Bill Text: MI SB0699 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; junk and secondhand dealers; definition of "seller" in nonferrous metal regulatory act; revise to include person who removes nonferrous metal from a building or structure under certain circumstances. Amends sec. 3 of 2008 PA 429 (MCL 445.423).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-03 - Referred To Committee On Economic Development [SB0699 Detail]
Download: Michigan-2013-SB0699-Introduced.html
SENATE BILL No. 699
December 3, 2013, Introduced by Senators ANANICH, SMITH and HOOD and referred to the Committee on Economic Development.
A bill to amend 2008 PA 429, entitled
"Nonferrous metal regulatory act,"
by amending section 3 (MCL 445.423).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Dealer" means any person that is not a first purchaser
who purchases nonferrous metals from any seller. Dealer includes,
but is not limited to, a person, whether or not licensed under
state law or local ordinance, that operates a business as a scrap
metal recycler, scrap processor, secondhand and junk dealer, or
other person who purchases any amount of nonferrous metal on a
regular, sporadic, or 1-time basis. Dealer does not include an
automotive recycler regulated by and complying with section 217 of
the Michigan vehicle code, 1949 PA 300, MCL 257.217; section 18 of
the motor vehicle service and repair act, 1974 PA 300, MCL
257.1318; or section 2 of 1986 PA 119, MCL 257.1352, when engaging
in activities that meet the definition of automotive recycler as
defined in section 2a of the Michigan vehicle code, 1949 PA 300,
MCL 257.2a.
(b) "Documentation" means a signed statement that indicates
where the person obtained the article, that the person is
authorized to sell the article, or other evidence that reasonably
demonstrates ownership of the article and the source of the
article.
(c) "Ferrous metal" means a metal that contains significant
quantities of iron or steel.
(d) "First purchaser" means the first buyer of a manufactured
product containing nonferrous metal in a retail or business-to-
business transaction. Persons purchasing nonferrous metal in
violation of this act, automotive recyclers, pawnshops, scrap metal
recyclers, and scrap processors are not considered first
purchasers.
(e) "Industrial or commercial account" means any person,
operating from a fixed location, that is a seller of ferrous or
nonferrous metal to a scrap metal recycler pursuant to a written
agreement.
(f) "Nonferrous metal" means a metal that does not contain
significant quantities of ferrous metal but contains copper, brass,
platinum-based metals, aluminum, bronze, lead, zinc, nickel, or
alloys of those metals.
(g) "Person" means an individual, partnership, corporation,
limited liability company, joint venture, trust, association, or
other legal entity.
(h) "Public fixtures" means articles containing nonferrous
metal that are used or located in areas open to the public and
include, but are not limited to, utility access covers; street
light poles and fixtures; road and bridge guard rails; highway or
street signs; water meter covers; traffic directional and control
signs; traffic light signals; telecommunications cable; utility-
related articles; and historical markers.
(i) "Record" means a paper, electronic, or other generally
accepted method of storing information in a retrievable form.
(j) "Scrap metal recycler" means a person that purchases
nonferrous metal that is intended for recycling or reuse, whether
regarded as a scrap processor, core buyer, or other similar
business operation.
(k) "Scrap processor" means that term as defined in section 3
of 1917 PA 350, MCL 445.403.
(l) "Seller" means any individual or person that either
regularly, sporadically, or on a 1-time basis receives
consideration from any other person from the purchase by a dealer
of nonferrous metal offered by that seller. It is a rebuttable
presumption that a person is a seller if the person removes or
attempts to remove nonferrous metal from within a building or
structure without the written permission of the owner of that
building or structure if any of the following apply:
(a) The nonferrous metal has a scrap value of $100.00 or more
at the time of the alleged violation.
(b) The nonferrous metal has a total combined weight of 100
pounds or more.
(c) The nonferrous metal is or was secured to that building or
structure by a nail, screw, bolt, or other means of fastening.
(d) The nonferrous metal is or was enclosed within a wall,
ceiling, or floor of that building or structure.
