NY State Senate Bill 2025-S4822

Current Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2025	referred to transportation

2025-S4822 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 12-E §399-u, §415-d, amd §301, V & T L; amd §§69-e, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L; amd §2336, Ins L
Versions Introduced in 2023-2024 Legislative Session:: S8769

2025-S4822 (ACTIVE) - Summary

Imposes certain restrictions on catalytic converters; requires all vehicle catalytic converters to be indelibly marked or engraved with a readily observable vehicle serial number; provides a reduction in premium charges for certain motor vehicle liability, comprehensive and collision insurance rates with respect to automobiles equipped with a catalytic converter which contains the vehicle identification number of the vehicle.

2025-S4822 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4822

SPONSOR: RYAN S
 
TITLE OF BILL:

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

 
PURPOSE:

To deter theft of catalytic converters through imposition of a tracking
system and reporting requirements.

 
SUMMARY OF PROVISIONS:

Section 1: amends the vehicle and traffic law by adding a new article
12-e, which specifies that scrap processors need to be licensed, and
need to record information about the sale and seller of catalytic
converters, including: the seller's name and address, the seller's ID,
and the vehicle identification number marked or engraved on the catalyt-
ic converter.

Section 2: amends the vehicle and traffic law by adding a new paragraph
5 to subdivision (d) of section 301, which requires retail dealers to
mark or engrave the catalytic converter with the vehicle identification
number.

Section 3: amends section 69-e of the general business law to update the
definition of scrap metal processing facility. It also adds definitions
for "government issued photo identification," "catalytic converter,"
"end of life vehicle," and "scrap catalytic converter" to be consistent
with vehicle and traffic law.

Section 4: amends section 69-g of the general business law to update
record keeping requirements for scrap metal processing facilities to be
consistent with vehicle and traffic law. Establishes a minimum threshold
for being licensed as a scrap processor or vehicle dismantler. Requires
installation of electronic video recording systems at all scrap metal
processing facilities.

Section 5: renumbers section 69-h of the general business law 69-i, and
creates two new sections of general business law, 69-h and 69-j.Section
69-h prohibits scrap metal processing facilities from purchasing any
scrap metal items bearing markings of any governmental entity, utility
company, cemetery, or railroad unless the items are offered for sale by
an employee or agent of such entity. Section 69-j specifies that
sections 69-g and 69-h preempt and supersede all local ordinances,
rules, regulations, codes or statutes regarding the purchase and sale of
scrap metal and record keeping pertaining thereto.

Section 6: amends section 69-i, by establishing more serious penalties
for violations. A first violation shall be subject to a maximum fine of
one thousand dollars and/or a maximum imprisonment of fifteen days. A
second violation in a two-year period shall be a misdemeanor, subject to
a maximum fine of five thousand dollars and/or a maximum imprisonment of
one year. Section 69-i also specifies that violators may be subject to a
fine of up to double the value of any money or property earned through
the commission of the offense.
Section 7: adds a new subsection (i) to section 2336 of the insurance
law, which specifies that car insurers shall provide discounts for cata-
lytic converters engraved or indelibly marked with the vehicle identifi-
cation number.

Section 8: effective date.

 
JUSTIFICATION:

A catalytic converter is an exhaust emission control device that
converts toxic gases and pollutants from an internal combustion engine
into less-toxic pollutants via a redox reaction. Catalytic converters
have been installed in vehicles since the 1970s and all vehicles are
required to have a catalytic converter by the EPA.  Because of the
external location and the use of precious metals such as platinum,
palladium, and rhodium, catalytic converters are a target for thieves.
Rates of catalytic converter thefts have increased over the past few
decades, with a spike in 2020 due to high metal prices. Bolt-on catalyt-
ic converters are especially easy to remove, but welded on converters
can be easily cut off as well. 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. It
can cost thousands of dollars to replace a catalytic converter, and with
further damage to the vehicle occurring during the theft of the convert-
er, it can cost much more.

Thieves typically 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 theft cases nearly impossible to solve. This
legislation will deter thieves from stealing catalytic converters in the
first place by requiring that vehicle dismantlers and scrap processors
collect and store information on the seller of a catalytic converter.
This information may be used by law enforcement in theft investigations
and will ensure consequences for those caught stealing these vital piec-
es of equipment.

This bill will establish uniform standards to deter the crime of scrap
theft by requiring scrap recycling facilities to maintain video surveil-
lance at points of sale. Penalties for disregarding these deterrent
measures are established to provide a means of enforcement.  Presently,
a hodgepodge of inconsistent local laws imposing conflicting operation
and reporting requirements impedes the scrap processing industry. This
bill establishes a uniform reporting standard to minimize the burden of
companies that operate multiple scrap processing facilities throughout
the State.

 
LEGISLATIVE HISTORY:

2022: A.10362/S.9242 - referred to transportation

2023: A.1524 - referred to transportation

2024: A.9056/S.8769 - referred to transportation

 
FISCAL IMPLICATIONS:

To be determined.
 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect addition, amendment and/or implementation of
this act and completed on or before January 1, 2026. Effective imme-
diately, the repeal of any rule or regulation necessary for the on its
effective date are authorized to be made such effective date.

2025-S4822 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4822
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04241-02-5
 S. 4822                             2

 
   (C) RECORD THE VEHICLE IDENTIFICATION NUMBER, IF ANY, AFFIXED TO  EACH
 SUCH USED OR SCRAP CATALYTIC CONVERTER PURCHASED FROM A SELLER.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 415-d to read as follows:
   § 415-D. CATALYTIC CONVERTER VEHICLE  IDENTIFICATION  NUMBER  REQUIRE-
 MENTS.  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 THE VEHICLE IDENTIFICATION NUMBER OF THE VEHI-
 CLE.
   § 3. 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.
   §  4.  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
 S. 4822                             3
 
 signed  by the seller or [his] SUCH SELLER'S 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 identifica-
 tion  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 sepa-
 rate 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 VEHICLE IDENTIFICATION NUMBER,  IF  ANY,  AFFIXED  TO
 EACH SUCH CATALYTIC CONVERTER PURCHASED FROM EACH SELLER.
   4.  NO  LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX, SCRAP METAL
 PROCESSING FACILITIES AND VEHICLE DISMANTLING FACILITIES  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 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.
   §  5.  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.  PRIOR  AUTHORIZATION  FOR  CERTAIN  SCRAP  METAL  PURCHASES.
 NOTWITHSTANDING  ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRA-
 RY, IT SHALL BE UNLAWFUL  FOR  A  SCRAP  METAL  PROCESSING  FACILITY  TO
 PURCHASE  AS  SCRAP ANY METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL
 ENTITY, UTILITY COMPANY, CEMETERY OR  RAILROAD  UNLESS  SUCH  ITEMS  ARE
 OFFERED  FOR SALE BY AN EMPLOYEE OR AGENT THEREOF WITH THE EXPRESS WRIT-
 TEN 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 OR A VEHICLE PART;
   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 OR A VEHICLE  DISMANTLING
 FACILITY TO HOLD SCRAP MATERIAL OR A VEHICLE PART FOR A SPECIFIED PERIOD
 OF TIME PRIOR TO THE PROCESSING OR SALE OF SAID SCRAP MATERIAL; OR
   4. SPECIFY A MANNER OF PAYMENT.
 S. 4822                             4

   § 6. Section 69-i of the general business law, as added by chapter 431
 of  the  laws  of 1976 and as renumbered by section five 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.
   §  7.  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 THE  VEHICLE  IDENTIFICA-
 TION NUMBER OF THE VEHICLE HAS BEEN MARKED OR ENGRAVED.
   §  8. This act shall take effect January 1, 2026. 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.

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Senate Bill S4822

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2025-S4822 (ACTIVE) - Details

2025-S4822 (ACTIVE) - Summary

2025-S4822 (ACTIVE) - Sponsor Memo

2025-S4822 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4822

Share this bill

Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Transportation Committee

2025-S4822 (ACTIVE) - Details

2025-S4822 (ACTIVE) - Summary

2025-S4822 (ACTIVE) - Sponsor Memo

2025-S4822 (ACTIVE) - Bill Text download pdf

Comments