Senate Bill S3008A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3008--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   § 392-K. REQUIREMENTS REGARDING PURCHASES OF CATALYTIC CONVERTERS.  1.
 FOR  PURPOSES  OF  THIS  SECTION,  "CATALYTIC  CONVERTER"  SHALL MEAN AN
 EXHAUST EMISSION CONTROL DEVICE  WHICH  MODIFIES  EXHAUST  GAS  FROM  AN
 INTERNAL COMBUSTION ENGINE BY CATALYZING A REDOX REACTION.
   2.  IN  ADDITION  TO  ANY  REQUIREMENTS OF THIS CHAPTER, AN INDIVIDUAL
 ATTEMPTING TO SELL A CATALYTIC CONVERTER TO A PURCHASER SHALL PROVIDE TO
 SUCH PURCHASER THE FOLLOWING INFORMATION:
   (A) THE YEAR, MAKE, MODEL AND VEHICLE IDENTIFICATION  NUMBER  FOR  THE
 VEHICLE FROM WHICH THE CATALYTIC CONVERTER WAS REMOVED; AND
   (B) A COPY OF THE CERTIFICATE OF TITLE OR OTHER DOCUMENTATION INDICAT-
 ING  THAT  THE SELLER HAS AN OWNERSHIP INTEREST IN THE VEHICLE DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION, OR WHERE THE SELLER IS  THE  OWNER
 OF  A  GARAGE  OR REPAIR SHOP AND THE CATALYTIC CONVERTER WAS REMOVED IN
 CONNECTION WITH A MOTOR VEHICLE REPAIR, THE  NAME  AND  ADDRESS  OF  THE
 VEHICLE'S OWNER AND COPIES OF ALL RELATED INVOICES.
   3.  A PURCHASER SHALL NOT PURCHASE A CATALYTIC CONVERTER FROM A SELLER
 WHO DOES NOT COMPLY WITH THE REQUIREMENTS OF  SUBDIVISION  TWO  OF  THIS
 SECTION.
   4.  A  PURCHASER  SHALL NOT PURCHASE A CATALYTIC CONVERTER UNLESS SUCH
 PURCHASER DETERMINES THAT SUCH CATALYTIC CONVERTER  IS  CONSISTENT  WITH
 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
 
 VEHICLE WHICH THE SELLER PROVIDED INFORMATION AS REQUIRED  BY  PARAGRAPH
 (A) OF SUBDIVISION TWO OF THIS SECTION.
   5.  A  PURCHASER  SHALL  KEEP  AN  ACCURATE  ELECTRONIC RECORD OF EACH
 PURCHASE OF A CATALYTIC CONVERTER MADE IN THE COURSE OF THE  PURCHASER'S
 BUSINESS.    SUCH RECORD SHALL BE IN ENGLISH AND SHALL INCLUDE ANY ADDI-
 TIONAL INFORMATION REQUIRED BY THIS CHAPTER.
   6. A PURCHASER SHALL PRESERVE EACH RECORD REQUIRED PURSUANT TO  SUBDI-
 VISION  FIVE  OF THIS SECTION UNTIL THE FIFTH ANNIVERSARY DATE THAT SUCH
 RECORD WAS MADE. SUCH RECORDS SHALL  BE  AVAILABLE  FOR  INSPECTION  NOT
 LATER THAN SEVENTY-TWO HOURS AFTER THE DATE OF PURCHASE.
   7.  ON  REQUEST, A PURCHASER SHALL PERMIT REPRESENTATIVES OF ANY LOCAL
 POLICE DEPARTMENT OR THE STATE POLICE TO INSPECT ALL RECORDS REQUIRED TO
 BE KEPT PURSUANT TO THIS SECTION.
   8. (A) NO PERSON SHALL SELL TO A PRIVATE PARTY, OR TO A DEALER, A USED
 OR REFURBISHED CATALYTIC CONVERTER WITHOUT PROVIDING THE  PURCHASER  THE
 INFORMATION  AND  DOCUMENTATION  REQUIRED  BY  SUBDIVISION  TWO  OF THIS
 SECTION.
   (B) NO DEALER SHALL PURCHASE AND/OR OFFER FOR SALE  IN  THE  STATE,  A
 USED  OR  REFURBISHED  CATALYTIC CONVERTER FOR WHICH IT DOES NOT POSSESS
 THE INFORMATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   9. ANY PERSON, FIRM,  CORPORATION  OR  ASSOCIATION  WHO  VIOLATES  THE
 PROVISIONS  OF  THIS  SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
 MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
   10. A VIOLATION OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR.
   § 2. This act shall take effect immediately.