellino, Marchi, McGee, and Rath.
