Relates to the maintenance of records of ownership of catalytic converters as a major component part; provides a penalty for failing to report such records every sixty days; requires all new motor vehicle dealers and qualified dealers to stock etching kits to offer to any person purchasing a new motor vehicle.
STATE OF NEW YORK
________________________________________________________________________
1940--E
R. R. 289
2021-2022 Regular Sessions
IN ASSEMBLY
January 13, 2021
___________
Introduced by M. of A. BUTTENSCHON, GALEF, WILLIAMS, ABINANTI, CONRAD,
STIRPE, ABBATE, ZEBROWSKI, SILLITTI, SOLAGES, MAGNARELLI, WOERNER,
JACKSON, GUNTHER, JONES, BRAUNSTEIN, GIBBS, SAYEGH, LAVINE, GRIFFIN,
CRUZ -- read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported and referred to the
Committee on Rules -- ordered to a third reading -- passed by Assembly
and delivered to the Senate, recalled from the Senate, vote reconsid-
ered, bill amended, ordered reprinted, retaining its place on the
special order of third reading -- again amended on special order of
third reading, ordered reprinted, retaining its place on the special
order of third reading
AN ACT to amend the vehicle and traffic law, in relation to the mainte-
nance of records of catalytic converters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 415-a of the
2 vehicle and traffic law, as amended by chapter 180 of the laws of 2006,
3 is amended and a new paragraph (c) is added to read as follows:
4 (a) Any records required by this section shall apply only to vehicles
5 or parts of vehicles for which a certificate of title has been issued by
6 the commissioner or which would be eligible to have such a certificate
7 of title issued. Every person required to be registered pursuant to this
8 section shall maintain a record of all motor vehicles, trailers, and
9 major component parts thereof, coming into his or her possession togeth-
10 er with a record of the disposition of any such motor vehicle, trailer
11 or part thereof and the date such motor vehicle, trailer or part thereof
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02256-18-2
A. 1940--E 2
1 is received and shall maintain proof of ownership for any motor vehicle,
2 trailer or major component part thereof while in his or her possession.
3 For the purposes of this article an inflatable restraint system shall be
4 a major component part and a catalytic converter shall be a major compo-
5 nent part. Such records shall be maintained in a manner and form
6 prescribed by the commissioner. The commissioner may, by regulation,
7 exempt vehicles or major component parts of vehicles from all or a
8 portion of the record keeping requirements based upon the age of the
9 vehicle if the commissioner deems that such record keeping requirements
10 would not further the purposes of the motor vehicle theft prevention
11 program established by section two hundred twenty-three of this chapter.
12 Upon request of an agent of the commissioner or of any police officer
13 and during his or her regular and usual business hours, a vehicle
14 dismantler shall produce such records and permit said agent or police
15 officer to examine them and any vehicles or parts of vehicles which are
16 subject to the record keeping requirements of this section and which are
17 on the premises. In addition, the commissioner shall require every vehi-
18 cle dismantler to produce, every sixty days, all records regarding the
19 number of catalytic converters they took in within such sixty-day period
20 subject to the record keeping requirements of this section. Upon request
21 of any agent of the commissioner and during his or her regular and usual
22 business hours, a salvage pool, mobile car crusher or itinerant vehicle
23 collector shall produce such records and permit said agent or police
24 officer to examine them and any vehicles or parts of vehicles which are
25 subject to the record keeping requirements of this section and which are
26 on the premises. The failure to produce such records or to permit such
27 inspection on the part of any person required to be registered pursuant
28 to this section as required by this paragraph shall be a class A misde-
29 meanor. If a vehicle dismantler has gained money or property by failing
30 to produce records of the number of catalytic converters they take in as
31 required by the commissioner pursuant to this paragraph, the court may
32 order such defendant to pay an amount, fixed by the court, not to exceed
33 double the amount of such defendant's gain from the commission of such
34 offense.
35 (c) For the purposes of this article, the term "catalytic converter"
36 shall mean a device installed in the exhaust system of an internal
37 combustion engine that utilizes catalytic action to oxidize hydrocarbon
38 and carbon monoxide emissions to carbon dioxide and water.
39 § 2. Section 415 of the vehicle and traffic law is amended by adding a
40 new subdivision 21 to read as follows:
41 21. New motor vehicle etching kits. Every new motor vehicle dealer and
42 every qualified dealer shall be required to stock etching kits that are
43 capable of etching a traceable serial number onto the catalytic convert-
44 er of a new motor vehicle that can be clearly seen and quickly linked
45 back to the vehicle. Such etching kits shall be offered by every new
46 motor vehicle dealer and qualified dealer to any person purchasing a new
47 motor vehicle, at no more than the cost of such etching kit to such
48 dealer.
49 § 3. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law. Effective immediately, the addition, amend-
51 ment and/or repeal of any rule or regulation necessary for the implemen-
52 tation of this act on its effective date are authorized to be made and
53 completed on or before such effective date.