Bill Text: NY S03008 | 2023-2024 | General Assembly | Amended

New York Senate Bill 3008

Bill Title: 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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S03008 Detail]

Download: New_York-2023-S03008-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         3008--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 26, 2023
                                       ___________

        Introduced  by  Sens.  RHOADS,  BORRELLO,  OBERACKER  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Consumer  Protection  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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.
                                                                   LBD06156-04-3

        S. 3008--A                          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.