Senate Bill S1560

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1560
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04643-01-3
              

 S. 1560                             2
 
 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
 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:
 S. 1560                             3
 
   (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.
   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.