Bill Text: MI SB0708 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; junk and secondhand dealers; requirement for local business license; modify for scrap metal dealers. Amends secs. 1 & 3 of 1917 PA 350 (MCL 445.401 & 445.403). TIE BAR WITH: HB 4593'13, SB 0707'13
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-04 - Referred To Committee On Economic Development [SB0708 Detail]
Download: Michigan-2013-SB0708-Introduced.html
SENATE BILL No. 708
December 4, 2013, Introduced by Senator SMITH and referred to the Committee on Economic Development.
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 1 and 3 (MCL 445.401 and 445.403), section 1
as amended by 2008 PA 432 and section 3 as amended by 2006 PA 675.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) A person, corporation, copartnership, Except as
otherwise provided in this section, an individual or firm shall not
carry
on the business of dealer in a
second hand goods dealer or
junk
dealer in any of the counties, cities, or villages of a
county,
city, or village in this state without having
first
obtained,
obtaining a license that
authorizes the individual or
firm to carry on that business from the mayor of the city or the
chief
executive officer of the county or village. where the
business
is to be carried on, a license under this act authorizing
that
person, corporation, copartnership, or firm to carry on that
business.
(2)
This section does not require an internet drop-off store
complying
with subsection (3), or a person An
individual engaged in
the
sale, purchase, consignment, or trade of personal property or
other
valuable thing an item for himself or herself , to is not
required to obtain a license under this act.
(3)
An internet drop-off store in compliance with that meets
all
of the following conditions is exempt
from licensure as a
second
hand dealer or junk dealer not
required to obtain a license
under this act:
(a)
Has a fixed place of business within in this state, except
that
he or she exclusively transacts and
all purchases or sales of
items
are exclusively transacted by means of
the internet and the
purchases
and sales are not physically
transacted on the premises
of that fixed place of business.
(b)
Has the personal property or other valuable thing an item
it offers available on a website for viewing by photograph, if
available,
by the general public at no charge, which and the
website
shall be is searchable by zip code, or state, or both.
The
website
viewing shall include, must
also display, as applicable,
any serial number, make, model, and other unique identifying marks,
numbers,
names, or letters appearing that
appear on the personal
property
or other valuable thing.item.
(c) Maintains records of the sale, purchase, consignment, or
trade
of the personal property or other valuable thing an item it
offers
for at least 2 years. ,
which records shall The records
must
contain a description, including a photograph, if available, and,
if applicable, serial number, make, model, and other unique
identifying marks, numbers, names, or letters appearing on the
personal
property or other valuable thing.item.
(d)
Provide Provides the local law enforcement agency with any
name under which it conducts business on the website and access to
the business premises at any time during normal business hours for
purposes of inspection.
(e) Within 24 hours after a request from a local law
enforcement
agency concerning an item it
offers or offered, provide
provides an electronic copy of the seller's or consignor's name,
address, telephone number, and driver license number and issuing
state; ,
the buyer's name and address, if
applicable; , and a
description
of the personal property or other valuable thing as
item that includes the information described in subdivision (c).
The
provision of store shall
provide the information shall be in
a
format acceptable to the local law enforcement agency but shall at
least be in a legible format and in the English language.
(f)
Provide Provides that payment for the personal property or
other
valuable thing is executed an
item it offers is made by means
of
a check or other electronic payment system , so long as the
payment
and is not made in cash. No payment shall be provided
to
the
A store shall not pay a seller for
an item until the item is
sold.
(g)
Immediately remove the personal property or other valuable
thing
removes an item it offers from the website if the local law
enforcement
agency determines that the personal property or other
valuable
thing item is stolen.
(4) An individual or firm is not required to obtain a license
from a city, county, or village under this act if all of the
following are met:
(a) The individual's or firm's business as a second hand
dealer or junk dealer in the city, county, or village is acting as
a scrap metal dealer.
(b) The individual or firm is licensed as a scrap metal dealer
under the scrap metal licensing act.
(c) The city, county, or village elects to exempt scrap metal
dealers from the obligation to obtain a license as a second hand
dealer or junk dealer.
(5) (4)
This section does not exempt a
person purchasing or
selling
articles of nonferrous metals from compliance with the
nonferrous
metal regulatory act.an
individual or firm engaged in
purchasing or selling scrap metal from complying with the scrap
metal licensing act.
Sec. 3. As used in this act:
(a)
"Automotive recycler" means a person who an individual or
firm 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 an individual 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) "Firm" means a corporation, limited liability company,
partnership, or other legal entity.
(c) (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,
an individual or firm whose principal business is the
manufacturing, shaping, or cutting of materials at a fixed place of
business.
(d) (c)
"Internet drop-off store"
means a person, corporation,
an
individual or firm that contracts with
other persons,
corporations,
individuals or firms to offer its personal property
or
other valuable thing an item for sale, purchase, consignment, or
trade through means of an internet website and meets the conditions
described in section 1(3).
(e) "Item" means an item of personal property or any other
valuable thing.
(f) (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.
(g) "Scrap metal" means that term as defined in section 3 of
the scrap metal regulatory act, MCL 445.423.
(h) "Scrap metal dealer" means that term as defined in section
3 of the scrap metal regulatory act, MCL 445.423.
(i) "Scrap metal regulatory act" means the scrap metal
regulatory act, 2008 PA 429, MCL 445.421 to 445.443.
(j) (e)
"Scrap processor" means a
person, utilizing an
individual
or firm that utilizes machinery and
equipment, and
operating
that operates from a fixed location, and 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
or other scrap processors.
(k) (f)
"Second hand dealer" or
"junk dealer" means any
person,
corporation, or member or members of a copartnership an
individual 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 to
conduct that business by a city, village, or county.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) House Bill No. 4593.
(b) Senate Bill No. 707.