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A01178 Summary:

BILL NOA01178
 
SAME ASSAME AS S00280
 
SPONSORRa
 
COSPNSR
 
MLTSPNSR
 
Add §392-k, Gen Bus L
 
Requires sellers of catalytic converters to provide certain information to potential buyers; requires buyers to maintain records of such purchases; makes any violations a class A misdemeanor; imposes a fine of up to $5,000.
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A01178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1178
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by M. of A. RA -- read once and referred to the Committee on
          Consumer Affairs and Protection
 
        AN ACT to amend  the  general  business  law,  in  relation  to  certain
          requirements regarding catalytic converter transactions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    § 392-k. Requirements regarding purchases of catalytic converters.  1.
     4  For  purposes  of  this  section,  "catalytic  converter"  shall mean an
     5  exhaust emission control device  which  modifies  exhaust  gas  from  an
     6  internal combustion engine by catalyzing a redox reaction.
     7    2.  In  addition  to  any  requirements of this chapter, an individual
     8  attempting to sell a catalytic converter to a purchaser shall provide to
     9  such purchaser the following information:
    10    (a) the year, make, model and vehicle identification  number  for  the
    11  vehicle from which the catalytic converter was removed; and
    12    (b) a copy of the certificate of title or other documentation indicat-
    13  ing  that  the seller has an ownership interest in the vehicle described
    14  in paragraph (a) of this subdivision, or where the seller is  the  owner
    15  of  a  garage  or repair shop and the catalytic converter was removed in
    16  connection with a motor vehicle repair, the  name  and  address  of  the
    17  vehicle's owner and copies of all related invoices.
    18    3.  A purchaser shall not purchase a catalytic converter from a seller
    19  who does not comply with the requirements of  subdivision  two  of  this
    20  section.
    21    4.  A  purchaser  shall not purchase a catalytic converter unless such
    22  purchaser determines that such catalytic converter  is  consistent  with
    23  the  manufacturer's  specifications  for  a catalytic converter from the
    24  vehicle which the seller provided information as required  by  paragraph
    25  (a) of subdivision two of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00440-01-5

        A. 1178                             2
 
     1    5.  A  purchaser  shall  keep  an  accurate  electronic record of each
     2  purchase of a catalytic converter made in the course of the  purchaser's
     3  business.    Such record shall be in English and shall include any addi-
     4  tional information required by this chapter.
     5    6.  A purchaser shall preserve each record required pursuant to subdi-
     6  vision five of this section until the fifth anniversary date  that  such
     7  record  was  made.  Such  records  shall be available for inspection not
     8  later than seventy-two hours after the date of purchase.
     9    7. On request, a purchaser shall permit representatives of  any  local
    10  police department or the state police to inspect all records required to
    11  be kept pursuant to this section.
    12    8. (a) No person shall sell to a private party, or to a dealer, a used
    13  or  refurbished  catalytic converter without providing the purchaser the
    14  information and  documentation  required  by  subdivision  two  of  this
    15  section.
    16    (b)  No  dealer  shall  purchase and/or offer for sale in the state, a
    17  used or refurbished catalytic converter for which it  does  not  possess
    18  the information required by subdivision two of this section.
    19    9.  Any person, firm,  corporation  or  association  who  violates the
    20  provisions  of  this  section shall be subject to a civil penalty of not
    21  more than five thousand dollars for each such violation.
    22    10. A violation of this section shall be a class A misdemeanor.
    23    § 2. This act shall take effect immediately.
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