LOCAL LAW NO. “C” FOR 2022
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK REGULATING THE SALE OF USED CATALYTIC CONVERTERS
Introduced: 04/11/22
By Messrs. Cleary, A. Joyce, Feeney, Peter and Miller:
BE IT ENACTED by the Albany County Legislature as follows:
Section 1. Title
This local law shall be known as “Regulating the Sale of Used Catalytic Converters.”
Section 2. Legislative Intent
The Legislature hereby finds and determines that there has been an increase in thefts of used catalytic converters from vehicles in the County for the purpose of reselling the converters as scrap metal.
The Legislature further finds and determines that catalytic converter theft is a crime that is affecting an increasing number of families in the County. Accordingly, we must enact strategies and penalties to combat the problem.
The Legislature further finds and determines that requiring scrap metal recyclers doing business in Albany County to delay payment to sellers of used catalytic converters for at least fourteen (14) days after receipt of such devices will allow law enforcement additional time to investigate the theft of used catalytic converters and further discourage criminal conduct.
The Legislature also finds and determines that requiring scrap metal recyclers to maintain records of the purchase of used catalytic converters will assist law enforcement in the investigation of thefts of such devices.
Section 3. Purpose
The purpose of this Local Law to discourage the theft of catalytic converters from vehicles by requiring scrap metal recyclers doing business in Albany County to delay payments to sellers of used catalytic converters for at least fourteen (14) days after receipt and requiring scrap metal recyclers to maintain records of the purchase of such devices for three (3) years in order to aid law enforcement in the investigation of the theft of such devices.
Section 4. Definitions
As used in this local law, the following terms shall have the meanings indicated:
"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 thereto, as amended from time to time.
“Repair Shop" means a business enterprise that repairs vehicles and is certified by the New York State Department of Motor Vehicles,
"Scrap Metal Recycler” means a vehicle dismantler, salvage pool, mobile car crusher, itinerant vehicle collector or scrap processor doing business in Albany County; but shall not include a dealer registered pursuant to section four hundred fifteen of the New York Vehicle and Traffic Law, an insurance company, a governmental agency, a person in whose name a certificate of title, registration or other ownership document has been issued for the vehicle from which the Used Catalytic Converter was removed, or a Repair Shop.
"Used Catalytic Converter" means a Catalytic Converter that was previously installed in a vehicle and which has been removed from such vehicle in whole or in part.
Section 5. Prohibition.
No Scrap Metal Recycler shall purchase or take possession of, including for purposes of recycling or rebuilding, a Used Catalytic Converter from any person or entity other than a dealer registered pursuant to section four hundred fifteen of the Vehicle and Traffic Law, an insurance company, a governmental agency, a person in whose name a certificate of title or other ownership document has been issued for the vehicle from which the catalytic converter was removed, a Repair Shop, or a person registered or certified or issued an identification number for the vehicle under the Vehicle and Traffic Law.
Section 6. Maintenance of Records by Scrap Metal Recycler.
Each Scrap Metal Recycler who purchases or takes possession of, including for purposes of recycling or rebuilding, a Used Catalytic Converter shall record the purchase of the Used Catalytic Converter documenting the date of purchase, the name of seller, the seller's address or, in the case that the seller is an individual, the seller's residence address by street, number, city, village or town, the seller's driver's license number or information from a government issued photographic identification card, if any, or by such description as will reasonably locate the seller, or, if the seller is a Repair Shop, the Repair Shop's New York State Department of Motor Vehicles certification number. Such record shall be preserved by the Scrap Metal Recycler for a period of three years from the date of receipt of the Used Catalytic Converter. Such records shall be available for inspection by any law enforcement authority with jurisdiction over the Scrap Metal Recycler.
Each Scrap Metal Recycler shall cause the record of purchase of the Used Catalytic Converter to be signed by the seller or his or her agent. It shall be unlawful for any seller or agent to refuse to furnish such information or to furnish incorrect or incomplete information. The Scrap Metal Recycler shall make and retain a copy of the government issued photographic identification card used to verify the identity of the person from whom the Used Catalytic Converter was purchased or obtained and shall retain the copy in a separate book, register or electronic archive for three (3) years from the date of purchase. Such records shall be available for inspection by any law enforcement agency having jurisdiction over the Scrap Metal Recycler.
Section 7. Payments.
Payments by any Scrap Metal Recycler to a business, agency or private citizen who turns in a catalytic converter for scrap will be issued through check, with a copy of the check being held by the Scrap Metal Recycler for three years from the date of disbursement. Such records shall be available for inspection by any law enforcement agency having jurisdiction over the Scrap Metal Recycler.
Section 8. Violations
(A) Any person that violates this Local Law shall:
(1) be guilty of a class A misdemeanor, and
(2) upon conviction thereof, shall be punished by a fine not to exceed $300 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense.
(B) This Local Law shall be enforced by any local law enforcement agency having jurisdiction over the Scrap Metal Recycler located within the County of Albany.
Section 9. Severability.
If any clause, sentence, paragraph, section or chapter of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such determination shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or chapter thereof directly involved in the proceeding in which such adjudication shall have been rendered. This local law shall not supersede any applicable state or federal laws or regulations with regard to the subject matters set forth herein.
Section 10. Effective Date and Applicability
This local law shall be effective ninety (90) days subsequent to filing in the Office of the Secretary of State and shall apply to all transactions occurring on or after the effective date of this local law.
Referred to Law and Public Safety Committees - 4/11/22
Favorable Recommendation Law Committee - 9/28/22
Favorable Recommendation Public Safety Committee - 9/29/22