Assembly Bill A1940E

Signed By Governor
2021-2022 Legislative Session

Relates to the maintenance of records of catalytic converters

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S9428 - Signed by Governor

  • 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
Votes

Bill Amendments

co-Sponsors

2021-A1940 - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940 - 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-A1940 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1940
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the theft of
   a catalytic converter; and 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.  The  penal  law  is  amended by adding three new sections
 165.12, 165.13 and 165.14 to read as follows:
 § 165.12 THEFT OF A CATALYTIC CONVERTER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF THEFT OF A  CATALYTIC  CONVERTER  IN  THE  THIRD
 DEGREE  WHEN  HE OR SHE REMOVES OR INTENTIONALLY DESTROYS OR DEFACES ALL
 OR ANY PART OF A CATALYTIC  CONVERTER  FROM  AN  ABANDONED  VEHICLE,  AS
 DEFINED  IN  SUBDIVISION ONE OF SECTION ONE THOUSAND TWO HUNDRED TWENTY-
 FOUR OF THE VEHICLE AND TRAFFIC LAW, EXCEPT THAT IT IS A DEFENSE TO SUCH
 CHARGE THAT SUCH PERSON WAS AUTHORIZED TO DO SO PURSUANT TO  LAW  OR  BY
 PERMISSION OF THE OWNER.
   THEFT OF A CATALYTIC CONVERTER IN THE THIRD DEGREE IS A CLASS B MISDE-
 MEANOR.
 § 165.13 THEFT OF A CATALYTIC CONVERTER IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF THEFT OF A CATALYTIC CONVERTER IN THE SECOND
 DEGREE WHEN:
   1. HE OR SHE REMOVES OR INTENTIONALLY DESTROYS OR DEFACES ALL  OR  ANY
 PART  OF  A  CATALYTIC CONVERTER FROM A VEHICLE, OTHER THAN AN ABANDONED
 VEHICLE, AS DEFINED IN SUBDIVISION  ONE  OF  SECTION  ONE  THOUSAND  TWO
 HUNDRED  TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, WITHOUT THE PERMIS-
 SION OF THE OWNER; OR
   2. HE OR SHE COMMITS THE OFFENSE OF THEFT OF A CATALYTIC CONVERTER  IN
 THE  THIRD DEGREE AND HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1940A - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940A - 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-A1940A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1940--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M. of A. BUTTENSCHON, GALEF -- read once and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1940B - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940B - 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-A1940B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1940--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M. of A. BUTTENSCHON, GALEF -- 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

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1940C - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940C - 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-A1940C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1940--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A. BUTTENSCHON, GALEF, WILLIAMS -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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
 
 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 possession together 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 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 COMPONENT
 PART.  Such records shall be maintained in a manner and form  prescribed
 by  the  commissioner. The commissioner may, by regulation, exempt vehi-
 cles 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02256-06-2

co-Sponsors

2021-A1940D - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940D - 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-A1940D - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1940--D
                                                            R. R. 289
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 --
   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
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1940E (ACTIVE) - Details

See Senate Version of this Bill:
S9428
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415-a & 415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A11160

2021-A1940E (ACTIVE) - 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-A1940E (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1940--E
                                                            R. R. 289
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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