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S07902 Summary:

BILL NOS07902
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSR
 
MLTSPNSR
 
Add Art 11-D §§199-q - 199-q-3, Gen Bus L; amd §§398-d & 415-a, V & T L
 
Establishes requirements for the sale, installation, or use of used automotive parts.
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S07902 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7902
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 13, 2025
                                       ___________
 
        Introduced  by  Sen. JACKSON -- 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 and  the  vehicle  and  traffic
          law, in relation to used automotive parts
 
          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 article
     2  11-D to read as follows:
     3                                 ARTICLE 11-D
     4                            USED AUTOMOTIVE PARTS
     5  Section 199-q.   Definitions.
     6          199-q-1. Used automotive parts.
     7          199-q-2. Private sales.
     8          199-q-3. Exemptions.
     9    § 199-q. Definitions. As used in this  article,  the  following  terms
    10  shall have the following meanings:
    11    1.  "Motor  vehicle  repair  shop" shall have the same meaning as such
    12  term is defined in section three hundred ninety-eight-b of  the  vehicle
    13  and traffic law.
    14    2.  "Vehicle  dismantler"  shall have the same meaning as such term is
    15  defined in section four hundred fifteen-a of  the  vehicle  and  traffic
    16  law.
    17    3.  "Used  automotive  part" shall mean a part of a motor vehicle that
    18  was previously installed on a motor vehicle and then removed.
    19    § 199-q-1. Used automotive parts. 1. Any person, business,  or  entity
    20  engaged  in  the  sale,  installation,  or use of used automotive parts,
    21  including but not limited to motor  vehicle  repair  shops  and  vehicle
    22  dismantlers,  shall  maintain  for  no  less  than  two  years and, upon
    23  request, make available for inspection by regulatory or law  enforcement
    24  agencies:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11841-02-5

        S. 7902                             2
 
     1    (a)  Verifiable  documentation  proving the lawful acquisition of such
     2  parts;
     3    (b)  A  record of transactions, including seller information, purchase
     4  invoices, and serial or identifying numbers where applicable; and
     5    (c) Proof that reasonable due diligence was conducted  to  verify  the
     6  legitimacy  of  the  parts  prior  to  resale,  installation,  or use in
     7  repairs.
     8    2. A person, business, or entity covered by the provisions of subdivi-
     9  sion one of this section that fails to provide sufficient  documentation
    10  to  verify  the lawful origin of used automotive parts shall be presumed
    11  to have knowingly engaged in the possession,  sale,  or  use  of  stolen
    12  property.
    13    3.  Failure  to  comply  with  the provisions of this section shall be
    14  subject to the following penalties:
    15    (a) A person who violates the provisions  of  this  section  shall  be
    16  guilty  of  a  misdemeanor  and, upon conviction, shall be punishable by
    17  imprisonment of not more than one year, or by a fine of  not  more  than
    18  one thousand dollars or by both such fine and imprisonment.
    19    (b)  A  business or entity who violates the provisions of this section
    20  shall be subject to a fine of not more than five thousand dollars and  a
    21  suspension of any applicable licenses.
    22    4.  The  attorney  general  shall  oversee  compliance  and  prosecute
    23  violations of this section.
    24    § 199-q-2. Private sales. 1. Any individual who is not covered by  the
    25  provisions  of section one hundred ninety-nine-p-one of this article who
    26  sells a used automotive part shall provide:
    27    (a) if a resident of the state, their driver's license number and date
    28  of birth; or
    29    (b) if not a resident of the state, a copy of their  current  driver's
    30  license and a valid phone number.
    31    2. A purchaser of a used automotive part pursuant to the provisions of
    32  this  section  shall  maintain  for  no  less  than  two years and, upon
    33  request, make available for inspection by regulatory or law  enforcement
    34  agencies  the information provided by a seller of a used automotive part
    35  pursuant to subdivision one of this section.
    36    3. A person, business, or entity found  to  be  in  violation  of  the
    37  provisions  of  this  section  shall  be subject to a fine of up to five
    38  thousand dollars per transaction.
    39    4. The attorney general shall oversee compliance and  enforcement  for
    40  transactions covered by the provisions of this section.
    41    § 199-q-3. Exemptions.  A  franchised motor vehicle dealer, as defined
    42  in section four hundred sixty-two of the vehicle and traffic law,  shall
    43  be  exempt  from  the  provisions of this article as it relates to motor
    44  vehicles sold under the brands they are franchised to represent.
    45    § 2. Section 398-d of the vehicle and traffic law is amended by adding
    46  a new subdivision 3-a to read as follows:
    47    3-a. The  records  required  to  be  maintained  pursuant  to  article
    48  eleven-C  of  the general business law shall be included in the require-
    49  ments of subdivision three of this section. Every motor  vehicle  repair
    50  shop  shall  provide their registration number when engaging in a trans-
    51  action involving used  automotive  parts,  as  defined  in  section  one
    52  hundred ninety-nine-q of the general business law.
    53    § 3. Section 415-a of the vehicle and traffic law is amended by adding
    54  a new subdivision 16 to read as follows:
    55    16. Verification of used automotive parts. (a) Every person, business,
    56  or  entity  registered  pursuant to the provisions of this section shall

        S. 7902                             3

     1  affirmatively verify the legal origin  of  every  used  automotive  part
     2  received, as defined in section one hundred ninety-nine-q of the general
     3  business law.
     4    (b)  Every  person,  business,  or  entity  registered pursuant to the
     5  provisions of this section shall provide accompanying  documentation  of
     6  the verification made pursuant to paragraph (a) of this subdivision with
     7  the sale or transfer of a used automotive part.
     8    §  4.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law.
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