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 vehicle 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 the vehicle identification number of the vehicle.
STATE OF NEW YORK
________________________________________________________________________
4822
2025-2026 Regular Sessions
IN SENATE
February 13, 2025
___________
Introduced by Sen. S. RYAN -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04241-02-5
S. 4822 2
1 (c) Record the vehicle identification number, if any, affixed to each
2 such used or scrap catalytic converter purchased from a seller.
3 § 2. The vehicle and traffic law is amended by adding a new section
4 415-d to read as follows:
5 § 415-d. Catalytic converter vehicle identification number require-
6 ments. No retail dealer shall sell a new or used motor vehicle or parts
7 of vehicles for which a certificate of title has been issued by the
8 commissioner or which would be eligible to have such a certificate of
9 title issued unless the vehicle catalytic converter has been indelibly
10 marked or engraved with the vehicle identification number of the vehi-
11 cle.
12 § 3. Section 69-e of the general business law, as added by chapter 431
13 of the laws of 1976, is amended to read as follows:
14 § 69-e. Definitions. 1. "Scrap metal processing facility" shall mean
15 an establishment engaged primarily in the purchase, processing and ship-
16 ment of ferrous and/or non-ferrous scrap[, the end product of which is
17 the production of raw material for remelting purposes for steel mills,
18 foundaries, smelters, refiners, and similar users] metal and/or end of
19 life vehicles but shall not include a redemption center, dealer or
20 distributor as such terms are defined in section 27-1003 of the environ-
21 mental conservation law or an electronic waste collection, consolidation
22 or recycling facility as such terms are defined in section 27-2601 of
23 the environmental conservation law.
24 2. "Scrap processor" shall mean any person, association, partnership
25 or corporation operating and maintaining a "scrap metal processing
26 facility".
27 3. "Government issued photographic identification" shall mean any
28 current and valid official form of identification issued by the govern-
29 ment of the United States of America, a state, territory, protectorate,
30 or dependency of the United States of America, a county, municipality or
31 subdivision thereof, any public agency or department thereof, or any
32 public employer, which requires and bears the photograph of the person
33 to whom it is issued.
34 4. "Catalytic converter" shall mean an exhaust emission control device
35 which modifies exhaust gas from an internal combustion engine by cata-
36 lyzing a redox reaction.
37 5. "End of life vehicle" shall mean any motor vehicle sold, given, or
38 otherwise disposed of as junk or salvage.
39 6. "Scrap catalytic converter" shall mean a catalytic converter that
40 was previously installed in a vehicle and which has been removed from
41 such vehicle in whole or in part.
42 § 4. Section 69-g of the general business law, as amended by chapter
43 302 of the laws of 2007, is amended to read as follows:
44 § 69-g. Records. 1. [Such] A scrap [processor] metal processing facil-
45 ity shall record [(i) each purchase of any pig or pigs of metal, bronze
46 or brass castings or parts thereof, sprues or gates or parts thereof,
47 utility wire or brass car journals, or of metal beer kegs, and (ii)]
48 each purchase of [iron, steel] ferrous and/or nonferrous scrap or an end
49 of life vehicle for a price of fifty dollars or more, and preserve such
50 record for a period of three years; which record shall show the date of
51 purchase, the name of the seller, [his] the seller's residence or busi-
52 ness address [by street, number, city, village or town], the driver's
53 license number or information from a government issued photographic
54 identification card, [if any, of such person, or by such description as
55 will reasonably locate the seller,] and the type and quantity of such
56 purchase[; and the]. The scrap processor shall cause such record to be
S. 4822 3
1 signed by the seller or [his] such seller's agent. It shall be unlawful
2 for any seller to refuse to furnish such information or to furnish
3 incorrect or incomplete information. Such scrap processor shall also
4 make and retain a copy of the government issued photographic identifica-
5 tion card used to verify the identity of [the] any natural person from
6 whom the scrap metal was purchased and shall retain this copy in a sepa-
7 rate book, register or electronic archive [for two years from the date
8 of purchase].
9 2. Such records shall be available for inspection by [the police
10 department of the state or the municipality in which the establishment
11 is located] law enforcement personnel or a state regulatory agency.
12 3. a. A scrap metal processing facility shall be licensed as a scrap
13 processor or a vehicle dismantler pursuant to section three hundred
14 ninety-nine-u of the vehicle and traffic law prior to the purchase
15 and/or acceptance of one or more scrap catalytic converters.
16 b. A scrap metal processing facility which purchases one or more scrap
17 catalytic converters shall:
18 (i) record the date of purchase, the name of the seller, and the sell-
19 er's residential or business address;
20 (ii) make and retain a copy of the government issued photographic
21 identification card used to verify the identity of any natural person
22 from whom such scrap catalytic converters were purchased; and
23 (iii) record the vehicle identification number, if any, affixed to
24 each such catalytic converter purchased from each seller.
25 4. No later than January first, two thousand twenty-six, scrap metal
26 processing facilities and vehicle dismantling facilities shall install
27 and maintain an electronic video recording system at all customer scales
28 and at all points of sale located on the premises of the facility. Elec-
29 tronic video records shall be maintained in an electronic archive for a
30 period of no less than one hundred twenty days from the date when such
31 electronic video record was made. Such electronic video record shall be
32 available for inspection upon demand by law enforcement personnel or a
33 state regulatory agency.
34 § 5. Section 69-h of the general business law is renumbered section
35 69-i and two new sections 69-h and 69-j are added to read as follows:
36 § 69-h. Prior authorization for certain scrap metal purchases.
37 Notwithstanding any provision of law, rule or regulation to the contra-
38 ry, it shall be unlawful for a scrap metal processing facility to
39 purchase as scrap any metal items bearing markings of any governmental
40 entity, utility company, cemetery or railroad unless such items are
41 offered for sale by an employee or agent thereof with the express writ-
42 ten authorization of any such governmental entity, utility company,
43 cemetery or railroad.
44 § 69-j. Preemption of local laws. The provisions of sections sixty-
45 nine-g and sixty-nine-h of this article shall supersede and preempt all
46 rules, regulations, codes, statutes or ordinances of all cities, coun-
47 ties, municipalities and local agencies which would:
48 1. Regulate the purchase or sale of scrap metal or a vehicle part;
49 2. Impose record keeping or reporting requirements in a manner which
50 conflicts with or imposes additional record keeping requirements other
51 than those set forth within this article;
52 3. Require a scrap metal processing facility or a vehicle dismantling
53 facility to hold scrap material or a vehicle part for a specified period
54 of time prior to the processing or sale of said scrap material; or
55 4. Specify a manner of payment.
S. 4822 4
1 § 6. Section 69-i of the general business law, as added by chapter 431
2 of the laws of 1976 and as renumbered by section five of this act, is
3 amended to read as follows:
4 § 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
5 sor shall be a violation subject to a fine of not more than two hundred
6 dollars, unless such violation shall be wilful, in which event it shall
7 be a misdemeanor except, however, the scrap processor shall not be
8 liable for any violation of this article by a seller, his agent, or a
9 purported seller or agent] A person found to have violated a provision
10 of this article shall be guilty of a violation and liable for a fine of
11 not more than one thousand dollars and/or imprisonment for a term of not
12 more than fifteen days.
13 2. [Each violation of this article by a seller or his agent shall be a
14 misdemeanor.] A person found to have violated any provision of this
15 article for a second time within a two-year period shall be guilty of a
16 misdemeanor and subject to a criminal fine of not more than five thou-
17 sand dollars and/or imprisonment for a term of not more than one year.
18 3. If a defendant has gained money or property through the commission
19 of any misdemeanor or violation pursuant to this section and upon
20 conviction thereof, the court, in lieu of imposing the fine authorized
21 for the offense pursuant to subdivision one or two of this section, may
22 sentence such defendant to pay an amount, fixed by the court, not to
23 exceed double the amount of such defendant's gain from the commission of
24 the offense.
25 § 7. Section 2336 of the insurance law is amended by adding a new
26 subsection (i) to read as follows:
27 (i) Any schedule of rates or rating plan for non-commercial private
28 passenger automobile insurance shall also provide for an actuarially
29 appropriate reduction in premium charges for property damage liability,
30 comprehensive and collision coverage with respect to automobiles
31 equipped with a catalytic converter upon which the vehicle identifica-
32 tion number of the vehicle has been marked or engraved.
33 § 8. This act shall take effect January 1, 2026. Effective immediate-
34 ly, the addition, amendment and/or repeal of any rule or regulation
35 necessary for the implementation of this act on its effective date are
36 authorized to be made and completed on or before such effective date.
