Counsel’s Corner Local Laws of 2022 By Patrick Cummings, NYSAC Counsel
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YSAC tracks and makes available local laws that have been passed in our member counties. Understanding what other counties are doing to address their local issues or needs can provide ideas for you, our local leaders, to use in some variation in your county.
Link to full text of the local law: https://on.ny.gov/3CL73oR
Columbia County Passes Local Law Allowing for Virtual Public Meeting
Nassau County Passes Local Law to Combat Catalytic Converter Theft
When the COVID-19 related State of Emergency Declaration ended in New York, local governments were once again required to hold public meetings in person.
In an effort to stop rapidly increasing incidents of catalytic converter theft, on May 23, 2022, Nassau County enacted a local law requiring metal scrap shops to require additional documentation when purchasing scrap catalytic converters and provide that information to law enforcement.
However, on April 9, 2022, the State amended the Open Meetings Law to allow the expanded use of videoconferencing by public bodies in the conduct of open meetings, under extraordinary circumstance, regardless of a declaration of emergency. Under this amendment, a local government must pass a local law prior to allowing into this public meeting virtual option. On May 11th, the Columbia County Board of Supervisors enacted such a local law allowing for continued Hybrid Public Meetings within the parameters and allowances of state law, which include:
Catalytic converters are required emissions control devices that reduce harmful pollutants in exhaust gas from internal combustion engines. These devices are affixed under cars and contain precious metals that can be repurposed and sold to scrap metal dealers. If taken off a car, it costs car owners thousands of dollars to replace. The law now states any person attempting to sell a catalytic converter to a purchaser must provide the following information:
A. A quorum of the Board must still meet in person at a physical location open to the public,
A. the year, make, model, and vehicle identification number for the vehicle from which the part was removed, and
B. Members of the Board of Supervisors may attend meetings virtually only under “extraordinary circumstances” which are defined as: “disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting”,
B. a copy of the certificate of title or other documentation indicating that the seller has an ownership interest in the vehicle.
C. The meeting minutes must identify which, if any, Board members are participating remotely, D. If any Board member is meeting virtually, the public will be allowed to attend virtually as well, and E. Each meeting conducted using videoconferencing shall be recorded and such recordings posted or linked on the 52
public website of the Board within five [5] business days following the meeting and shall remain so available for a minimum of five [5] years.
NYSAC News | Fall 2022
The purchaser is then required to: A. keep an accurate electronic record of each purchase of a catalytic converter, B. keep each record for at least 5 years, and C. make such records available for inspection not later than seventy-two (72) hours after the date of purchase. Link to the full text of the local law: https://on.ny.gov/3s49iyt
