Add Art 12-E §399-u, V & T L; amd §§165.55, 165.45 & 60.27, Pen L
Regulates the purchase and sale of catalytic converters; permits only licensed or regulated scrap metal dealers, vehicle dealers, vehicle dismantlers or repair shops to possess, purchase or sell catalytic converters; makes unlawful possession an E felony; requires restitution.
STATE OF NEW YORK
________________________________________________________________________
8841
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to regulating the purchase and sale of 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 article 12-E to read as follows:
3 ARTICLE 12-E
4 CATALYTIC CONVERTERS
5 Section 399-u. Catalytic converters.
6 § 399-u. Catalytic converters. 1. For the purposes of this article
7 "catalytic converter" means an exhaust emission control device which
8 modifies exhaust gas from an internal combustion engine by catalyzing a
9 redox reaction.
10 2. (a) Any person engaged in the business of buying or selling unat-
11 tached catalytic converters as separate items, not as part of a scrapped
12 or dismantled motor vehicle, shall be registered as either a scrap metal
13 dealer under article six-C of the general business law, a dealer or
14 vehicle dismantler under article sixteen of this chapter or a repair
15 shop licensed under section three hundred ninety-eight-b of this chap-
16 ter.
17 (b) Any person who purchases a used, detached catalytic converter
18 shall be registered as either a scrap metal dealer under article six-C
19 of the general business law, a dealer or vehicle dismantler under arti-
20 cle sixteen of this chapter or a repair shop licensed under section
21 three hundred ninety-eight-b of this chapter.
22 3. A scrap metal dealer, as defined in article six-C of the general
23 business law, shall not purchase or otherwise acquire a used, detached
24 catalytic converter or any nonferrous metal part of such converter
25 unless:
26 (a) The used, detached catalytic converter is purchased at a site
27 licensed by the department through an in-person transaction; and
28 (b) The scrap metal dealer:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11802-01-3
A. 8841 2
1 (i) obtains, verifies, and maintains all identification of the seller
2 and the vehicle the catalytic converter was removed from, including
3 year, make, model and vehicle identification number; and
4 (ii) obtains and maintains a copy of the seller's license or a copy of
5 the documentation and vehicle registration.
6 4. A used, detached catalytic converter or any part of such converter
7 shall not be shipped, unless the converter or part of such converter is
8 being shipped between licensed entities.
9 5. A scrap metal dealer shall indicate in the scrap metal dealer's
10 records any obvious markings on the used, detached catalytic converter,
11 including labels, and engravings, that would aid in the identification
12 of such catalytic converter.
13 6. Only the following persons may possess or sell a used, detached
14 catalytic converter:
15 (a) a motor vehicle dismantler and recycler required to be licensed by
16 the department;
17 (b) a licensed scrap metal processing facility or scrap processor;
18 (c) a motor vehicle dealer licensed by the department;
19 (d) a licensed motor vehicle repair shop or a mechanic employed at a
20 repair shop in the course of business of such licensed entity;
21 (e) any other licensed business that may reasonably generate, possess,
22 or sell used, detached catalytic converters; or
23 (f) an individual who possesses documentation indicating that the
24 catalytic converter in the individual's possession is the result of a
25 replacement of a catalytic converter from a vehicle registered in that
26 individual's name.
27 7. The provisions of this section shall not be deemed to prohibit a
28 registered vehicle dismantler or other persons engaged in the transfer
29 or disposal of junk and salvage vehicles, or a licensed scrap metal
30 processor, from transporting and selling used, detached catalytic
31 converters for the recovery of the metals or other components thereof.
32 § 2. Section 165.55 of the penal law is amended by adding a new subdi-
33 vision 5 to read as follows:
34 5. Any person who possesses two or more catalytic converters and who
35 does not possess a required license as set forth in article twelve-E of
36 the vehicle and traffic law shall be presumed to know that such catalyt-
37 ic converters are stolen property.
38 § 3. Section 165.45 of the penal law is amended by adding a new subdi-
39 vision 8 to read as follows:
40 8. The person possesses a used, detached catalytic converter which
41 such person is not otherwise authorized to possess pursuant to article
42 twelve-E of the vehicle and traffic law. Each unlawfully obtained or
43 possessed used, detached catalytic converter shall be a separate
44 violation. Where an individual is convicted under this subdivision any
45 catalytic converter in the possession of such person shall be subject to
46 seizure and forfeiture by law enforcement officers.
47 § 4. Section 60.27 of the penal law is amended by adding a new subdi-
48 vision 15 to read as follows:
49 15. If the offense of which a person is convicted is defined in subdi-
50 vision eight of section 165.45 of this chapter the court, in addition to
51 any other sentence, shall order the defendant to pay for the repair and
52 replacement of the catalytic converter.
53 § 5. This act shall take effect on the thirtieth day after it shall
54 have become a law.
