S T A T E O F N E W Y O R K
________________________________________________________________________
7799
2023-2024 Regular Sessions
I N A S S E M B L Y
June 15, 2023
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the receipt of
catalytic converters by junk dealers and scrap dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
62-a to read as follows:
§ 62-A. CATALYTIC CONVERTERS. 1. EXCEPT AS PROVIDED IN SUBDIVISIONS
TWO AND THREE OF THIS SECTION, NO JUNK DEALER, JUNK YARD OWNER OR OPERA-
TOR, OR SCRAP METAL PROCESSOR OR SCRAP METAL PROCESSING FACILITY AS
DESCRIBED IN ARTICLE SIX-C OF THIS CHAPTER MAY RECEIVE A CATALYTIC
CONVERTER OF A MOTOR VEHICLE THAT IS NOT ATTACHED TO SUCH MOTOR VEHICLE
UNLESS SUCH PROCESSOR, DEALER, OWNER, OPERATOR PROCESSOR OR FACILITY, AT
THE TIME OF RECEIPT:
A. RECORDS THE PLACE AND DATE OF THE TRANSACTION, A DESCRIPTION OF THE
CATALYTIC CONVERTER, INCLUDING ITEM TYPE AND IDENTIFICATION NUMBER, IF
ANY, AND THE AMOUNT PAID FOR THE CATALYTIC CONVERTER;
B. RECORDS A DESCRIPTION OF THE SELLER AND THE SELLER'S NAME, RESI-
DENCE ADDRESS AND MOTOR VEHICLE OPERATOR'S LICENSE OR IDENTITY CARD
NUMBER OR, IF THE SELLER IS A BUSINESS, THE NAME, ADDRESS AND TELEPHONE
NUMBER OF THE BUSINESS;
C. RECORDS THE NUMBER PLATE OF THE MOTOR VEHICLE USED TO TRANSPORT THE
CATALYTIC CONVERTER TO THE LICENSEE;
D. OBTAINS FROM THE SELLER A STATEMENT (I) THAT THE SELLER IS THE
OWNER OF SUCH CATALYTIC CONVERTER, OR (II) IDENTIFYING THE NAME OF THE
PERSON FROM WHOM THE SELLER OBTAINED THE CATALYTIC CONVERTER, AS SHOWN
ON A SIGNED TRANSFER DOCUMENT; AND
E. TAKES A CLEAR PHOTOGRAPH OR VIDEO OF THE SELLER, THE MOTOR VEHICLE
OPERATOR'S LICENSE OR IDENTITY CARD OF THE SELLER AND THE CATALYTIC
CONVERTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02950-03-3
A. 7799 2
2. NO JUNK DEALER, JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL PROCES-
SOR OR SCRAP METAL PROCESSING FACILITY AS DESCRIBED IN ARTICLE SIX-C OF
THIS CHAPTER MAY RECEIVE A CATALYTIC CONVERTER OF A MOTOR VEHICLE THAT
IS NOT ATTACHED TO SUCH MOTOR VEHICLE FROM A MOTOR VEHICLE RECYCLER
UNLESS:
A. SUCH CATALYTIC CONVERTER HAS A STOCK NUMBER AFFIXED TO OR WRITTEN
ON SUCH CONVERTER BY SUCH RECYCLER; AND
B. AT THE TIME OF RECEIPT, SUCH PROCESSOR, DEALER, OWNER OR OPERATOR
(I) RECEIVES A WRITTEN STATEMENT ON SUCH RECYCLER'S LETTERHEAD THAT
INCLUDES THE STOCK NUMBER OF THE CATALYTIC CONVERTER AND THE VEHICLE
IDENTIFICATION NUMBER OF THE MOTOR VEHICLE FROM WHICH SUCH CATALYTIC
CONVERTER WAS DETACHED, PROVIDED A SINGLE WRITTEN STATEMENT MAY BE USED
FOR A TRANSACTION INVOLVING MORE THAN ONE CATALYTIC CONVERTER, AND (II)
TAKES A CLEAR PHOTOGRAPH OR VIDEO OF THE EMPLOYEE OF SUCH RECYCLER WHO
IS TRANSFERRING THE CATALYTIC CONVERTER AND SUCH EMPLOYEE'S MOTOR VEHI-
CLE OPERATOR'S LICENSE OR IDENTITY CARD.
3. NO JUNK DEALER, JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL PROCES-
SOR OR SCRAP METAL PROCESSING FACILITY AS DESCRIBED IN ARTICLE SIX-C OF
THIS CHAPTER MAY RECEIVE A CATALYTIC CONVERTER OF A MOTOR VEHICLE THAT
IS NOT ATTACHED TO SUCH MOTOR VEHICLE FROM A MOTOR VEHICLE REPAIR SHOP
UNLESS:
A. SUCH CATALYTIC CONVERTER WAS REMOVED FROM A MOTOR VEHICLE THAT WAS
SERVICED BY SUCH SHOP;
B. SUCH CATALYTIC CONVERTER HAS A STOCK NUMBER AFFIXED TO OR WRITTEN
ON SUCH CONVERTER BY SUCH SHOP; AND
C. AT THE TIME OF RECEIPT, SUCH PROCESSOR, DEALER, OWNER OR OPERATOR
(I) RECEIVES A WRITTEN STATEMENT ON SUCH SHOP'S LETTERHEAD THAT INCLUDES
THE STOCK NUMBER AFFIXED TO OR WRITTEN ON SUCH CONVERTER, INFORMATION ON
THE MOTOR VEHICLE FROM WHICH SUCH CATALYTIC CONVERTER WAS DETACHED,
INCLUDING THE VEHICLE IDENTIFICATION NUMBER AND REGISTRATION NUMBER, IF
APPLICABLE, OF THE MOTOR VEHICLE AND A RECEIPT FOR THE SERVICES
PERFORMED ON SUCH MOTOR VEHICLE, PROVIDED A SINGLE WRITTEN STATEMENT MAY
BE USED FOR A TRANSACTION INVOLVING MORE THAN ONE CATALYTIC CONVERTER,
AND (II) TAKES A CLEAR PHOTOGRAPH OR VIDEO OF THE EMPLOYEE OF SUCH SHOP
WHO IS TRANSFERRING THE CATALYTIC CONVERTER AND SUCH EMPLOYEE'S MOTOR
VEHICLE OPERATOR'S LICENSE OR IDENTITY CARD.
4. A PERSON SELLING A CATALYTIC CONVERTER PURSUANT TO SUBDIVISION ONE
OF THIS SECTION MAY SELL ONLY ONE CATALYTIC CONVERTER TO A JUNK DEALER,
JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL PROCESSOR OR SCRAP METAL
PROCESSING FACILITY AS DESCRIBED IN ARTICLE SIX-C OF THIS CHAPTER PER
DAY.
5. A JUNK DEALER, JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL PROCESS-
OR OR SCRAP METAL PROCESSING FACILITY AS DESCRIBED IN ARTICLE SIX-C OF
THIS CHAPTER MAY ONLY PAY A SELLER OF A CATALYTIC CONVERTER BY CHECK. IF
THE SELLER IS A MOTOR VEHICLE RECYCLER OR MOTOR VEHICLE REPAIR SHOP,
SUCH CHECK SHALL BE PAYABLE TO THE MOTOR VEHICLE RECYCLER OR MOTOR VEHI-
CLE REPAIR SHOP. IF THE SELLER IS NOT A MOTOR VEHICLE RECYCLER OR MOTOR
VEHICLE REPAIR SHOP, SUCH PROCESSOR, DEALER, OWNER OR OPERATOR SHALL
EITHER:
A. SEND THE CHECK TO THE ADDRESS PROVIDED BY THE SELLER PURSUANT TO
PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION; OR
B. HOLD THE CHECK AT SUCH PROCESSOR'S, DEALER'S, OWNER'S OR OPERATOR'S
PLACE OF BUSINESS OR FACILITY FOR COLLECTION BY THE SELLER NOT EARLIER
THAN THE THIRD BUSINESS DAY AFTER THE DATE OF THE PURCHASE OF SUCH CATA-
LYTIC CONVERTER BY SUCH PROCESSOR, DEALER, OWNER OR OPERATOR.
A. 7799 3
6. A JUNK DEALER, JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL PROCESS-
OR OR SCRAP METAL PROCESSING FACILITY AS DESCRIBED IN ARTICLE SIX-C OF
THIS CHAPTER MAY ONLY SELL A CATALYTIC CONVERTER THAT SUCH PROCESSOR,
DEALER, OWNER OR OPERATOR RECEIVED IN COMPLIANCE WITH THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, AND MAY SELL SUCH CATALYTIC CONVERTERS
WITHOUT ANY LIMITATION ON THE NUMBER THAT MAY BE SOLD PER DAY.
7. EACH JUNK DEALER, JUNK YARD OWNER OR OPERATOR, OR SCRAP METAL
PROCESSOR OR SCRAP METAL PROCESSING FACILITY AS DESCRIBED IN ARTICLE
SIX-C OF THIS CHAPTER SHALL SUBMIT TO THE DIVISION OF STATE POLICE, ON A
MONTHLY BASIS OR MORE FREQUENTLY AS DETERMINED BY THE SUPERINTENDENT OF
STATE POLICE UPON CONSIDERATION OF THE VOLUME AND NATURE OF THE BUSI-
NESS, A SWORN STATEMENT OF SUCH PROCESSOR'S, DEALER'S, OWNER'S, OPERA-
TOR'S OR FACILITY'S CATALYTIC CONVERTER TRANSACTIONS, (I) DESCRIBING THE
PROPERTY RECEIVED, (II) SETTING FORTH THE NATURE AND TERMS OF EACH TRAN-
SACTION, AND (III) IDENTIFYING THE NAME AND ADDRESS OF THE MOTOR VEHICLE
RECYCLER OR MOTOR VEHICLE REPAIR SHOP FROM WHICH THE PROPERTY WAS
RECEIVED, OR IDENTIFYING THE NAME AND RESIDENCE ADDRESS AND PROVIDING A
DESCRIPTION OF THE PERSON FROM WHOM THE PROPERTY WAS RECEIVED. SUCH
STATEMENT SHALL BE IN AN ELECTRONIC FORMAT PRESCRIBED BY THE SUPERINTEN-
DENT OF STATE POLICE. THE SUPERINTENDENT OF STATE POLICE MAY GRANT AN
EXEMPTION FROM THE REQUIREMENT OF SUBMITTING SUCH STATEMENT IN ELECTRON-
IC FORMAT FOR GOOD CAUSE SHOWN. THE SUPERINTENDENT OF STATE POLICE SHALL
INCLUDE INFORMATION SUBMITTED PURSUANT TO THIS SECTION IN ANY DATABASE
THAT STORES INFORMATION RELATING TO TRANSACTIONS BY JUNK DEALERS, JUNK
YARD OWNERS OR OPERATORS, OR SCRAP METAL PROCESSORS OR SCRAP METAL PROC-
ESSING FACILITIES.
8. THE COMMISSIONER OF MOTOR VEHICLES SHALL ADOPT REGULATIONS CONCERN-
ING THE CREATION AND RETENTION OF DOCUMENTS AND OTHER RECORDS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION. SUCH DOCUMENTS AND RECORDS SHALL BE
OPEN FOR INSPECTION BY LAW ENFORCEMENT OFFICIALS UPON REQUEST DURING
NORMAL BUSINESS HOURS.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.