October 4, 2011, Introduced by Senators NOFS, PAPPAGEORGE, SCHUITMAKER, WARREN, WALKER, KOWALL, GREEN, JANSEN, GLEASON, ROBERTSON, BRANDENBURG, PAVLOV and COLBECK 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 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 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. The implementing ordinance of the city,
county, or village shall not contain provisions in conflict with or
more stringent than this act.
(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.
(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.
(4) 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.
(5) (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.