June 28, 2011, Introduced by Reps. Muxlow, Denby, Goike, Knollenberg, Outman, Shaughnessy, Kowall, Damrow, Jenkins and Hooker and referred to the Committee on Transportation.


     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 section 3 (MCL 445.403), as amended by 2006 PA 675.




     Sec. 3. As used in this act:


     (a) "Automotive recycler" means 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 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




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


the county in which the internet drop-off store conducts business.


     (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


scrap processor, an automotive recycler, or a junkyard that deals


principally in industrial scrap and is licensed by a city, village,


or county.


     Enacting section 1. This amendatory act takes effect October


1, 2011.


     Enacting section 2. This amendatory act does not take effect


unless Senate Bill No.____ or House Bill No.4832 (request no.


01165'11 *) of the 96th Legislature is enacted into law.