September 10, 2013, Introduced by Senators SMITH and KOWALL and referred to the Committee on Economic Development.
A bill to amend 2008 PA 429, entitled
"Nonferrous metal regulatory act,"
by amending sections 5 and 7 (MCL 445.425 and 445.427).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A dealer shall do all of the following:
(a) Produce and maintain records as required under section
7(2).
(b)
Participate in a database meeting that meets the
requirements of section 11.
(c)
Tag and hold any nonferrous metal as provided for in
required under section 9.
(d)
Pay a seller by a method capable of being that allows the
payment to be traced from the dealer to the seller. Payment by cash
or currency of more than $50.00, barter, or trade is not considered
a payment that complies with the requirement of this subdivision.
Payment of cash in any amount in a transaction involving
predominantly copper articles is considered a violation of this
subdivision.
(e)
In the case of If a transaction involving involves
nonferrous
metal, verify that the seller individual
who delivers
the nonferrous metal to the dealer for sale is at least 16 years of
age.
(f) Verify that the seller has a permit issued under section
2a of 1917 PA 350, MCL 445.402a, or is not required to obtain a
permit under that section.
(2)
A seller An individual who
delivers the nonferrous metal
to the dealer for sale shall do all of the following:
(a)
Present to the dealer an his
or her operator's or
chauffeur's license, military identification card, Michigan
identification card, passport, or other government-issued
identification
containing that contains a photograph and allow the
dealer to make a photocopy or electronic copy of the
identification.
(b)
Allow the dealer to make a take
his or her thumbprint, to
be used only for identification purposes by the dealer and for
investigation purposes by a law enforcement agency.
(c)
Execute a signed statement indicating that the seller that
states that he or she is the owner of, or is otherwise authorized
to sell, the nonferrous metal offered for purchase to the dealer.
(d)
Attest to the lack of any criminal convictions involving
that he or she has not been convicted of a crime that involves the
theft, conversion, or sale of nonferrous metals.
(e) Present to the dealer a permit issued under section 2a of
1917 PA 350, MCL 445.402a, and allow the dealer to make a photocopy
or electronic copy of the permit.
Sec. 7. (1) Except as otherwise provided in this subsection, a
dealer shall produce and maintain an accurate and legible record of
each purchase transaction. The dealer shall maintain the records
produced under this section for at least 1 year, shall keep the
records in a location that is readily accessible to a local, state,
or federal law enforcement agency for inspection during normal
business hours, and shall make the records, or copies of those
records, available to any local, state, or federal law enforcement
agency
upon that has a reasonable suspicion of that a violation
of
this act has occurred.
(2) The record of a purchase transaction regarding nonferrous
metal
described in subsection (1) shall contain include all of the
following:
(a) The name, address, and identifying number from the
seller's
operator's or chauffeur's license,
military identification
card, Michigan identification card, passport, or other government-
issued
identification containing a photograph. presented under
section 5(2)(a). A legible scan or photocopy of the identification
is
considered satisfactory in fulfilling meets the requirement of
this
subdivision. In the case of If
the seller is a repeat seller,
the
dealer may keep a copy of the
information may be kept on file
with
the dealer and be used use that information for future
transactions.
(b)
The license plate number of the vehicle delivering that
delivered the nonferrous metal.
(c) The date and time of the transaction.
(d)
A description of the predominant types of metal purchases,
purchased, made in accordance with the custom of the trade.
(e)
The weight, quantity, or volume of metal, made the scrap
metal purchased, described and calculated in accordance with the
custom of the trade; the name of the scale operator who weighs and
inspects that property; and the name of the employee of the scrap
metal dealer who purchased or authorized the purchase of the scrap
metal on the dealer's behalf if the purchaser was not the scale
operator.
(f) A photograph or digital or electronic image of the scrap
metal purchased. A digital or electronic image that meets 1 of the
following is sufficient for purposes of this subdivision even if
each item of scrap metal is not shown in the image:
(i) If the scrap metal and the vehicle in which it is delivered
are weighed, an overhead image of the vehicle and the scrap metal
in the vehicle on the scale.
(ii) If only the scrap metal is weighed, an image of the scrap
metal on the scale.
(g) (f)
The consideration paid and the
method of payment.
(h) (g)
A The signed statement from the seller that the seller
is
the owner of the metal or is otherwise authorized to sell the
metal
subject to the transaction.described
in section 5(2)(c).
(i) (h)
A The thumbprint of the seller taken under section
5(2)(b).
(j) The photocopy of the seller's permit described in section
5(2)(e).
(3)
In the case of a If the seller that is an industrial or
commercial
account where to which payment is made by a method
capable of being traced from the dealer to the seller and payment
is
made directly to the business, the a dealer is not required to
produce
the record described in subsection (2) so long as if the
personal and business identifying information of the industrial or
commercial account seller is on file with the dealer and conforms
to a written description of the type of nonferrous metal or
articles customarily purchased by the dealer from that seller, and
the information is periodically reviewed at least every 2 years and
validated as current or updated by the dealer.