SENATE BILL No. 1254

 

 

April 15, 2008, Introduced by Senator KAHN and referred to the Committee on Economic Development and 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 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 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) "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.

 

     (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 includes a scrap

 

processor but 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.