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.
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.