New York S 9242: Relates to imposing certain restrictions on catalytic converters

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          9242
                    IN SENATE
                                      May 12, 2022
                                       ___________
        Introduced  by  Sens. SAVINO, ADDABBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, the  general  business  law
          and the insurance law, in relation to imposing certain restrictions on
          catalytic converters
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  article 12-E to read as follows:
     3                                 ARTICLE 12-E
     4                            CATALYTIC CONVERTERS
     5  Section 399-u. Catalytic converters.
     6    § 399-u. Catalytic converters. 1. For the purposes of this article the
     7  following terms shall have the following meanings:
     8    (a)  "Catalytic  converter"  means  an exhaust emission control device
     9  which modifies exhaust gas from an internal combustion engine  by  cata-
    10  lyzing a redox reaction.
    11    (b)  "Used  or  scrap catalytic converter" means a catalytic converter
    12  that was previously installed in a vehicle and which  has  been  removed
    13  from such vehicle in whole or in part.
    14    2.  A  used  or  scrap  catalytic converter shall only be purchased or
    15  otherwise accepted by an entity which is  licensed  as  either  a  scrap
    16  processor or as a vehicle dismantler pursuant to this chapter.
    17    3. A scrap processor or vehicle dismantler which purchases one or more
    18  used or scrap catalytic converters shall:
    19    (a) Record the date of purchase, the name of the seller, and the sell-
    20  er's residential or business address;
    21    (b) Make and retain a copy of the government issued photographic iden-
    22  tification  card  used to verify the identity of any natural person from
    23  whom such used or scrap catalytic converters were purchased; and
    24    (c) Record the unique identification number, if any, affixed  to  each
    25  such used or scrap catalytic converter purchased from a seller.
    26    §  2. Subdivision (d) of section 301 of the vehicle and traffic law is
    27  amended by adding a new paragraph 5 to read as follows:
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD15849-02-2

        S. 9242                             2
     1    (5) (a) The commissioner shall  establish  and  maintain  a  catalytic
     2  converter   record   program   to  enable  a  facility  performing  such
     3  inspections pursuant to this section to:
     4    (i)  Indelibly  mark  or  engrave a vehicle catalytic converter with a
     5  readily observable unique serial number if such catalytic convert is not
     6  already marked; and
     7    (ii) Maintain a record of the make, model, vehicle type, vehicle iden-
     8  tification number and the  unique  serial  number  marked,  engraved  or
     9  otherwise affixed to each such catalytic converter.
    10    (b)  For the purposes of this paragraph the term "catalytic converter"
    11  shall have the same meaning as defined in section three hundred  ninety-
    12  nine-u of this title.
    13    §  3.  The  vehicle and traffic law is amended by adding a new section
    14  415-d to read as follows:
    15    § 415-d. Catalytic converter serial  number  requirements.  No  retail
    16  dealer  shall  sell a new or used motor vehicle or parts of vehicles for
    17  which a certificate of title has been  issued  by  the  commissioner  or
    18  which  would  be  eligible  to  have  such a certificate of title issued
    19  unless the vehicle catalytic converter  has  been  indelibly  marked  or
    20  engraved  with  a  readily  observable unique serial number. Such dealer
    21  shall maintain a record of the make, model, vehicle type, vehicle  iden-
    22  tification  number  and  the  unique  serial  number marked, engraved or
    23  otherwise affixed to each such catalytic converter.
    24    § 4. Section 69-e of the general business law, as added by chapter 431
    25  of the laws of 1976, is amended to read as follows:
    26    § 69-e. Definitions. 1. "Scrap metal processing facility"  shall  mean
    27  an establishment engaged primarily in the purchase, processing and ship-
    28  ment  of  ferrous and/or non-ferrous scrap[, the end product of which is
    29  the production of raw material for remelting purposes for  steel  mills,
    30  ] foundaries,  smelters,  refiner