This Legislature finds and determines that the increase in market
value of scrap metal potentially induces the theft of ferrous and
nonferrous metal, end-of-life vehicles and catalytic converters. Therefore,
the purpose of this chapter is to require additional record-keeping
requirements for scrap metal processors, auto dismantlers, junk dealers,
core buyers, and entities operating as such, and to establish significant
penalties for the violation of the provisions enacted hereunder.
As used in this chapter, the following terms shall have the
meanings indicated:
CORE BUYER
A person, association, partnership, corporation of an itinerant
nature or other entity which is engaged in the business of purchasing
and/or acquiring catalytic converters, automobile radiators, batteries
and other small-component motor vehicle parts for resale as such.
END-OF-LIFE VEHICLE
Any motor vehicle sold, given, or otherwise disposed of as
junk or salvage.
GOVERNMENT-ISSUED PHOTO IDENTIFICATION
A valid federal, state or local government-issued identification
card bearing a current photograph of the card's holder. Examples include
a driver's license, passport, military identification or resident
alien card.
JUNK DEALER
Any person, association, partnership, corporation or other
entity engaged in the business of purchasing or selling old metal
and/or core motor vehicle parts such as catalytic converters, radiators,
batteries and such.
LAW ENFORCEMENT OFFICER
The Commissioner of the Suffolk County Police Department,
his or her designee, the chief of any town or village police department
within the County of Suffolk, his or her designee, or any officer
of such police department.
PURCHASER
A scrap metal processor, vehicle dismantler, junk dealer,
core buyer and/or a person, association, partnership, corporation
or other entity who or which purchases or contracts to purchase ferrous
and nonferrous scrap metal, end-of-life vehicles and catalytic converters,
including any such person or entity who or which does not maintain
a fixed place of business in the County of Suffolk but enters into
the County of Suffolk to purchase scrap metal.
SCRAP METAL
Ferrous and nonferrous metal, including but not limited to
copper, aluminum, bronze, brass, tin and metals commonly purchased
for reprocessing, and material which is or may have been a vehicle
or vehicle part purchased for processing into a form other than a
vehicle or vehicle part.
SCRAP METAL PROCESSOR
A person, association, partnership, corporation or other
entity engaged primarily in the purchase, processing and shipment
of ferrous and/or nonferrous scrap, the end product of which is the
production of raw material for remelting purposes for steel mills,
foundries, smelters, refiners, and similar users, or who or which
purchases material which is or may have been a vehicle or vehicle
part for processing into a form other than a vehicle or vehicle part,
but who or which, except as otherwise provided by regulation of the
Commissioner of Motor Vehicles, does not sell any such material as
a motor vehicle, a trailer or a major component part thereof.
SELLER
A person, association, partnership, corporation or other
entity who or which sells or contracts to sell scrap metal, end-of-life
vehicles and catalytic converters.
VEHICLE DISMANTLER
A person, association, partnership, corporation or other
entity who or which is engaged in the business of purchasing and/or
acquiring motor vehicles or trailers for the purpose of dismantling
the same for parts or reselling such vehicles as scrap.
The County Attorney or the District Attorney may commence an
action in a court of competent jurisdiction to enjoin any violation
of this chapter or any rule or regulation promulgated hereunder.
This chapter shall apply to the sale or purchase of any ferrous or nonferrous scrap metal, end-of-life vehicle, or catalytic converter on or after the effective date. The requirement of §
721-4B of this chapter regarding the maintenance of records of transactions in an electronically searchable database shall apply one year after the effective date of this chapter.