Bill Text: NY A08629 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to restrictions and penalties for certain transactions involving used catalytic converters; establishes penalties for possessing, selling or buying a catalytic converter without a permit or proper documentation; defines terms.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2022-01-10 - referred to transportation [A08629 Detail]

Download: New_York-2021-A08629-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8629

                   IN ASSEMBLY

                                    January 10, 2022
                                       ___________

        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to restrictions
          and  penalties  for  certain  transactions  involving  used  catalytic
          converters

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 415-d to read as follows:
     3    § 415-d. Regulation of used catalytic converters. 1. As used  in  this
     4  section:
     5    (a)  "Used  catalytic  converter" means a catalytic converter or other
     6  equipment or feature constituting an  operational  element  of  a  motor
     7  vehicle's  air pollution control system or mechanism required by federal
     8  or state law or by any rules or regulations promulgated pursuant  there-
     9  to,  as amended that was previously installed in a vehicle and which has
    10  been removed from such vehicle in whole or in part  including  the  non-
    11  ferrous metal components from a used catalytic converter.
    12    (b)  "Secondary  metals  recycler" means a vehicle dismantler, salvage
    13  pool, mobile car crusher, itinerant vehicle collector or scrap processor
    14  as such terms are defined in section  four  hundred  fifteen-a  of  this
    15  article.
    16    (c)  "Used  catalytic  converter  transactions  permit" means a permit
    17  issued by the commissioner which permits the holder of  such  permit  to
    18  carry  out  transactions including, but not limited to possessing, sell-
    19  ing, or purchasing used catalytic converters.
    20    2. No person, entity or  secondary  metals  recycler  shall  purchase,
    21  sell,  take  possession of or transfer a used catalytic converter except
    22  as provided in this section.
    23    3. A secondary metals recycler shall not purchase, take possession of,
    24  transfer or sell, including, but not limited  to  for  the  purposes  of
    25  recycling  or  rebuilding,  a  used catalytic converter from any person,
    26  entity or secondary metals recycler unless: (a)  such  secondary  metals
    27  recycler  obtains  a used catalytic converter transactions permit issued

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13419-01-1

        A. 8629                             2

     1  pursuant to subdivision seven of this section for such transactions; and
     2  (b) the entity that the secondary metals recycler obtains the used cata-
     3  lytic converter from is a holder of a  valid  used  catalytic  converter
     4  transactions  permit or the person or entity can provide the information
     5  required in subdivision four of this section.
     6    4. A person or entity shall not sell  or  transfer  a  used  catalytic
     7  converter  to  a  secondary metals recycler unless such person or entity
     8  whose name a certificate of title or other ownership document  has  been
     9  issued  for  the  vehicle  from  which  the used catalytic converter was
    10  removed provides such certificate or title to the secondary metals recy-
    11  cler and a document with the following information:
    12    (a) name of the person or  entity  that  removed  the  used  catalytic
    13  converter;
    14    (b)  contact information of the person or entity that removed the used
    15  catalytic converter, if available;
    16    (c) the make and model of the vehicle from which  the  used  catalytic
    17  converter was removed;
    18    (d)  the  vehicle  identification number of the vehicle from which the
    19  used catalytic converter was removed; and
    20    (e) the part number or other identifying number of the used  catalytic
    21  converter that was removed.
    22    5. Each sale, purchase or transfer of a used catalytic converter shall
    23  occur at the secondary metals recycler's place of business.
    24    6.  Any documentation created during the sale, purchase or transfer of
    25  a used catalytic converter including, but not limited to a  receipt  and
    26  the  documentation required in subdivision four of this section shall be
    27  retained by a secondary metals recycler for a period of  one  year  from
    28  the  date  of  such  sale, purchase or transfer. A fine of five thousand
    29  dollars may be incurred for each violation of this subdivision.
    30    7. An application for a catalytic converter transactions permit  shall
    31  be made to the commissioner on a form and for a fee prescribed by him or
    32  her  which  shall  contain the name and address of the applicant and the
    33  names and addresses of all persons having a financial  interest  in  the
    34  secondary  metals  recycler.  Such used catalytic converter transactions
    35  permit shall be renewed annually for a fee prescribed by the commission-
    36  er.
    37    8. A person or the owner or owners of an entity  or  secondary  metals
    38  recycler who is in possession of a used catalytic converter in violation
    39  of subdivisions three and four of this section shall be guilty of a:
    40    (a)  class A misdemeanor and shall be fined not more than two thousand
    41  five hundred dollars for the  first  offense  per  each  used  catalytic
    42  converter in his or her possession;
    43    (b) class A misdemeanor and shall be fined not more than five thousand
    44  dollars  for the second offense per each used catalytic converter in his
    45  or her possession; and
    46    (c) class E felony and shall be fined not more than  fifteen  thousand
    47  dollars  for  the third offense and any offense thereafter per each used
    48  catalytic converter in his or her possession.
    49    9. The owner or owners of a secondary metals recycler who purchases  a
    50  used catalytic converter without a valid used catalytic converter trans-
    51  actions  permit  in violation of subdivision three of this section shall
    52  be guilty of a:
    53    (a) class A misdemeanor and shall be fined not more than ten  thousand
    54  dollars  for  the  first  offense  per  each  used  catalytic  converter
    55  purchased;

        A. 8629                             3

     1    (b) class A misdemeanor and shall be fined not more  than  twenty-five
     2  thousand dollars for the second offense per each used catalytic convert-
     3  er purchased; and
     4    (c)  class  E  felony  and shall be fined not more than fifty thousand
     5  dollars for the third offense and any offense thereafter per  each  used
     6  catalytic converter purchased.
     7    10. The owner or owners of a secondary metals recycler who purchases a
     8  used  catalytic converter without being provided the required documenta-
     9  tion in violation of subdivision four of this section shall be guilty of
    10  a:
    11    (a) class A misdemeanor and shall be fined not more than ten  thousand
    12  dollars  for  the  first  offense  per  each  used  catalytic  converter
    13  purchased;
    14    (b) class A misdemeanor and shall be fined not more  than  twenty-five
    15  thousand dollars for the second offense per each used catalytic convert-
    16  er purchased; and
    17    (c)  class  E  felony  and shall be fined not more than fifty thousand
    18  dollars for the third offense and any offense thereafter per  each  used
    19  catalytic converter purchased.
    20    11.  The commissioner shall prescribe such rules and regulations as he
    21  or she shall deem necessary to carry out the provisions of this section.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law. Effective immediately, the addition,  amend-
    24  ment and/or repeal of any rule or regulation necessary for the implemen-
    25  tation of this act on its effective date are authorized to be made on or
    26  before such date.
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