HOUSE BILL No. 5491

 

March 20, 2012, Introduced by Reps. Muxlow, Tlaib, Smiley, Olson, Liss, Kandrevas, Bauer and Brown and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2008 PA 429, entitled

 

"Nonferrous metal regulatory act,"

 

by amending sections 11, 13, and 17 (MCL 445.431, 445.433, and

 

445.437) and by adding section 10; and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. A person shall not knowingly sell or attempt to sell

 

to a scrap metal dealer, and a scrap metal dealer shall not

 

knowingly purchase or attempt to purchase, any of the following

 

types of personal property:

 

     (a) Public fixtures.

 

     (b) New metal articles or materials, such as those used in a

 

manufacturing process or construction.

 

     (c) Equipment or tools used by contractors.

 

     (d) Metal articles or materials that are clearly marked as


 

property belonging to a business or a person other than the seller.

 

     (e) Catalytic converters, unless the seller is an automotive

 

recycler as defined in section 2a of the Michigan vehicle code,

 

1949 PA 300, MCL 257.2a.

 

     (f) Air conditioner evaporator coils or condensers or parts of

 

air conditioner evaporator coils or condensers.

 

     (g) Copper wire that was burned in whole or in part to remove

 

the insulation, unless the seller is an industrial or business

 

customer.

 

     (h) A commemorative, decorative, or other cemetery-related or

 

apparently ceremonial article.

 

     Sec. 11. (1) A scrap metal dealer shall register with or

 

subscribe to, and maintain that registration or subscription with,

 

and use in the conduct of its business, an internet-based database

 

available to scrap metal dealers, law enforcement agencies, and the

 

general public that lists and tracks, at a minimum, thefts of

 

nonferrous metal articles and other scrap metal. and articles

 

containing nonferrous metals. The database may be reasonably

 

limited in terms of time and geographical area.

 

     (2) The existing database established by the institute of

 

scrap recycling industries, inc., referred to as the ISRI theft

 

alert system, is considered an appropriate internet-based database.

 

A scrap metal dealer may register with or subscribe to any other

 

database that provides substantially the same services as the a

 

database described in subsection (1).

 

     (3) A scrap metal dealer shall ensure that it makes available

 

to each of its employees engaged in purchasing or weighing scrap


 

metal sold or offered for sale to the scrap metal dealer each theft

 

alert, or similar notice that a scrap metal theft has occurred,

 

that the scrap metal dealer receives from the database service

 

described in this section, and that those employees review the

 

alerts or similar notices on a daily basis.

 

     Sec. 13. (1) A person who violates section 7(1) or section 9

 

knowing or having reason to know that he or she is violating those

 

sections If a person violates section 7, and knows or has reason to

 

know that section 7 was violated, the person is guilty of a

 

misdemeanor punishable by a fine of not more than $500.00 or

 

imprisonment for not more than 93 days, or both.

 

     (2) A person who buys or sells nonferrous metal articles

 

knowing or having reason to know that they are stolen Each of the

 

following 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,

 

for a first offense and 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, for a second or subsequent offense:.

 

     (a) A scrap metal dealer that purchases metal articles, and

 

knows or has reason to know that they were stolen.

 

     (b) A person that sells metal articles to a scrap metal

 

dealer, and knows or has reason to know that they were stolen.

 

     Sec. 17. (1) A person may bring a private cause of action

 

against a seller or a scrap metal dealer, in a court of competent

 

jurisdiction, for monetary damages suffered from violation of this

 

act. by a seller or a dealer, or both.

 

     (2) The If the court in an action described in subsection (1)


 

finds that the violation included the purchase or sale of stolen

 

metal articles, the court shall award treble damages for the value

 

of the nonferrous metal article property stolen. The court may

 

award costs regarding any aspect of an action brought under

 

subsection (1). As used in this subsection, "value of the

 

nonferrous metal article property stolen" means the greatest of the

 

following:

 

     (a) The replacement cost of the stolen article.metal articles.

 

     (b) The cost of repairing the damage caused by the larceny of

 

that article.the metal articles.

 

     (c) The total of subdivisions (a) and (b).

 

     (3) The court may award costs and reasonable attorney fees in

 

an action brought under subsection (1).

 

     Enacting section 1. Section 9 of the nonferrous metal

 

regulatory act, 2008 PA 429, MCL 445.429, is repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5490(request no.

 

03482'11 *).

 

     (b) Senate Bill No. ____ or House Bill No. 5492(request no.

 

03566'11 *).