Bill Text: NY S07271 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S07271 Detail]
Download: New_York-2021-S07271-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7271--B Cal. No. 1058 2021-2022 Regular Sessions IN SENATE 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: 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 12 is received and shall maintain proof of ownership for any motor vehicle, 13 trailer or major component part thereof while in his or her possession. 14 For the purposes of this article an inflatable restraint system shall be 15 a major component part and a catalytic converter shall be a major compo- 16 nent part. Such records shall be maintained in a manner and form 17 prescribed by the commissioner. The commissioner may, by regulation, 18 exempt vehicles or major component parts of vehicles from all or a 19 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. LBD02256-19-2S. 7271--B 2 1 vehicle if the commissioner deems that such record keeping requirements 2 would not further the purposes of the motor vehicle theft prevention 3 program established by section two hundred twenty-three of this chapter. 4 Upon request of an agent of the commissioner or of any police officer 5 and during his or her regular and usual business hours, a vehicle 6 dismantler shall produce such records and permit said agent or police 7 officer to examine them and any vehicles or parts of vehicles which are 8 subject to the record keeping requirements of this section and which are 9 on the premises. In addition, the commissioner shall require every vehi- 10 cle dismantler to produce, every sixty days, all records regarding the 11 number of catalytic converters they took in within such sixty-day period 12 subject to the record keeping requirements of this section. Upon request 13 of any agent of the commissioner and during his or her regular and usual 14 business hours, a salvage pool, mobile car crusher or itinerant vehicle 15 collector shall produce such records and permit said agent or police 16 officer to examine them and any vehicles or parts of vehicles which are 17 subject to the record keeping requirements of this section and which are 18 on the premises. The failure to produce such records or to permit such 19 inspection on the part of any person required to be registered pursuant 20 to this section as required by this paragraph shall be a class A misde- 21 meanor. If a vehicle dismantler has gained money or property by failing 22 to produce records of the number of catalytic converters they take in as 23 required by the commissioner pursuant to this paragraph, the court may 24 order such defendant to pay an amount, fixed by the court, not to exceed 25 double the amount of such defendant's gain from the commission of such 26 offense. 27 (c) For the purposes of this article, the term "catalytic converter" 28 shall mean a device installed in the exhaust system of an internal 29 combustion engine that utilizes catalytic action to oxidize hydrocarbon 30 and carbon monoxide emissions to carbon dioxide and water. 31 § 2. Section 415 of the vehicle and traffic law is amended by adding a 32 new subdivision 21 to read as follows: 33 21. New motor vehicle etching kits. Every new motor vehicle dealer and 34 every qualified dealer shall be required to stock etching kits that are 35 capable of etching a traceable serial number onto the catalytic convert- 36 er of a new motor vehicle that can be clearly seen and quickly linked 37 back to the vehicle. Such etching kits shall be offered by every new 38 motor vehicle dealer and qualified dealer to any person purchasing a new 39 motor vehicle, at no more than the cost of such etching kit to such 40 dealer. 41 § 3. This act shall take effect on the one hundred eightieth day after 42 it shall have become a law. Effective immediately, the addition, amend- 43 ment and/or repeal of any rule or regulation necessary for the implemen- 44 tation of this act on its effective date are authorized to be made and 45 completed on or before such effective date.
