Bill Text: MI SB0713 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Occupations; junk and secondhand dealers; definition of secondhand dealer or junk dealer; exclude certain businesses. Amends secs. 2 & 3 of 1917 PA 350 (MCL 445.402 & 445.403).

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Engrossed - Dead) 2012-03-28 - Referred To Committee On Regulatory Reform [SB0713 Detail]

Download: Michigan-2011-SB0713-Engrossed.html

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SB-0713, As Passed Senate, March 28, 2012

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 713

 

 

 

 

 

 

 

 

 

 

     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 sections 2 and 3 (MCL 445.402 and 445.403), section 2

 

as amended by 2008 PA 432 and section 3 as amended by 2006 PA 675.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The Except as provided in subsection (2), the

 

mayor of a city or chief executive officer of a county or village

 

may grant to any person, corporation, copartnership, or firm, a

 

license to a person authorizing that person , corporation,

 

copartnership, or firm to carry on the business of a second hand

 

dealer or junk dealer subject to the provisions of this act.

 

     (2) By ordinance or otherwise, a city, county, or village

 

shall not regulate, as a second hand dealer or junk dealer, a

 

person excluded from the definition of second hand dealer or junk

 

dealer under section 3(g)(ii) or require that person to obtain a

 

license to carry on its business in that city, county, or village.

 

     (3) (2) The license A license described in subsection (1)

 

shall designate the particular place location where that person,

 

corporation, copartnership, or firm shall carry on that the

 

licensee may conduct the second hand or junk dealer business. The

 

licensee shall only conduct that business shall be conducted only

 

in the place at the location designated in the license.

 

     (4) (3) The license shall be for the period of term of a

 

license described in subsection (1) is 1 year from date of issuance

 

unless sooner revoked for cause. and The license is not

 

transferable.

 

     (5) The legislative body of any city , or the trustees and

 

chief executive officer of any county or village , shall establish

 

the fee for the processing and issuance of the issuing a license in

 

accordance with described in subsection (1) in the manner

 

prescribed in its charter or local ordinance , based upon and shall

 

base the amount of the fee on the cost of issuance issuing and

 

administration of administering that license.

 

     (6) (4) The A city, village, or county that issues a license

 

described in subsection (1) may inspect the premises of a the

 

licensed second hand or junk dealer during normal business hours.

 

     Sec. 3. As used in this act:

 

     (a) "Automotive recycler" means a any of the following:

 

     (i) A person who that engages in business primarily for the

 

purpose of selling retail salvage vehicle parts and secondarily for

 

the purpose of selling retail salvage motor vehicles or

 

manufacturing or selling a product of gradable scrap metal. or a

 

     (ii) A person employed as a salvage vehicle agent as that term

 

is defined in section 56c of the Michigan vehicle code, 1949 PA

 

300, MCL 257.56c.

 

     (b) "Industrial scrap" means materials that are a direct

 

product or by-product of any form of manufacturing, shaping, or

 

cutting process from a person , company, corporation,

 

copartnership, or firm whose principal business is the

 

manufacturing, shaping, or cutting of materials at a fixed place of

 

business.

 

     (c) "Internet drop-off store" means a person , corporation, or

 

firm that contracts with other persons , corporations, or firms to

 

offer its personal property or other valuable thing for sale,

 

purchase, consignment, or trade through means of an internet

 

website and meets the conditions described in section 1(3).

 

     (d) "Local law enforcement agency" means the police agency of

 

the a city, village, or township, or if none, the county sheriff of

 

the county in which the internet drop-off store conducts

 

business.city, village, or township is located.

 

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

 

limited liability company, association, or other legal entity.

 

     (f) (e) "Scrap processor" means a person, utilizing machinery

 

and equipment and operating from a fixed location, whose principal

 

business is the processing and manufacturing of iron, steel,

 

nonferrous metals, paper, plastic, or glass, into prepared grades

 

of products suitable for consumption by recycling mills, foundries,

 

and other scrap processors.

 

     (g) (f) "Second hand dealer" or "junk dealer" means any person

 

, corporation, or member or members of a copartnership or firm

 

whose principal business is that of purchasing, selling,

 

exchanging, storing, or receiving second hand articles of any kind,

 

scrap metals, cast iron, old iron, old steel, tool steel, aluminum,

 

copper, brass, lead pipe or tools, or lighting and plumbing

 

fixtures. Second hand dealer or junk dealer does not include a any

 

of the following:

 

     (i) A scrap processor, an automotive recycler, or a junkyard

 

that deals principally in industrial scrap and is licensed by a

 

city, village, or county.

 

     (ii) A retail store or business that deals primarily in the

 

purchase and resale of second hand clothing, children's furniture

 

and equipment, children's toys, sporting goods, or musical

 

instruments. As used in this subparagraph, "sporting goods" does

 

not include firearms.