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.