Bill Text: MI SB0468 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Occupations; junk and secondhand dealers; selling nonferrous metals to secondhand dealers; require local permit. Amends title & sec. 8 of 1917 PA 350 (MCL 445.408) & adds sec. 2a.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-09-10 - Referred To Committee On Economic Development [SB0468 Detail]

Download: Michigan-2013-SB0468-Introduced.html

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SENATE BILL No. 468

 

 

September 10, 2013, Introduced by Senators SMITH and KOWALL and referred to the Committee on Economic Development.

 

 

 

     A bill to amend 1917 PA 350, entitled

 

"An act to regulate and license second hand dealers and junk

dealers; and to prescribe penalties for the violation of the

provisions of this act,"

 

by amending the title and section 8 (MCL 445.408), section 8 as

 

amended by 2008 PA 428, and by adding section 2a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     TITLE

 

     An act to regulate and license second hand dealers and junk

 

dealers; to require permits to transport and sell scrap metal to a

 

second hand dealer; to prescribe the powers and duties of certain

 

local agencies and officials; and to prescribe penalties for the

 

violation of the provisions of this act.

 

     Sec. 2a. (1) Subject to subsection (2), a person shall not

 

transport or sell nonferrous metal to a second hand dealer if the

 

person does not have a permit to transport and sell nonferrous

 

metal from the sheriff of 1 of the following:

 

     (a) The county in which the person resides or is located.

 

     (b) If the person is not a resident of or located in this

 

state, the county in which the second hand dealer that is

 

purchasing the nonferrous metals is located.

 

     (2) Subsection (1) does not apply to a person that is any of

 

the following:

 

     (a) A contractor that is licensed under the Forbes mechanical

 

contractors act, 1984 PA 192, MCL 338.971 to 338.988.

 

     (b) A residential builder or residential maintenance and

 

alteration contractor that is licensed under article 24 of the

 

occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.

 

     (c) A plumbing contractor that is licensed under the state

 

plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569.

 

     (d) An electrical contractor, master electrician, electrical

 

journeyman, or apprentice journeyman that is licensed under the

 

electrical administrative act, 1956 PA 217, MCL 338.881 to 338.892.

 

     (e) A public utility as defined in section 1 of 1974 PA 53,

 

MCL 460.701.

 

     (f) A public agency as defined in section 1 of 1974 PA 53, MCL

 

460.701.

 

     (g) An employee of a person described in subdivisions (a) to

 

(f), if he or she is acting in the scope of his or her employment.

 

     (3) The sheriff shall issue the permit under this section to a

 

person that meets all of the following:

 

     (a) The person resides in or is located in the sheriff's

 

county, or, if the person is not a resident of or the entity is not

 

located in this state, the second hand dealer that is purchasing

 

the nonferrous metals is located in the sheriff's county.

 

     (b) The person certifies on a form provided by the sheriff

 

that the person is informed of and will comply with the provisions

 

of this section.

 

     (c) The name and address of the permit applicant.

 

     (d) The permit applicant, if the applicant is an individual,

 

or the employee applying for a permit on behalf of his or her

 

employer, provides a photograph of him or her and his or her

 

operator's or chauffeur's license, military identification card,

 

Michigan identification card, passport, or other government-issued

 

identification containing his or her photograph to the sheriff and

 

allows the sheriff to make a copy of the identification presented.

 

     (e) The license plate number of the applicant's vehicle.

 

     (4) The sheriff may charge a reasonable fee, in an amount that

 

does not exceed $25.00, for the processing and issuance of a permit

 

under this section. The sheriff shall keep a record of all permits

 

issued under this section that includes, at a minimum, the date of

 

issuance, the name and address of the permit holder, a photocopy of

 

the permit applicant's identification, the license plate number of

 

the permit applicant, and the permit applicant's photograph.

 

     (5) A permit issued under this section is valid for 12 months.

 

If a person only sells or transports nonferrous metals a maximum of

 

2 times in a 12-month period, the person may obtain a 48-hour

 

permit from the applicable sheriff's office by calling the

 

sheriff's office, providing the required information, and obtaining

 

a permit number. A person may only request a 48-hour permit 2 times

 

in any 12-month period.

 

     (6) A person shall not obtain a permit to transport and sell

 

nonferrous metals under this section for the purpose of

 

transporting or selling stolen nonferrous metals.

 

     (7) As used in this section:

 

     (a) "Nonferrous metal" means that term as defined in section 3

 

of the nonferrous metal regulatory act, 2008 PA 429, MCL 445.423.

 

     (b) "Person" means an individual, partnership, corporation,

 

limited liability company, limited partnership, or other legal

 

entity.

 

     Sec. 8. (1) Except as otherwise provided for in this section,

 

a person who that violates this act is guilty of a misdemeanor and

 

shall be imprisoned punishable by imprisonment for not more than 6

 

months and shall be fined or a fine of not less than $500.00 or

 

more than $1,000.00, or both.

 

     (2) A second hand or junk dealer who that buys or sells scrap

 

metal, knowing that it is stolen, is guilty of a felony punishable

 

by imprisonment for not more than 5 years or a fine of not more

 

than $5,000.00, or both. The penalties imposed under this

 

subsection apply only to a first violation of this subsection.

 

     (3) A second hand or junk dealer who that buys or sells stolen

 

scrap metal knowing that it was stolen is guilty of a felony

 

punishable by imprisonment for not more than 5 years or a fine of

 

not more than $10,000.00, or both. The penalties imposed under this

 

subsection apply to a second or subsequent violation.

 

     (4) The license of a person, corporation, copartnership, or

 

firm second hand or junk dealer that is found guilty of violating

 

any of the provisions of this act shall be is considered to be

 

revoked upon entry of a when the conviction and such is entered,

 

and the person , corporation, copartnership, or firm shall not be

 

is not permitted to carry on the business of being a second hand or

 

junk dealer within in this state for a period of 1 year after that

 

conviction.

 

     (5) A person that knowingly violates section 2a(6) is guilty

 

of a misdemeanor punishable by imprisonment for not more than 90

 

days or a fine of not less than $500.00 or more than $1,000.00, or

 

both. If a person that holds a permit under section 2a is convicted

 

of a crime under this subsection, the permit is considered revoked.

 

     (6) (5) The remedies under this act are independent and

 

cumulative. The use of 1 remedy by a person does not bar the use of

 

other lawful remedies by that person or the use of a lawful remedy

 

by another person.

 

     (7) As used in this section, "person" means that term as

 

defined in section 2a.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

02545'13) of the 97th Legislature is enacted into law.