S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10362--A
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   --  read  once  and  referred  to  the  Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 article 12-E to read as follows:
                                ARTICLE 12-E
                           CATALYTIC CONVERTERS
 SECTION 399-U. CATALYTIC CONVERTERS.
   § 399-U. CATALYTIC CONVERTERS. 1. FOR THE PURPOSES OF THIS ARTICLE THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CATALYTIC CONVERTER" MEANS AN  EXHAUST  EMISSION  CONTROL  DEVICE
 WHICH  MODIFIES  EXHAUST GAS FROM AN INTERNAL COMBUSTION ENGINE BY CATA-
 LYZING A REDOX REACTION.
   (B) "USED OR SCRAP 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.
   2. A USED OR SCRAP CATALYTIC CONVERTER  SHALL  ONLY  BE  PURCHASED  OR
 OTHERWISE  ACCEPTED  BY  AN  ENTITY  WHICH IS LICENSED AS EITHER A SCRAP
 PROCESSOR OR AS A VEHICLE DISMANTLER PURSUANT TO THIS CHAPTER.
   3. A SCRAP PROCESSOR OR VEHICLE DISMANTLER WHICH PURCHASES ONE OR MORE
 USED OR SCRAP CATALYTIC CONVERTERS SHALL:
   (A) RECORD THE DATE OF PURCHASE, THE NAME OF THE SELLER, AND THE SELL-
 ER'S RESIDENTIAL OR BUSINESS ADDRESS;
   (B) MAKE AND RETAIN A COPY OF THE GOVERNMENT ISSUED PHOTOGRAPHIC IDEN-
 TIFICATION CARD USED TO VERIFY THE IDENTITY OF ANY NATURAL  PERSON  FROM
 WHOM SUCH USED OR SCRAP CATALYTIC CONVERTERS WERE PURCHASED; AND
   (C)  RECORD  THE UNIQUE IDENTIFICATION NUMBER, IF ANY, AFFIXED TO EACH
 SUCH USED OR SCRAP CATALYTIC CONVERTER PURCHASED FROM A SELLER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15849-03-2
 A. 10362--A                         2
 
   § 2. Subdivision (d) of section 301 of the vehicle and traffic law  is
 amended by adding a new paragraph 5 to read as follows:
   (5)  (A)  THE  COMMISSIONER  SHALL  ESTABLISH AND MAINTAIN A CATALYTIC
 CONVERTER  RECORD  PROGRAM  TO  ENABLE  A   FACILITY   PERFORMING   SUCH
 INSPECTIONS PURSUANT TO THIS SECTION TO:
   (I)  INDELIBLY  MARK  OR  ENGRAVE A VEHICLE CATALYTIC CONVERTER WITH A
 READILY OBSERVABLE UNIQUE SERIAL NUMBER IF SUCH CATALYTIC CONVERT IS NOT
 ALREADY MARKED; AND
   (II) MAINTAIN A RECORD OF THE MAKE, MODEL, VEHICLE TYPE, VEHICLE IDEN-
 TIFICATION NUMBER AND THE  UNIQUE  SERIAL  NUMBER  MARKED,  ENGRAVED  OR
 OTHERWISE AFFIXED TO EACH SUCH CATALYTIC CONVERTER.
   (B)  FOR THE PURPOSES OF THIS PARAGRAPH THE TERM "CATALYTIC CONVERTER"
 SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE HUNDRED  NINETY-
 NINE-U OF THIS TITLE.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 415-d to read as follows:
   § 415-D. CATALYTIC CONVERTER SERIAL  NUMBER  REQUIREMENTS.  NO  RETAIL
 DEALER  SHALL  SELL A NEW OR USED MOTOR VEHICLE 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
 UNLESS THE VEHICLE CATALYTIC CONVERTER  HAS  BEEN  INDELIBLY  MARKED  OR
 ENGRAVED  WITH  A  READILY  OBSERVABLE UNIQUE SERIAL NUMBER. SUCH DEALER
 SHALL MAINTAIN A RECORD OF THE MAKE, MODEL, VEHICLE TYPE, VEHICLE  IDEN-
 TIFICATION  NUMBER  AND  THE  UNIQUE  SERIAL  NUMBER MARKED, ENGRAVED OR
 OTHERWISE AFFIXED TO EACH SUCH CATALYTIC CONVERTER.
   § 4. Section 69-e of the general business law, as added by chapter 431
 of the laws of 1976, is amended to read as follows:
   § 69-e. Definitions. 1. "Scrap metal processing facility"  shall  mean
 an establishment engaged primarily in the purchase, processing and ship-
 ment  of  ferrous and/or non-ferrous scrap[, the end product of which is
 the production of raw material for remelting purposes for  steel  mills,
 foundaries,  smelters,  refiners, and similar users] METAL AND/OR END OF
 LIFE VEHICLES BUT SHALL NOT  INCLUDE  A  REDEMPTION  CENTER,  DEALER  OR
 DISTRIBUTOR AS SUCH TERMS ARE DEFINED IN SECTION 27-1003 OF THE ENVIRON-
 MENTAL CONSERVATION LAW OR AN ELECTRONIC WASTE COLLECTION, CONSOLIDATION
 OR  RECYCLING  FACILITY  AS SUCH TERMS ARE DEFINED IN SECTION 27-2601 OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   2. "Scrap processor" shall mean any person,  association,  partnership
 or  corporation  operating  and  maintaining  a  "scrap metal processing
 facility".
   3. "GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION"  SHALL  MEAN  ANY
 CURRENT  AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERN-
 MENT OF THE UNITED STATES OF AMERICA, A STATE, TERRITORY,  PROTECTORATE,
 OR DEPENDENCY OF THE UNITED STATES OF AMERICA, A COUNTY, MUNICIPALITY OR
 SUBDIVISION  THEREOF,  ANY  PUBLIC  AGENCY OR DEPARTMENT THEREOF, OR ANY
 PUBLIC EMPLOYER, WHICH REQUIRES AND BEARS THE PHOTOGRAPH OF  THE  PERSON
 TO WHOM IT IS ISSUED.
   4. "CATALYTIC CONVERTER" SHALL MEAN AN EXHAUST EMISSION CONTROL DEVICE
 WHICH  MODIFIES  EXHAUST GAS FROM AN INTERNAL COMBUSTION ENGINE BY CATA-
 LYZING A REDOX REACTION.
   5. "END OF LIFE VEHICLE" SHALL MEAN ANY MOTOR VEHICLE SOLD, GIVEN,  OR
 OTHERWISE DISPOSED OF AS JUNK OR SALVAGE.
   6.  "SCRAP  CATALYTIC CONVERTER" SHALL MEAN A CATALYTIC CONVERTER THAT
 WAS PREVIOUSLY INSTALLED IN A VEHICLE AND WHICH HAS  BEEN  REMOVED  FROM
 SUCH VEHICLE IN WHOLE OR IN PART.
 A. 10362--A                         3
 
   §  5.  Section 69-g of the general business law, as amended by chapter
 302 of the laws of 2007, is amended to read as follows:
   § 69-g. Records. 1. [Such] A scrap [processor] METAL PROCESSING FACIL-
 ITY  shall record [(i) each purchase of any pig or pigs of metal, bronze
 or brass castings or parts thereof, sprues or gates  or  parts  thereof,
 utility  wire  or  brass  car journals, or of metal beer kegs, and (ii)]
 each purchase of [iron, steel] FERROUS and/or nonferrous scrap OR AN END
 OF LIFE VEHICLE for a price of fifty dollars or more, and preserve  such
 record  for a period of three years; which record shall show the date of
 purchase, THE name of THE seller, [his] THE SELLER'S residence OR  BUSI-
 NESS  address  [by  street, number, city, village or town], the driver's
 license number or information  from  a  government  issued  photographic
 identification  card, [if any, of such person, or by such description as
 will reasonably locate the seller,] AND the type and  quantity  of  such
 purchase[;  and  the]. THE scrap processor shall cause such record to be
 signed by the seller or his OR HER agent. It shall be unlawful  for  any
 seller  to refuse to furnish such information or to furnish incorrect or
 incomplete information. Such scrap processor shall also make and  retain
 a copy of the government issued photographic identification card used to
 verify  the  identity  of  [the]  ANY NATURAL person from whom the scrap
 metal was purchased and shall retain  this  copy  in  a  separate  book,
 register  or  electronic  archive  [for  two  years  from  the  date  of
 purchase].
   2. Such records shall be  available  for  inspection  by  [the  police
 department  of  the state or the municipality in which the establishment
 is located] LAW ENFORCEMENT PERSONNEL OR A STATE REGULATORY AGENCY.
   3. A. A SCRAP METAL PROCESSING FACILITY SHALL BE LICENSED AS  A  SCRAP
 PROCESSOR  OR  A  VEHICLE  DISMANTLER  PURSUANT TO SECTION THREE HUNDRED
 NINETY-NINE-U OF THE VEHICLE AND  TRAFFIC  LAW  PRIOR  TO  THE  PURCHASE
 AND/OR ACCEPTANCE OF ONE OR MORE SCRAP CATALYTIC CONVERTERS.
   B. A SCRAP METAL PROCESSING FACILITY WHICH PURCHASES ONE OR MORE SCRAP
 CATALYTIC CONVERTERS SHALL:
   (I) RECORD THE DATE OF PURCHASE, THE NAME OF THE SELLER, AND THE SELL-
 ER'S RESIDENTIAL OR BUSINESS ADDRESS;
   (II)  MAKE  AND  RETAIN  A  COPY OF THE GOVERNMENT ISSUED PHOTOGRAPHIC
 IDENTIFICATION CARD USED TO VERIFY THE IDENTITY OF  ANY  NATURAL  PERSON
 FROM WHOM SUCH SCRAP CATALYTIC CONVERTERS WERE PURCHASED; AND
   (III) RECORD THE UNIQUE IDENTIFICATION NUMBER, IF ANY, AFFIXED TO EACH
 SUCH CATALYTIC CONVERTER PURCHASED FROM EACH SELLER.
   4.  NO  LATER  THAN  JUNE  FIRST, TWO THOUSAND TWENTY-THREE, ALL SCRAP
 METAL PROCESSING FACILITY SHALL INSTALL AND MAINTAIN AN ELECTRONIC VIDEO
 RECORDING SYSTEM AT ALL CUSTOMER  SCALES  AND  AT  ALL  POINTS  OF  SALE
 LOCATED  ON  THE  PREMISES OF THE SCRAP METAL PROCESSING FACILITY. ELEC-
 TRONIC VIDEO RECORDS SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR  A
 PERIOD  OF  NO LESS THAN ONE HUNDRED TWENTY DAYS FROM THE DATE WHEN SUCH
 ELECTRONIC VIDEO RECORD WAS MADE. SUCH ELECTRONIC VIDEO RECORD SHALL  BE
 AVAILABLE  FOR  INSPECTION UPON DEMAND BY LAW ENFORCEMENT PERSONNEL OR A
 STATE REGULATORY AGENCY.
   § 6. Section 69-h of the general business law  is  renumbered  section
 69-i and two new sections 69-h and 69-j are added to read as follows:
   §  69-H. GOVERNMENT SCRAPS. NOTWITHSTANDING ANY PROVISION OF LAW, RULE
 OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR  A  SCRAP  METAL
 PROCESSING  FACILITY  TO PURCHASE AS SCRAP ANY METAL ITEMS BEARING MARK-
 INGS OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY  OR  RAILROAD
 UNLESS  SUCH  ITEMS ARE OFFERED FOR SALE BY AN EMPLOYEE OR AGENT THEREOF
 A. 10362--A                         4
 
 WITH THE EXPRESS WRITTEN AUTHORIZATION OF ANY SUCH GOVERNMENTAL  ENTITY,
 UTILITY COMPANY, CEMETERY OR RAILROAD.
   §  69-J.  PREEMPTION  OF LOCAL LAWS. THE PROVISIONS OF SECTIONS SIXTY-
 NINE-G AND SIXTY-NINE-H OF THIS ARTICLE SHALL SUPERSEDE AND PREEMPT  ALL
 RULES,  REGULATIONS,  CODES, STATUTES OR ORDINANCES OF ALL CITIES, COUN-
 TIES, MUNICIPALITIES AND LOCAL AGENCIES WHICH WOULD:
   1. REGULATE THE PURCHASE OR SALE OF SCRAP METAL;
   2. IMPOSE RECORD KEEPING OR REPORTING REQUIREMENTS IN A  MANNER  WHICH
 CONFLICTS  WITH  OR IMPOSES ADDITIONAL RECORD KEEPING REQUIREMENTS OTHER
 THAN THOSE SET FORTH WITHIN THIS ARTICLE;
   3. REQUIRE A SCRAP METAL PROCESSING FACILITY TO  HOLD  SCRAP  MATERIAL
 FOR  A  SPECIFIED PERIOD OF TIME PRIOR TO THE PROCESSING OR SALE OF SAID
 SCRAP MATERIAL; OR
   4. SPECIFY A MANNER OF PAYMENT FOR SUCH SCRAP METAL.
   § 7. Section 69-i of the general business law, as added by chapter 431
 of the laws of 1976 and as renumbered by section six  of  this  act,  is
 amended to read as follows:
   § 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
 sor  shall be a violation subject to a fine of not more than two hundred
 dollars, unless such violation shall be wilful, in which event it  shall
 be  a  misdemeanor  except,  however,  the  scrap processor shall not be
 liable for any violation of this article by a seller, his  agent,  or  a
 purported  seller  or agent] A PERSON FOUND TO HAVE VIOLATED A PROVISION
 OF THIS ARTICLE SHALL BE GUILTY OF A VIOLATION AND LIABLE FOR A FINE  OF
 NOT MORE THAN ONE THOUSAND DOLLARS AND/OR IMPRISONMENT FOR A TERM OF NOT
 MORE THAN FIFTEEN DAYS.
   2. [Each violation of this article by a seller or his agent shall be a
 misdemeanor.]  A  PERSON  FOUND  TO  HAVE VIOLATED ANY PROVISION OF THIS
 ARTICLE FOR A SECOND TIME WITHIN A TWO-YEAR PERIOD SHALL BE GUILTY OF  A
 MISDEMEANOR  AND  SUBJECT TO A CRIMINAL FINE OF NOT MORE THAN FIVE THOU-
 SAND DOLLARS AND/OR IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR.
   3. IF A DEFENDANT HAS GAINED MONEY OR PROPERTY THROUGH THE  COMMISSION
 OF  ANY  MISDEMEANOR  OR  VIOLATION  PURSUANT  TO  THIS SECTION AND UPON
 CONVICTION THEREOF, THE COURT, IN LIEU OF IMPOSING THE  FINE  AUTHORIZED
 FOR  THE OFFENSE PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION, 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.
   §  8.  Section  2336  of  the insurance law is amended by adding a new
 subsection (i) to read as follows:
   (I) ANY SCHEDULE OF RATES OR RATING PLAN  FOR  NON-COMMERCIAL  PRIVATE
 PASSENGER  AUTOMOBILE  INSURANCE  SHALL  ALSO PROVIDE FOR AN ACTUARIALLY
 APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR PROPERTY DAMAGE  LIABILITY,
 COMPREHENSIVE   AND  COLLISION  COVERAGE  WITH  RESPECT  TO  AUTOMOBILES
 EQUIPPED WITH A CATALYTIC CONVERTER  UPON  WHICH  A  UNIQUE  MARKING  OR
 ENGRAVING HAS BEEN MADE.
   §  9. This act shall take effect January 1, 2023. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.