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A09296 Summary:

BILL NOA09296A
 
SAME ASNo Same As
 
SPONSORColton
 
COSPNSR
 
MLTSPNSR
 
Add §384, V & T L; add §62-a, Gen Bus L
 
Requires catalytic converters to be indelibly marked or engraved with the vehicle identification number of the vehicle on which such catalytic converter is installed; requires junk dealers to obtain and record certain information and documentation when receiving a motor vehicle catalytic converter that is not attached to the motor vehicle.
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A09296 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9296--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 10, 2025
                                       ___________
 
        Introduced by M. of A. COLTON -- read once and referred to the Committee
          on Transportation -- recommitted to the Committee on Transportation in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          catalytic converters to be indelibly marked or engraved  with  vehicle
          identification  numbers;  and  to  amend  the general business law, in
          relation to requiring junk dealers to obtain certain  information  and
          documentation upon receipt of a catalytic converter
 
          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  section 384 to read as follows:
     3    §  384.  Catalytic  converters.  1.  For the purposes of this section,
     4  "catalytic converter" means an exhaust  emission  control  device  which
     5  modifies  exhaust gas from an internal combustion engine by catalyzing a
     6  redox reaction.
     7    2. No retail dealer shall sell a new or used motor vehicle or parts of
     8  vehicles for which a certificate of title has been issued by the commis-
     9  sioner or which would be eligible to have such a  certificate  of  title
    10  issued  unless the vehicle catalytic converter has been indelibly marked
    11  or engraved with the vehicle identification number of the vehicle.
    12    3. A retail dealer found to have violated a provision of this  section
    13  shall  be  guilty  of a violation and liable for a fine of not more than
    14  one thousand dollars for each violation.
    15    § 2. The general business law is amended by adding a new section  62-a
    16  to read as follows:
    17    §  62-a. Receipt of catalytic converters. 1. No junk dealer, junk yard
    18  owner or operator, or scrap metal processor or  scrap  metal  processing
    19  facility  as  described  in  article six-C of this chapter may receive a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14083-03-6

        A. 9296--A                          2
 
     1  catalytic converter of a motor vehicle that  is  not  attached  to  such
     2  motor  vehicle  unless such processor, dealer, owner, operator processor
     3  or facility, at the time of receipt:
     4    a. records the place and date of the transaction, a description of the
     5  catalytic  converter,  including item type and identification number, if
     6  any, and the amount paid for the catalytic converter;
     7    b. records a description of the seller and the  seller's  name,  resi-
     8  dence  address  and  motor  vehicle  operator's license or identity card
     9  number or, if the seller is a business, the name, address and  telephone
    10  number of the business;
    11    c. records the number plate of the motor vehicle used to transport the
    12  catalytic converter to the licensee;
    13    d.  obtains  from  the  seller a statement: (i) that the seller is the
    14  owner of such catalytic converter; or (ii) identifying the name  of  the
    15  person  from  whom the seller obtained the catalytic converter, as shown
    16  on a signed transfer document; and
    17    e. takes a clear photograph or video of the seller, the motor  vehicle
    18  operator's  license  or  identity  card  of the seller and the catalytic
    19  converter.
    20    2. The commissioner of motor vehicles shall adopt regulations concern-
    21  ing the creation and retention of documents and other  records  required
    22  by  subdivision one of this section. Such documents and records shall be
    23  open for inspection by law enforcement  officials  upon  request  during
    24  normal business hours.
    25    3.  A  person found to have violated a provision of this section shall
    26  be guilty of a violation and liable for a fine  of  not  more  than  one
    27  thousand dollars.
    28    4. This section shall not apply to any of the following:
    29    a. a collector of motor vehicles; or
    30    b. a vehicle sold in any of the following circumstances:
    31    (i)  by  an automobile dismantler after being reported for dismantling
    32  pursuant to section four hundred fifteen-a of the  vehicle  and  traffic
    33  law;
    34    (ii)  by  or  through a salvage pool after obtaining a salvage certif-
    35  icate pursuant to section four hundred  fifteen-a  of  the  vehicle  and
    36  traffic  law, a certificate of title for a vehicle described in subdivi-
    37  sion five of section four hundred fifteen-a of the vehicle  and  traffic
    38  law, or in a similar ownership document issued by another state;
    39    (iii) by or through a salvage disposal auction;
    40    (iv) by or through a wholesale motor vehicle auction; or
    41    (v) a motorcycle.
    42    5. For purposes of this section:
    43    a. "salvage disposal auction" means an auction where a person or enti-
    44  ty,  engaged  primarily  in  the  business of selling total loss salvage
    45  vehicles on behalf of insurance companies and that has more  than  eight
    46  business locations in New York, sells total loss salvage vehicles;
    47    b. "wholesale motor vehicle auction" means an auction where the dealer
    48  conducting  the  auction  does not take ownership of the vehicle and the
    49  vehicle is sold to a nonretail buyer for resale; and
    50    c. "motorcycle" means every motor vehicle having a seat or saddle  for
    51  the  use  of  the  rider  and  designed to travel on not more than three
    52  wheels in contact with the ground, but excluding a tractor.
    53    § 3. This act shall take effect January 1, 2027. Effective  immediate-
    54  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    55  necessary for the implementation of this act on its effective  date  are
    56  authorized to be made and completed on or before such effective date.
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