September 19, 2012, Introduced by Rep. Lipton and referred to the Committee on Regulatory Reform.
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 3 and 8 (MCL 445.403 and 445.408), section 3
as amended by 2006 PA 675 and section 8 as amended by 2008 PA 428,
and by adding section 7a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
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 city, village, or township, or if none, the county sheriff of
the
county in which the an internet drop-off store conducts
business.
(e) "Person" means an individual, a general partner, or a
corporation, limited liability company, partnership, 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 a
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.
Sec. 7a. (1) A second hand or junk dealer shall not conduct
business as a pawnbroker without a license under 1917 PA 273, MCL
446.201 to 446.219. A second hand or junk dealer that violates this
section is guilty of a misdemeanor punishable by 1 of the
following:
(a) Except as provided in subdivision (b), imprisonment for
not fewer than 10 days or more than 90 days or a fine of not less
than $25.00 or more than $100.00, or both.
(b) For a second or subsequent violation of this section,
imprisonment for not fewer than 10 days or more than 90 days or a
fine of not less than $1,000.00 or more than $2,500.00, or both.
(2) As used in this section:
(a) "Conduct business as a pawnbroker" means to engage in any
conduct or activity described in section 1(1) of 1917 PA 273, MCL
446.201.
(b) "Pawnbroker" means that term as defined in section 3 of
1917 PA 273, MCL 446.203.
Sec. 8. (1) Except as otherwise provided for in this section
or
section 7a, 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 180 days 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
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) 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.
Enacting section 1. 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. 5920(request no.
01496'11).
(b) Senate Bill No. ____ or House Bill No. 5918(request no.
02061'11).