S 280: 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

  
  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.