S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8629
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 415-d to read as follows:
   § 415-D. REGULATION OF USED CATALYTIC CONVERTERS. 1. AS USED  IN  THIS
 SECTION:
   (A)  "USED  CATALYTIC  CONVERTER" MEANS A CATALYTIC CONVERTER OR OTHER
 EQUIPMENT OR FEATURE CONSTITUTING AN  OPERATIONAL  ELEMENT  OF  A  MOTOR
 VEHICLE'S  AIR POLLUTION CONTROL SYSTEM OR MECHANISM REQUIRED BY FEDERAL
 OR STATE LAW OR BY ANY RULES OR REGULATIONS PROMULGATED PURSUANT  THERE-
 TO,  AS AMENDED THAT WAS PREVIOUSLY INSTALLED IN A VEHICLE AND WHICH HAS
 BEEN REMOVED FROM SUCH VEHICLE IN WHOLE OR IN PART  INCLUDING  THE  NON-
 FERROUS METAL COMPONENTS FROM A USED CATALYTIC CONVERTER.
   (B)  "SECONDARY  METALS  RECYCLER" MEANS A VEHICLE DISMANTLER, SALVAGE
 POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE COLLECTOR OR SCRAP PROCESSOR
 AS SUCH TERMS ARE DEFINED IN SECTION  FOUR  HUNDRED  FIFTEEN-A  OF  THIS
 ARTICLE.
   (C)  "USED  CATALYTIC  CONVERTER  TRANSACTIONS  PERMIT" MEANS A PERMIT
 ISSUED BY THE COMMISSIONER WHICH PERMITS THE HOLDER OF  SUCH  PERMIT  TO
 CARRY  OUT  TRANSACTIONS INCLUDING, BUT NOT LIMITED TO POSSESSING, SELL-
 ING, OR PURCHASING USED CATALYTIC CONVERTERS.
   2. NO PERSON, ENTITY OR  SECONDARY  METALS  RECYCLER  SHALL  PURCHASE,
 SELL,  TAKE  POSSESSION OF OR TRANSFER A USED CATALYTIC CONVERTER EXCEPT
 AS PROVIDED IN THIS SECTION.
   3. A SECONDARY METALS RECYCLER SHALL NOT PURCHASE, TAKE POSSESSION OF,
 TRANSFER OR SELL, INCLUDING, BUT NOT LIMITED  TO  FOR  THE  PURPOSES  OF
 RECYCLING  OR  REBUILDING,  A  USED CATALYTIC CONVERTER FROM ANY PERSON,
 ENTITY OR SECONDARY METALS RECYCLER UNLESS: (A)  SUCH  SECONDARY  METALS
 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
 
 PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION FOR SUCH TRANSACTIONS; AND
 (B) THE ENTITY THAT THE SECONDARY METALS RECYCLER OBTAINS THE USED CATA-
 LYTIC CONVERTER FROM IS A HOLDER OF A  VALID  USED  CATALYTIC  CONVERTER
 TRANSACTIONS  PERMIT OR THE PERSON OR ENTITY CAN PROVIDE THE INFORMATION
 REQUIRED IN SUBDIVISION FOUR OF THIS SECTION.
   4. A PERSON OR ENTITY SHALL NOT SELL  OR  TRANSFER  A  USED  CATALYTIC
 CONVERTER  TO  A  SECONDARY METALS RECYCLER UNLESS SUCH PERSON OR ENTITY
 WHOSE NAME A CERTIFICATE OF TITLE OR OTHER OWNERSHIP DOCUMENT  HAS  BEEN
 ISSUED  FOR  THE  VEHICLE  FROM  WHICH  THE USED CATALYTIC CONVERTER WAS
 REMOVED PROVIDES SUCH CERTIFICATE OR TITLE TO THE SECONDARY METALS RECY-
 CLER AND A DOCUMENT WITH THE FOLLOWING INFORMATION:
   (A) NAME OF THE PERSON OR  ENTITY  THAT  REMOVED  THE  USED  CATALYTIC
 CONVERTER;
   (B)  CONTACT INFORMATION OF THE PERSON OR ENTITY THAT REMOVED THE USED
 CATALYTIC CONVERTER, IF AVAILABLE;
   (C) THE MAKE AND MODEL OF THE VEHICLE FROM WHICH  THE  USED  CATALYTIC
 CONVERTER WAS REMOVED;
   (D)  THE  VEHICLE  IDENTIFICATION NUMBER OF THE VEHICLE FROM WHICH THE
 USED CATALYTIC CONVERTER WAS REMOVED; AND
   (E) THE PART NUMBER OR OTHER IDENTIFYING NUMBER OF THE USED  CATALYTIC
 CONVERTER THAT WAS REMOVED.
   5. EACH SALE, PURCHASE OR TRANSFER OF A USED CATALYTIC CONVERTER SHALL
 OCCUR AT THE SECONDARY METALS RECYCLER'S PLACE OF BUSINESS.
   6.  ANY DOCUMENTATION CREATED DURING THE SALE, PURCHASE OR TRANSFER OF
 A USED CATALYTIC CONVERTER INCLUDING, BUT NOT LIMITED TO A  RECEIPT  AND
 THE  DOCUMENTATION REQUIRED IN SUBDIVISION FOUR OF THIS SECTION SHALL BE
 RETAINED BY A SECONDARY METALS RECYCLER FOR A PERIOD OF  ONE  YEAR  FROM
 THE  DATE  OF  SUCH  SALE, PURCHASE OR TRANSFER. A FINE OF FIVE THOUSAND
 DOLLARS MAY BE INCURRED FOR EACH VIOLATION OF THIS SUBDIVISION.
   7. AN APPLICATION FOR A CATALYTIC CONVERTER TRANSACTIONS PERMIT  SHALL
 BE MADE TO THE COMMISSIONER ON A FORM AND FOR A FEE PRESCRIBED BY HIM OR
 HER  WHICH  SHALL  CONTAIN THE NAME AND ADDRESS OF THE APPLICANT AND THE
 NAMES AND ADDRESSES OF ALL PERSONS HAVING A FINANCIAL  INTEREST  IN  THE
 SECONDARY  METALS  RECYCLER.  SUCH USED CATALYTIC CONVERTER TRANSACTIONS
 PERMIT SHALL BE RENEWED ANNUALLY FOR A FEE PRESCRIBED BY THE COMMISSION-
 ER.
   8. A PERSON OR THE OWNER OR OWNERS OF AN ENTITY  OR  SECONDARY  METALS
 RECYCLER WHO IS IN POSSESSION OF A USED CATALYTIC CONVERTER IN VIOLATION
 OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION SHALL BE GUILTY OF A:
   (A)  CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN TWO THOUSAND
 FIVE HUNDRED DOLLARS FOR THE  FIRST  OFFENSE  PER  EACH  USED  CATALYTIC
 CONVERTER IN HIS OR HER POSSESSION;
   (B) CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN FIVE THOUSAND
 DOLLARS  FOR THE SECOND OFFENSE PER EACH USED CATALYTIC CONVERTER IN HIS
 OR HER POSSESSION; AND
   (C) CLASS E FELONY AND SHALL BE FINED NOT MORE THAN  FIFTEEN  THOUSAND
 DOLLARS  FOR  THE THIRD OFFENSE AND ANY OFFENSE THEREAFTER PER EACH USED
 CATALYTIC CONVERTER IN HIS OR HER POSSESSION.
   9. THE OWNER OR OWNERS OF A SECONDARY METALS RECYCLER WHO PURCHASES  A
 USED CATALYTIC CONVERTER WITHOUT A VALID USED CATALYTIC CONVERTER TRANS-
 ACTIONS  PERMIT  IN VIOLATION OF SUBDIVISION THREE OF THIS SECTION SHALL
 BE GUILTY OF A:
   (A) CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN TEN  THOUSAND
 DOLLARS  FOR  THE  FIRST  OFFENSE  PER  EACH  USED  CATALYTIC  CONVERTER
 PURCHASED;
 A. 8629                             3
 
   (B) CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE  THAN  TWENTY-FIVE
 THOUSAND DOLLARS FOR THE SECOND OFFENSE PER EACH USED CATALYTIC CONVERT-
 ER PURCHASED; AND
   (C)  CLASS  E  FELONY  AND SHALL BE FINED NOT MORE THAN FIFTY THOUSAND
 DOLLARS FOR THE THIRD OFFENSE AND ANY OFFENSE THEREAFTER PER  EACH  USED
 CATALYTIC CONVERTER PURCHASED.
   10. THE OWNER OR OWNERS OF A SECONDARY METALS RECYCLER WHO PURCHASES A
 USED  CATALYTIC CONVERTER WITHOUT BEING PROVIDED THE REQUIRED DOCUMENTA-
 TION IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL BE GUILTY OF
 A:
   (A) CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN TEN  THOUSAND
 DOLLARS  FOR  THE  FIRST  OFFENSE  PER  EACH  USED  CATALYTIC  CONVERTER
 PURCHASED;
   (B) CLASS A MISDEMEANOR AND SHALL BE FINED NOT MORE  THAN  TWENTY-FIVE
 THOUSAND DOLLARS FOR THE SECOND OFFENSE PER EACH USED CATALYTIC CONVERT-
 ER PURCHASED; AND
   (C)  CLASS  E  FELONY  AND SHALL BE FINED NOT MORE THAN FIFTY THOUSAND
 DOLLARS FOR THE THIRD OFFENSE AND ANY OFFENSE THEREAFTER PER  EACH  USED
 CATALYTIC CONVERTER PURCHASED.
   11.  THE COMMISSIONER SHALL PRESCRIBE SUCH RULES AND REGULATIONS AS HE
 OR SHE SHALL DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. 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 on or
 before such date.