Bill Text: MI HB4833 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Occupations; junk and secondhand dealers; reference to salvage vehicle agent; eliminate. Amends sec. 3 of 1917 PA 350 (MCL 445.403). TIE BAR WITH: HB 4832'11

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2011-06-29 - Printed Bill Filed 06/29/2011 [HB4833 Detail]

Download: Michigan-2011-HB4833-Introduced.html

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HOUSE BILL No. 4833

 

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.

 

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 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.