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S01560 Summary:

BILL NOS01560
 
SAME ASNo Same As
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Add §415-d, V & T L
 
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.
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S01560 Actions:

BILL NOS01560
 
01/12/2023REFERRED TO TRANSPORTATION
01/03/2024REFERRED TO TRANSPORTATION
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S01560 Memo:

Memo not available
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S01560 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1560
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2023
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- 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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04643-01-3

        S. 1560                             2
 
     1  recycling or rebuilding, a used catalytic  converter  from  any  person,
     2  entity  or  secondary  metals recycler unless: (a) such secondary metals
     3  recycler obtains a used catalytic converter transactions  permit  issued
     4  pursuant to subdivision seven of this section for such transactions; and
     5  (b) the entity that the secondary metals recycler obtains the used cata-
     6  lytic  converter  from  is  a holder of a valid used catalytic converter
     7  transactions permit or the person or entity can provide the  information
     8  required in subdivision four of this section.
     9    4.  A  person  or  entity  shall not sell or transfer a used catalytic
    10  converter to a secondary metals recycler unless such  person  or  entity
    11  whose  name  a certificate of title or other ownership document has been
    12  issued for the vehicle from  which  the  used  catalytic  converter  was
    13  removed provides such certificate or title to the secondary metals recy-
    14  cler and a document with the following information:
    15    (a)  name  of  the  person  or  entity that removed the used catalytic
    16  converter;
    17    (b) contact information of the person or entity that removed the  used
    18  catalytic converter, if available;
    19    (c)  the  make  and model of the vehicle from which the used catalytic
    20  converter was removed;
    21    (d) the vehicle identification number of the vehicle  from  which  the
    22  used catalytic converter was removed; and
    23    (e)  the part number or other identifying number of the used catalytic
    24  converter that was removed.
    25    5. Each sale, purchase or transfer of a used catalytic converter shall
    26  occur at the secondary metals recycler's place of business.
    27    6. Any documentation created during the sale, purchase or transfer  of
    28  a  used  catalytic converter including, but not limited to a receipt and
    29  the documentation required in subdivision four of this section shall  be
    30  retained  by  a  secondary metals recycler for a period of one year from
    31  the date of such sale, purchase or transfer. A  fine  of  five  thousand
    32  dollars may be incurred for each violation of this subdivision.
    33    7.  An application for a catalytic converter transactions permit shall
    34  be made to the commissioner on a form and for a fee prescribed by him or
    35  her which shall contain the name and address of the  applicant  and  the
    36  names  and  addresses  of all persons having a financial interest in the
    37  secondary metals recycler. Such used  catalytic  converter  transactions
    38  permit shall be renewed annually for a fee prescribed by the commission-
    39  er.
    40    8.  A  person  or the owner or owners of an entity or secondary metals
    41  recycler who is in possession of a used catalytic converter in violation
    42  of subdivisions three and four of this section shall be guilty of a:
    43    (a) class A misdemeanor and shall be fined not more than two  thousand
    44  five  hundred  dollars  for  the  first  offense per each used catalytic
    45  converter in his or her possession;
    46    (b) class A misdemeanor and shall be fined not more than five thousand
    47  dollars for the second offense per each used catalytic converter in  his
    48  or her possession; and
    49    (c)  class  E felony and shall be fined not more than fifteen thousand
    50  dollars for the third offense and any offense thereafter per  each  used
    51  catalytic converter in his or her possession.
    52    9.  The owner or owners of a secondary metals recycler who purchases a
    53  used catalytic converter without a valid used catalytic converter trans-
    54  actions permit in violation of subdivision three of this  section  shall
    55  be guilty of a:

        S. 1560                             3
 
     1    (a)  class A misdemeanor and shall be fined not more than ten thousand
     2  dollars  for  the  first  offense  per  each  used  catalytic  converter
     3  purchased;
     4    (b)  class  A misdemeanor and shall be fined not more than twenty-five
     5  thousand dollars for the second offense per each used catalytic convert-
     6  er purchased; and
     7    (c) class E felony and shall be fined not  more  than  fifty  thousand
     8  dollars  for  the third offense and any offense thereafter per each used
     9  catalytic converter purchased.
    10    10. The owner or owners of a secondary metals recycler who purchases a
    11  used catalytic converter without being provided the required  documenta-
    12  tion in violation of subdivision four of this section shall be guilty of
    13  a:
    14    (a)  class A misdemeanor and shall be fined not more than ten thousand
    15  dollars  for  the  first  offense  per  each  used  catalytic  converter
    16  purchased;
    17    (b)  class  A misdemeanor and shall be fined not more than twenty-five
    18  thousand dollars for the second offense per each used catalytic convert-
    19  er purchased; and
    20    (c) class E felony and shall be fined not  more  than  fifty  thousand
    21  dollars  for  the third offense and any offense thereafter per each used
    22  catalytic converter purchased.
    23    11. The commissioner shall prescribe such rules and regulations as  he
    24  or she shall deem necessary to carry out the provisions of this section.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it  shall have become a law. Effective immediately, the addition, amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation of this act on its effective date are authorized to be made on or
    29  before such date.
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