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S00280 Summary:

BILL NOS00280
 
SAME ASSAME AS A01178
 
SPONSORRHOADS
 
COSPNSRBORRELLO, OBERACKER
 
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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S00280 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           280
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  RHOADS,  BORRELLO,  OBERACKER  --  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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00440-01-5

        S. 280                              2
 
     1  vehicle  which  the seller provided information as required by paragraph
     2  (a) of subdivision two of this section.
     3    5.  A  purchaser  shall  keep  an  accurate  electronic record of each
     4  purchase of a catalytic converter made in the course of the  purchaser's
     5  business.    Such record shall be in English and shall include any addi-
     6  tional information required by this chapter.
     7    6. A purchaser shall preserve each record required pursuant to  subdi-
     8  vision  five  of this section until the fifth anniversary date that such
     9  record was made. Such records shall  be  available  for  inspection  not
    10  later than seventy-two hours after the date of purchase.
    11    7.  On  request, a purchaser shall permit representatives of any local
    12  police department or the state police to inspect all records required to
    13  be kept pursuant to this section.
    14    8. (a) No person shall sell to a private party, or to a dealer, a used
    15  or refurbished catalytic converter without providing the  purchaser  the
    16  information  and  documentation  required  by  subdivision  two  of this
    17  section.
    18    (b) No dealer shall purchase and/or offer for sale  in  the  state,  a
    19  used  or  refurbished  catalytic converter for which it does not possess
    20  the information required by subdivision two of this section.
    21    9. Any person, firm,  corporation  or  association  who  violates  the
    22  provisions  of  this  section shall be subject to a civil penalty of not
    23  more than five thousand dollars for each such violation.
    24    10. A violation of this section shall be a class A misdemeanor.
    25    § 2. This act shall take effect immediately.
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