Add Art 12-E §399-u, §415-d, amd §301, V & T L; amd §§69-e, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h &
69-j, Gen Bus L; amd §2336, Ins L
Imposes certain restrictions on catalytic converters; requires all vehicle catalytic converters to be indelibly marked or engraved with a readily observable unique serial number; provides a reduction in premium charges for certain motor vehicle liability, comprehensive and collision insurance rates with respect to automobiles equipped with a catalytic converter which contains such unique marking or engraving.
STATE OF NEW YORK
________________________________________________________________________
1524
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05183-01-3
A. 1524 2
1 (c) Record the unique identification number, if any, affixed to each
2 such used or scrap catalytic converter purchased from a seller.
3 § 2. Subdivision (d) of section 301 of the vehicle and traffic law is
4 amended by adding a new paragraph 5 to read as follows:
5 (5) (a) The commissioner shall establish and maintain a catalytic
6 converter record program to enable a facility performing such
7 inspections pursuant to this section to:
8 (i) Indelibly mark or engrave a vehicle catalytic converter with a
9 readily observable unique serial number if such catalytic convert is not
10 already marked; and
11 (ii) Maintain a record of the make, model, vehicle type, vehicle iden-
12 tification number and the unique serial number marked, engraved or
13 otherwise affixed to each such catalytic converter.
14 (b) For the purposes of this paragraph the term "catalytic converter"
15 shall have the same meaning as defined in section three hundred ninety-
16 nine-u of this title.
17 § 3. The vehicle and traffic law is amended by adding a new section
18 415-d to read as follows:
19 § 415-d. Catalytic converter serial number requirements. No retail
20 dealer shall sell a new or used motor vehicle or parts of vehicles for
21 which a certificate of title has been issued by the commissioner or
22 which would be eligible to have such a certificate of title issued
23 unless the vehicle catalytic converter has been indelibly marked or
24 engraved with a readily observable unique serial number. Such dealer
25 shall maintain a record of the make, model, vehicle type, vehicle iden-
26 tification number and the unique serial number marked, engraved or
27 otherwise affixed to each such catalytic converter.
28 § 4. Section 69-e of the general business law, as added by chapter 431
29 of the laws of 1976, is amended to read as follows:
30 § 69-e. Definitions. 1. "Scrap metal processing facility" shall mean
31 an establishment engaged primarily in the purchase, processing and ship-
32 ment of ferrous and/or non-ferrous scrap[, the end product of which is
33 the production of raw material for remelting purposes for steel mills,
34 foundaries, smelters, refiners, and similar users] metal and/or end of
35 life vehicles but shall not include a redemption center, dealer or
36 distributor as such terms are defined in section 27-1003 of the environ-
37 mental conservation law or an electronic waste collection, consolidation
38 or recycling facility as such terms are defined in section 27-2601 of
39 the environmental conservation law.
40 2. "Scrap processor" shall mean any person, association, partnership
41 or corporation operating and maintaining a "scrap metal processing
42 facility".
43 3. "Government issued photographic identification" shall mean any
44 current and valid official form of identification issued by the govern-
45 ment of the United States of America, a state, territory, protectorate,
46 or dependency of the United States of America, a county, municipality or
47 subdivision thereof, any public agency or department thereof, or any
48 public employer, which requires and bears the photograph of the person
49 to whom it is issued.
50 4. "Catalytic converter" shall mean an exhaust emission control device
51 which modifies exhaust gas from an internal combustion engine by cata-
52 lyzing a redox reaction.
53 5. "End of life vehicle" shall mean any motor vehicle sold, given, or
54 otherwise disposed of as junk or salvage.
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1 6. "Scrap catalytic converter" shall mean a catalytic converter that
2 was previously installed in a vehicle and which has been removed from
3 such vehicle in whole or in part.
4 § 5. Section 69-g of the general business law, as amended by chapter
5 302 of the laws of 2007, is amended to read as follows:
6 § 69-g. Records. 1. [Such] A scrap [processor] metal processing facil-
7 ity shall record [(i) each purchase of any pig or pigs of metal, bronze
8 or brass castings or parts thereof, sprues or gates or parts thereof,
9 utility wire or brass car journals, or of metal beer kegs, and (ii)]
10 each purchase of [iron, steel] ferrous and/or nonferrous scrap or an end
11 of life vehicle for a price of fifty dollars or more, and preserve such
12 record for a period of three years; which record shall show the date of
13 purchase, the name of the seller, [his] the seller's residence or busi-
14 ness address [by street, number, city, village or town], the driver's
15 license number or information from a government issued photographic
16 identification card, [if any, of such person, or by such description as
17 will reasonably locate the seller,] and the type and quantity of such
18 purchase[; and the]. The scrap processor shall cause such record to be
19 signed by the seller or his or her agent. It shall be unlawful for any
20 seller to refuse to furnish such information or to furnish incorrect or
21 incomplete information. Such scrap processor shall also make and retain
22 a copy of the government issued photographic identification card used to
23 verify the identity of [the] any natural person from whom the scrap
24 metal was purchased and shall retain this copy in a separate book,
25 register or electronic archive [for two years from the date of
26 purchase].
27 2. Such records shall be available for inspection by [the police
28 department of the state or the municipality in which the establishment
29 is located] law enforcement personnel or a state regulatory agency.
30 3. a. A scrap metal processing facility shall be licensed as a scrap
31 processor or a vehicle dismantler pursuant to section three hundred
32 ninety-nine-u of the vehicle and traffic law prior to the purchase
33 and/or acceptance of one or more scrap catalytic converters.
34 b. A scrap metal processing facility which purchases one or more scrap
35 catalytic converters shall:
36 (i) record the date of purchase, the name of the seller, and the sell-
37 er's residential or business address;
38 (ii) make and retain a copy of the government issued photographic
39 identification card used to verify the identity of any natural person
40 from whom such scrap catalytic converters were purchased; and
41 (iii) record the unique identification number, if any, affixed to each
42 such catalytic converter purchased from each seller.
43 4. No later than June first, two thousand twenty-four, all scrap metal
44 processing facility shall install and maintain an electronic video
45 recording system at all customer scales and at all points of sale
46 located on the premises of the scrap metal processing facility. Elec-
47 tronic video records shall be maintained in an electronic archive for a
48 period of no less than one hundred twenty days from the date when such
49 electronic video record was made. Such electronic video record shall be
50 available for inspection upon demand by law enforcement personnel or a
51 state regulatory agency.
52 § 6. Section 69-h of the general business law is renumbered section
53 69-i and two new sections 69-h and 69-j are added to read as follows:
54 § 69-h. Government scraps. Notwithstanding any provision of law, rule
55 or regulation to the contrary, it shall be unlawful for a scrap metal
56 processing facility to purchase as scrap any metal items bearing mark-
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1 ings of any governmental entity, utility company, cemetery or railroad
2 unless such items are offered for sale by an employee or agent thereof
3 with the express written authorization of any such governmental entity,
4 utility company, cemetery or railroad.
5 § 69-j. Preemption of local laws. The provisions of sections sixty-
6 nine-g and sixty-nine-h of this article shall supersede and preempt all
7 rules, regulations, codes, statutes or ordinances of all cities, coun-
8 ties, municipalities and local agencies which would:
9 1. Regulate the purchase or sale of scrap metal;
10 2. Impose record keeping or reporting requirements in a manner which
11 conflicts with or imposes additional record keeping requirements other
12 than those set forth within this article;
13 3. Require a scrap metal processing facility to hold scrap material
14 for a specified period of time prior to the processing or sale of said
15 scrap material; or
16 4. Specify a manner of payment for such scrap metal.
17 § 7. Section 69-i of the general business law, as added by chapter 431
18 of the laws of 1976 and as renumbered by section six of this act, is
19 amended to read as follows:
20 § 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
21 sor shall be a violation subject to a fine of not more than two hundred
22 dollars, unless such violation shall be wilful, in which event it shall
23 be a misdemeanor except, however, the scrap processor shall not be
24 liable for any violation of this article by a seller, his agent, or a
25 purported seller or agent] A person found to have violated a provision
26 of this article shall be guilty of a violation and liable for a fine of
27 not more than one thousand dollars and/or imprisonment for a term of not
28 more than fifteen days.
29 2. [Each violation of this article by a seller or his agent shall be a
30 misdemeanor.] A person found to have violated any provision of this
31 article for a second time within a two-year period shall be guilty of a
32 misdemeanor and subject to a criminal fine of not more than five thou-
33 sand dollars and/or imprisonment for a term of not more than one year.
34 3. If a defendant has gained money or property through the commission
35 of any misdemeanor or violation pursuant to this section and upon
36 conviction thereof, the court, in lieu of imposing the fine authorized
37 for the offense pursuant to subdivision one or two of this section, may
38 sentence such defendant to pay an amount, fixed by the court, not to
39 exceed double the amount of such defendant's gain from the commission of
40 the offense.
41 § 8. Section 2336 of the insurance law is amended by adding a new
42 subsection (i) to read as follows:
43 (i) Any schedule of rates or rating plan for non-commercial private
44 passenger automobile insurance shall also provide for an actuarially
45 appropriate reduction in premium charges for property damage liability,
46 comprehensive and collision coverage with respect to automobiles
47 equipped with a catalytic converter upon which a unique marking or
48 engraving has been made.
49 § 9. This act shall take effect January 1, 2024. Effective immediate-
50 ly, the addition, amendment and/or repeal of any rule or regulation
51 necessary for the implementation of this act on its effective date are
52 authorized to be made and completed on or before such effective date.
