NY State Senate Bill 2021-S7271B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 31, 2022	amended on third reading 7271b
May 24, 2022	amended on third reading (t) 7271a
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1058
Jan 05, 2022	referred to transportation
Jul 02, 2021	referred to rules

Votes

- May 3, 2022 - Transportation Committee Vote
  S7271B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 3, 2022
      
      aye (11)
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Reichlin-Melnick
      
      Serino
      
      Skoufis
      
      aye wr (2)
      
      Griffo
      
      Ramos

Bill Amendments

Original

B (Active)

2021-S7271 - Details

See other versions of this Bill:: S9428 ,; A1940 ,
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§415-a & 415, V & T L

2021-S7271 - Summary

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.

2021-S7271 - Sponsor Memo

                                 
BILL NUMBER: S7271

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to imposing
restrictions on the purchase, sale and possession of catalytic convert-
ers by vehicle dismantlers, salvage pools, mobile car crushers, itiner-
ant vehicle collectors and scrap processors

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to impose restrictions on the
purchase, sale and possession of catalytic converters by vehicle
dismantlers, scrap processors and others.

 
SUMMARY OF PROVISIONS:

The vehicle and traffic law is amended to include a new subdivision
under section 415-a which would impose restrictions on the purchase,
sale and possession of catalytic converters by vehicle dismantlers,
salvage pools, mobile car crushers, itinerant vehicle collectors and

scrap processors. None of these businesses shall take possession of a
catalytic converter from any person or entity other than a dealer regis-
tered under VTL section 415, an insurance company, a governmental agen-
cy, a repair shop, or person who can provide a certificate of title or
ownership for the vehicle from which the catalytic converter was
removed.

Additionally, vehicle dismantlers, salvage pools, mobile car crushers,
itinerant vehicle collectors and scrap processors would be required to
record the purchase of a catalytic converter indicating the date of
purchase, the name of the seller, the seller's address, or in the case
that the seller is an individual: the seller's residence address and the
seller's driver's license number or information from a government issued
ID card. Such records shall be kept for three years and will be avail-
able for inspection by law enforcement.

Violations of this subdivision would result in civil penalties not to
exceed $2000 and any vehicle dismantlers, salvage pools, mobile car
crushers, itinerant vehicle collectors and scrap processors found to
violate this subdivision more than 5 times within a 36 month period
shall be subject to having its license revoked.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

A. 1940-A differs from A. 1940-B, in that the words "and directed" were
removed from the language in the effective date section.

 
JUSTIFICATION:

A catalytic converter is an exhaust emission control device that reduces
toxic gases and pollutants in exhaust gas from an internal combustion
engine into less-toxic pollutants. It is considered one of the greatest
environmental inventions of all time. Catalytic converters have been
installed in vehicles since the 1970s and all vehicles are required to
have a catalytic converter by the US EPA.


Because of the external location and the use of valuable precious metals
including platinum, palladium and rhodium, catalytic converters are a
target for thieves. Rates of catalytic converter thefts have become more
common during the 2000s and particularly in 2020 due to high metal pric-
es. Bolt-on catalytic converters are especially easy to remove, but
welded-on converters are easily cut off with a theft taking two minutes
or less. The tools used to remove a catalytic converter can often damage
other components of the car, such as the alternator, wiring or fuel
lines leading to dangerous consequences. A catalytic converter can cost
thousands of dollars to replace and the amount increases (sometimes
greatly) if further damage was done to the vehicle in the process of
removing the converter.

Thieves often target parking lots, auto dealerships and auto repair
shops, though thefts from residents' driveways also occur. Catalytic
converters can be stolen in seconds and are not stamped with an identi-
fier which makes these cases hard to solve. This legislation will deter
thieves from stealing catalytic converters in the first place by requir-
ing vehicle dismantlers and scrap processors keep a paper trail and
information on the Seller of a catalytic converter that law enforcement
may use in their investigations and will ensure consequences for those
caught stealing these vital pieces of environmental protection equip-
ment.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A. 11160, Referred to Codes

2021: A. 1940, Referred to codes

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2021-S7271 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7271
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 2, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  imposing
   restrictions  on  the  purchase,  sale  and  possession  of  catalytic
   converters by vehicle dismantlers, salvage pools, mobile car crushers,
   itinerant vehicle collectors and scrap processors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 15 of section 415-a of the vehicle and traffic
 law is renumbered subdivision 16 and a new subdivision 15  is  added  to
 read as follows:
   15.  RESTRICTIONS  REGARDING  CATALYTIC  CONVERTERS.  (A)  NO  VEHICLE
 DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE  COLLEC-
 TOR OR SCRAP PROCESSOR SHALL PURCHASE, SELL, TAKE POSSESSION OF OR RECY-
 CLE A USED CATALYTIC CONVERTER EXCEPT AS PROVIDED IN THIS SUBDIVISION.
   (B) AS USED IN THIS SUBDIVISION:
   (I)  "CATALYTIC CONVERTER" MEANS A CATALYTIC CONVERTER OR OTHER EQUIP-
 MENT OR FEATURE CONSTITUTING AN OPERATIONAL ELEMENT OF A MOTOR VEHICLE'S
 AIR POLLUTION CONTROL SYSTEM OR MECHANISM REQUIRED BY FEDERAL  OR  STATE
 LAW  OR  BY  ANY  RULES  OR REGULATIONS PROMULGATED PURSUANT THERETO, AS
 AMENDED; AND
   (II) "USED CATALYTIC CONVERTER" MEANS A CATALYTIC CONVERTER  THAT  WAS
 PREVIOUSLY  INSTALLED  IN A VEHICLE AND WHICH HAS BEEN REMOVED FROM SUCH
 VEHICLE IN WHOLE OR IN PART.
   (C) NO VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT
 VEHICLE COLLECTOR OR SCRAP PROCESSOR SHALL PURCHASE OR  TAKE  POSSESSION
 OF,  INCLUDING FOR PURPOSES OF RECYCLING OR REBUILDING, A USED CATALYTIC
 CONVERTER FROM ANY PERSON OR  ENTITY  OTHER  THAN  A  DEALER  REGISTERED
 PURSUANT  TO  SECTION FOUR HUNDRED FIFTEEN OF THIS ARTICLE, AN INSURANCE
 COMPANY, A GOVERNMENTAL AGENCY, A PERSON IN WHOSE NAME A CERTIFICATE  OF
 TITLE  OR  OTHER OWNERSHIP DOCUMENT HAS BEEN ISSUED FOR THE VEHICLE FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02256-04-1

 S. 7271                             2
 
 WHICH THE CATALYTIC CONVERTER WAS REMOVED, A REPAIR  SHOP  OR  A  PERSON
 REGISTERED  OR  CERTIFIED OR ISSUED AN IDENTIFICATION NUMBER PURSUANT TO
 THIS SECTION.
   (D) NO VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT
 VEHICLE  COLLECTOR  OR  SCRAP  PROCESSOR  SHALL  SELL  A  USED CATALYTIC
 CONVERTER THAT WAS ACQUIRED FROM ANY  PERSON  OR  ENTITY  UNDER  CIRCUM-
 STANCES OTHER THAN AS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (E)  (I)  EACH  VEHICLE  DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER,
 ITINERANT VEHICLE COLLECTOR OR SCRAP PROCESSOR WHO  PURCHASES  OR  TAKES
 POSSESSION OF, INCLUDING FOR PURPOSES OF RECYCLING OR REBUILDING, A USED
 CATALYTIC CONVERTER SHALL RECORD THE PURCHASE OF THE CATALYTIC CONVERTER
 INDICATING  THE  DATE  OF  PURCHASE,  THE  NAME  OF SELLER, THE SELLER'S
 ADDRESS OR, IN THE CASE THAT THE SELLER IS AN INDIVIDUAL,  THE  SELLER'S
 RESIDENCE ADDRESS BY STREET, NUMBER, CITY, VILLAGE OR TOWN, THE SELLER'S
 DRIVER'S  LICENSE  NUMBER OR INFORMATION FROM A GOVERNMENT ISSUED PHOTO-
 GRAPHIC IDENTIFICATION CARD, IF ANY, OR  BY  SUCH  DESCRIPTION  AS  WILL
 REASONABLY  LOCATE  THE SELLER, OR, IF THE SELLER WAS A REPAIR SHOP, THE
 REPAIR SHOP'S LICENSE NUMBER. SUCH RECORD  SHALL  BE  PRESERVED  BY  THE
 VEHICLE  DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE
 COLLECTOR OR SCRAP PROCESSOR FOR A PERIOD OF THREE YEARS.  SUCH  RECORDS
 SHALL  BE AVAILABLE FOR INSPECTION BY THE POLICE DEPARTMENT OF THE STATE
 OR OF THE MUNICIPALITY IN WHICH THE VEHICLE  DISMANTLER,  SALVAGE  POOL,
 MOBILE  CAR  CRUSHER,  ITINERANT VEHICLE COLLECTOR OR SCRAP PROCESSOR IS
 LOCATED.
   (II) EACH VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER,  ITIN-
 ERANT  VEHICLE  COLLECTOR  OR  SCRAP  PROCESSOR  SHALL  CAUSE THE RECORD
 DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH  TO  BE  SIGNED  BY  THE
 SELLER  OR  HIS  AGENT.  IT SHALL BE UNLAWFUL FOR ANY SELLER OR AGENT TO
 REFUSE TO FURNISH SUCH INFORMATION OR TO FURNISH INCORRECT OR INCOMPLETE
 INFORMATION. THE VEHICLE DISMANTLER, SALVAGE POOL, MOBILE  CAR  CRUSHER,
 ITINERANT  VEHICLE  COLLECTOR OR SCRAP PROCESSOR SHALL MAKE AND RETAIN A
 COPY OF THE GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION CARD  USED  TO
 VERIFY  THE IDENTITY OF THE PERSON FROM WHOM THE CATALYTIC CONVERTER WAS
 PURCHASED OR OBTAINED AND SHALL RETAIN THIS COPY  IN  A  SEPARATE  BOOK,
 REGISTER  OR ELECTRONIC ARCHIVE FOR TWO YEARS FROM THE DATE OF PURCHASE.
 SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY THE POLICE  DEPARTMENT
 OF  THE  STATE  OR  OF THE MUNICIPALITY IN WHICH THE VEHICLE DISMANTLER,
 SALVAGE POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE COLLECTOR  OR  SCRAP
 PROCESSOR IS LOCATED.
   (F)  ANY VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, ITINER-
 ANT VEHICLE COLLECTOR OR SCRAP PROCESSOR THAT VIOLATES THIS  SUBDIVISION
 SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
 PER VIOLATION.
   (G) ANY VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER,  ITINER-
 ANT  VEHICLE COLLECTOR OR SCRAP PROCESSOR THAT VIOLATES THIS SUBDIVISION
 MORE THAN FIVE TIMES WITHIN A THIRTY-SIX-MONTH PERIOD SHALL  BE  SUBJECT
 TO HAVING ITS LICENSE REVOKED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

2021-S7271A - Details

See other versions of this Bill:: S9428 ,; A1940 ,
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§415-a & 415, V & T L

2021-S7271A - Summary

2021-S7271A - Sponsor Memo

                                 
BILL NUMBER: S7271A

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the mainte-
nance of records of catalytic converters

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to impose restrictions on the
purchase, sale and possession of catalytic converters by vehicle
dismantlers, scrap processors and others.

 
SUMMARY OF PROVISIONS:

Section 1 - The vehicle and traffic law is amended to include a new
subdivision under section 415-a which would define catalytic converters,
add catalytic converters to the major component parts list and the
required record keeping for such parts.  Additionally the commissioner
will require additional 60 day reporting requirement and increased fines
for failure to file such documentation.

Section 2 - amends section 415 of the VTL to require new motor vehicle
dealers and other qualified dealers to stock catalytic converter etching
kits to be offered on new motor vehicles

Section 3 - provides for a 180- day effective date

 
JUSTIFICATION:

A catalytic converter is an exhaust emission control device that reduces
toxic gases and pollutants in exhaust gas from an internal combustion
engine into less-toxic pollutants. It is considered one of the greatest
environmental inventions of all time. Catalytic converters have been
installed in vehicles since the 1970s and all vehicles are required to
have a catalytic converter by the US EPA.

Because of the external location and the use of valuable precious metals
including platinum, palladium and rhodium, catalytic converters are a
target for thieves. Rates of catalytic converter thefts have become more
common during the 2000s and particularly in 2020 due to high metal pric.
es. Bolt-on catalytic converters are especially easy to remove, but
welded-on converters are easily cut off with a theft taking two minutes
or less. The tools used to remove a catalytic converter can often damage
other components of the car, such as the alternator, wiring or fuel
lines leading to dangerous consequences. A catalytic converter can cost
thousands of dollars to replace and the amount increases (sometimes
greatly) if further damage was done to the vehicle in the process of
removing the converter.

Thieves often target parking lots, auto dealerships and auto repair
shops, though thefts from residents' driveways also occur. Catalytic
converters can be stolen in seconds and are not stamped with an identi-
fier which makes these cases hard to solve. This legislation will deter
thieves from stealing catalytic converters in the first place by requir-
ing vehicle dismantlers and scrap processors keep a paper trail and
information on the Seller of a catalytic converter that law enforcement
may use in their investigations and will ensure consequences for those
caught stealing these vital pieces of environmental protection equip-
ment.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A. 11160, Referred to Codes

2021: A. 1940, Referred to codes

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2021-S7271A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7271--A
     Cal. No. 1058
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 2, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  --  reported  favorably  from  said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the 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:
 
   Section  1.  Paragraph  (a)  of  subdivision 5 of section 415-a of the
 vehicle and traffic law, as amended by chapter 180 of the laws of  2006,
 is amended and a new paragraph (c) is added to read as follows:
   (a)  Any records required by this section shall apply only to vehicles
 or parts of vehicles for which a certificate of title has been issued by
 the commissioner or which would be eligible to have such  a  certificate
 of title issued. Every person required to be registered pursuant to this
 section  shall  maintain  a  record of all motor vehicles, trailers, and
 major component parts thereof, coming into his OR HER possession togeth-
 er with a record of the disposition of any such motor  vehicle,  trailer
 or part thereof and the date such motor vehicle, trailer or part thereof
 is received and shall maintain proof of ownership for any motor vehicle,
 trailer  or major component part thereof while in his OR HER possession.
 For the purposes of this article an inflatable restraint system shall be
 a major component part AND A CATALYTIC CONVERTER SHALL BE A MAJOR COMPO-
 NENT PART.   Such records shall be  maintained  in  a  manner  and  form
 prescribed  by  the  commissioner.  The commissioner may, by regulation,
 exempt vehicles or major component parts  of  vehicles  from  all  or  a
 portion  of  the  record  keeping requirements based upon the age of the
 vehicle if the commissioner deems that such record keeping  requirements
 would  not  further  the  purposes of the motor vehicle theft prevention
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02256-15-2
 S. 7271--A                          2
 
 program established by section two hundred twenty-three of this chapter.
 THE COMMISSIONER SHALL REQUIRE THAT EVERY VEHICLE DISMANTLER PRODUCE ALL
 RECORDS REGARDING HOW MANY CATALYTIC  CONVERTERS  THEY  ARE  TAKING  IN,
 SUBJECT  TO THE RECORD KEEPING REQUIREMENTS OF THIS SECTION, EVERY SIXTY
 DAYS. A PERSON FOUND TO HAVE FAILED TO PRODUCE SUCH RECORDS EVERY  SIXTY
 DAYS  SHALL  BE  GUILTY OF A VIOLATION AND LIABLE FOR A FINE OF NOT MORE
 THAN ONE THOUSAND DOLLARS.  A PERSON FOUND TO  HAVE  FAILED  TO  PRODUCE
 SUCH  RECORDS  EVERY  SIXTY  DAYS A SECOND TIME WITHIN A TWO-YEAR PERIOD
 SHALL BE SUBJECT TO A CRIMINAL FINE  OF  NOT  MORE  THAN  FIVE  THOUSAND
 DOLLARS.    IF A DEFENDANT HAS GAINED MONEY OR PROPERTY BY NOT PRODUCING
 RECORDS OF CATALYTIC CONVERTERS EVERY SIXTY DAYS PURSUANT TO THIS  PARA-
 GRAPH  AND  UPON  CONVICTION THEREOF, THE COURT, IN LIEU OF IMPOSING THE
 FINE AUTHORIZED FOR THE OFFENSE PURSUANT TO THIS PARAGRAPH, MAY SENTENCE
 SUCH DEFENDANT TO PAY AN AMOUNT, FIXED  BY  THE  COURT,  NOT  TO  EXCEED
 DOUBLE  THE  AMOUNT  OF SUCH DEFENDANT'S GAIN FROM THE COMMISSION OF THE
 OFFENSE. Upon request of an agent of the commissioner or of  any  police
 officer  and during his OR HER regular and usual business hours, a vehi-
 cle dismantler shall produce such  records  and  permit  said  agent  or
 police  officer  to  examine  them and any vehicles or parts of vehicles
 which are subject to the record keeping requirements of this section and
 which are on the premises. Upon request of any agent of the commissioner
 and during his OR HER regular and usual business hours, a salvage  pool,
 mobile  car  crusher  or  itinerant vehicle collector shall produce such
 records and permit said agent or police officer to examine them and  any
 vehicles  or  parts  of vehicles which are subject to the record keeping
 requirements of this section and which are on the premises. The  failure
 to  produce such records or to permit such inspection on the part of any
 person required to be registered pursuant to this section as required by
 this paragraph shall be a class A misdemeanor.
   (C) FOR THE PURPOSES OF THIS ARTICLE, THE TERM  "CATALYTIC  CONVERTER"
 SHALL  MEAN  A  DEVICE  INSTALLED  IN  THE EXHAUST SYSTEM OF AN INTERNAL
 COMBUSTION ENGINE THAT UTILIZES CATALYTIC ACTION TO OXIDIZE  HYDROCARBON
 AND CARBON MONOXIDE EMISSIONS TO CARBON DIOXIDE AND WATER.
   § 2. Section 415 of the vehicle and traffic law is amended by adding a
 new subdivision 21 to read as follows:
   21. NEW MOTOR VEHICLE ETCHING KITS. EVERY NEW MOTOR VEHICLE DEALER AND
 EVERY  QUALIFIED DEALER SHALL BE REQUIRED TO STOCK ETCHING KITS THAT ARE
 CAPABLE OF ETCHING A TRACEABLE SERIAL NUMBER ONTO THE CATALYTIC CONVERT-
 ER OF A NEW MOTOR VEHICLE THAT CAN BE CLEARLY SEEN  AND  QUICKLY  LINKED
 BACK  TO  THE  VEHICLE.  SUCH ETCHING KITS SHALL BE OFFERED BY EVERY NEW
 MOTOR VEHICLE DEALER AND QUALIFIED DEALER TO ANY PERSON PURCHASING A NEW
 MOTOR VEHICLE, AS DEFINED IN PARAGRAPH H  OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2021-S7271B (ACTIVE) - Details

See other versions of this Bill:: S9428 ,; A1940 ,
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§415-a & 415, V & T L

2021-S7271B (ACTIVE) - Summary

2021-S7271B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7271B

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the mainte-
nance of records of catalytic converters

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to impose restrictions on the
purchase, sale and possession of catalytic converters by vehicle
dismantlers, scrap processors and others.

 
SUMMARY OF PROVISIONS:

Section 1 - The vehicle and traffic law is amended to include a new
subdivision under section 415-a which would define catalytic converters,
add catalytic converters to the major component parts list and the
required record keeping for such parts. Additionally the commissioner
shall require additional 60 day reporting requirement and increased
fines for failure to file such documentation, not to exceed double the

value of the gain from illegal sales.

Section 2 - amends section 415 of the VTL to require new motor vehicle
dealers and other qualified dealers to stock catalytic converter etching
kits to be offered on new motor vehicles at no more than the cost of the
etching kits.

Section 3 - provides for a 180- day effective date

 
JUSTIFICATION:

A catalytic converter is an exhaust emission control device that reduces
toxic gases and pollutants in exhaust gas from an internal combustion
engine into less-toxic pollutants. It is considered one of the greatest
environmental inventions of all time. Catalytic converters have been
installed in vehicles since the 1970s and all vehicles are required to
have a catalytic converter by the US EPA.

Because of the external location and the use of valuable precious metals
including platinum, palladium and rhodium, catalytic converters are a
target for thieves. Rates of catalytic converter thefts have become more
common during the 2000s and particularly in 2020 due to high metal pric-
es. Bolt-on catalytic converters are especially easy to remove, but
welded-on converters are easily cut off with a theft taking two minutes
or less. The tools used to remove a catalytic converter can often damage
other components of the car, such as the alternator, wiring or fuel
lines leading to dangerous consequences. A catalytic converter can cost
thousands of dollars to replace and the amount increases (sometimes
greatly) if further damage was done to the vehicle in the process of
removing the converter.

Thieves often target parking lots, auto dealerships and auto repair
shops, though thefts from residents' driveways also occur. Catalytic
converters can be stolen in seconds and are not stamped with an identi-
fier which makes these cases hard to solve. This legislation will deter
thieves from stealing catalytic converters in the first place by requir-
ing vehicle dismantlers and scrap processors keep a paper trail and
information on the Seller of a catalytic converter that law enforcement
may use in their investigations and will ensure consequences for those
caught stealing these vital pieces of environmental protection equip-
ment.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A. 11160, Referred to Codes

2021: A. 1940, Referred to codes

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2021-S7271B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7271--B
     Cal. No. 1058
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 2, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  --  reported  favorably  from  said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted,  retaining its place in the order of third reading -- again
   amended and ordered reprinted, retaining its place  in  the  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:
 
   Section  1.  Paragraph  (a)  of  subdivision 5 of section 415-a of the
 vehicle and traffic law, as amended by chapter 180 of the laws of  2006,
 is amended and a new paragraph (c) is added to read as follows:
   (a)  Any records required by this section shall apply only to vehicles
 or parts of vehicles for which a certificate of title has been issued by
 the commissioner or which would be eligible to have such  a  certificate
 of title issued. Every person required to be registered pursuant to this
 section  shall  maintain  a  record of all motor vehicles, trailers, and
 major component parts thereof, coming into his OR HER possession togeth-
 er with a record of the disposition of any such motor  vehicle,  trailer
 or part thereof and the date such motor vehicle, trailer or part thereof
 is received and shall maintain proof of ownership for any motor vehicle,
 trailer  or major component part thereof while in his OR HER possession.
 For the purposes of this article an inflatable restraint system shall be
 a major component part AND A CATALYTIC CONVERTER SHALL BE A MAJOR COMPO-
 NENT PART.   Such records shall be  maintained  in  a  manner  and  form
 prescribed  by  the  commissioner.  The commissioner may, by regulation,
 exempt vehicles or major component parts  of  vehicles  from  all  or  a
 portion  of  the  record  keeping requirements based upon the age of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02256-19-2
 S. 7271--B                          2
 
 vehicle if the commissioner deems that such record keeping  requirements
 would  not  further  the  purposes of the motor vehicle theft prevention
 program established by section two hundred twenty-three of this chapter.
 Upon  request  of  an agent of the commissioner or of any police officer
 and during his OR HER  regular  and  usual  business  hours,  a  vehicle
 dismantler  shall  produce  such records and permit said agent or police
 officer to examine them and any vehicles or parts of vehicles which  are
 subject to the record keeping requirements of this section and which are
 on the premises. IN ADDITION, THE COMMISSIONER SHALL REQUIRE EVERY VEHI-
 CLE  DISMANTLER  TO PRODUCE, EVERY SIXTY DAYS, ALL RECORDS REGARDING THE
 NUMBER OF CATALYTIC CONVERTERS THEY TOOK IN WITHIN SUCH SIXTY-DAY PERIOD
 SUBJECT TO THE RECORD KEEPING REQUIREMENTS OF THIS SECTION. Upon request
 of any agent of the commissioner and during his OR HER regular and usual
 business hours, a salvage pool, mobile car crusher or itinerant  vehicle
 collector  shall  produce  such  records and permit said agent or police
 officer to examine them and any vehicles or parts of vehicles which  are
 subject to the record keeping requirements of this section and which are
 on  the  premises. The failure to produce such records or to permit such
 inspection on the part of any person required to be registered  pursuant
 to  this section as required by this paragraph shall be a class A misde-
 meanor. IF A VEHICLE DISMANTLER HAS GAINED MONEY OR PROPERTY BY  FAILING
 TO PRODUCE RECORDS OF THE NUMBER OF CATALYTIC CONVERTERS THEY TAKE IN AS
 REQUIRED  BY  THE COMMISSIONER PURSUANT TO THIS PARAGRAPH, THE COURT MAY
 ORDER SUCH DEFENDANT TO PAY AN AMOUNT, FIXED BY THE COURT, NOT TO EXCEED
 DOUBLE THE AMOUNT OF SUCH DEFENDANT'S GAIN FROM THE COMMISSION  OF  SUCH
 OFFENSE.
   (C)  FOR  THE PURPOSES OF THIS ARTICLE, THE TERM "CATALYTIC CONVERTER"
 SHALL MEAN A DEVICE INSTALLED IN  THE  EXHAUST  SYSTEM  OF  AN  INTERNAL
 COMBUSTION  ENGINE THAT UTILIZES CATALYTIC ACTION TO OXIDIZE HYDROCARBON
 AND CARBON MONOXIDE EMISSIONS TO CARBON DIOXIDE AND WATER.
   § 2. Section 415 of the vehicle and traffic law is amended by adding a
 new subdivision 21 to read as follows:
   21. NEW MOTOR VEHICLE ETCHING KITS. EVERY NEW MOTOR VEHICLE DEALER AND
 EVERY QUALIFIED DEALER SHALL BE REQUIRED TO STOCK ETCHING KITS THAT  ARE
 CAPABLE OF ETCHING A TRACEABLE SERIAL NUMBER ONTO THE CATALYTIC CONVERT-
 ER  OF  A  NEW MOTOR VEHICLE THAT CAN BE CLEARLY SEEN AND QUICKLY LINKED
 BACK TO THE VEHICLE. SUCH ETCHING KITS SHALL BE  OFFERED  BY  EVERY  NEW
 MOTOR VEHICLE DEALER AND QUALIFIED DEALER TO ANY PERSON PURCHASING A NEW
 MOTOR  VEHICLE,  AT  NO  MORE  THAN THE COST OF SUCH ETCHING KIT TO SUCH
 DEALER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S7271B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 3, 2022 - Transportation Committee Vote

Transportation Committee Vote: May 3, 2022

Bill Amendments

2021-S7271 - Details

2021-S7271 - Summary

2021-S7271 - Sponsor Memo

2021-S7271 - Bill Text download pdf

2021-S7271A - Details

2021-S7271A - Summary

2021-S7271A - Sponsor Memo

2021-S7271A - Bill Text download pdf

co-Sponsors

2021-S7271B (ACTIVE) - Details

2021-S7271B (ACTIVE) - Summary

2021-S7271B (ACTIVE) - Sponsor Memo

2021-S7271B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7271B

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2021-S7271 - Details

2021-S7271 - Summary

2021-S7271 - Sponsor Memo

2021-S7271 - Bill Text download pdf

2021-S7271A - Details

2021-S7271A - Summary

2021-S7271A - Sponsor Memo

2021-S7271A - Bill Text download pdf

co-Sponsors

Anna M. Kaplan

2021-S7271B (ACTIVE) - Details

2021-S7271B (ACTIVE) - Summary

2021-S7271B (ACTIVE) - Sponsor Memo

2021-S7271B (ACTIVE) - Bill Text download pdf

Comments