S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9428
 
                             I N  S E N A T E
 
                               May 26, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02256-20-2
 S. 9428                             2
 
 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.