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.