S 7902: Establishes requirements for the sale, installation, or use of used automotive parts.

  
  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.