April 18, 2013, Introduced by Reps. Muxlow, Tlaib, Pagel, Victory, Lauwers, Zemke, Faris, Brown, Callton, Price, Zorn, MacGregor, Hobbs, Switalski, Talabi, Kandrevas and Roberts and referred to the Committee on Regulatory Reform.
A bill to amend 2008 PA 429, entitled
"Nonferrous metal regulatory act,"
by amending sections 7, 11, 13, and 17 (MCL 445.427, 445.431,
445.433, and 445.437), and by adding section 10; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7. (1) Except Subject to
subsection (4), and except as
otherwise
provided in this subsection, section,
a scrap metal
dealer
shall produce prepare and maintain an a separate, accurate,
and legible record of each purchase transaction. The dealer shall
maintain
the records produced under described
in this section for
at
least 1 year; , the
dealer 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 the dealer 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
shall contain described in
subsection (1) must include all of
the following:
(a) The name and address of the seller and the name and
address of the individual who is delivering the scrap metal if he
or she is not the seller. If an individual is a seller or
representative of a seller in more than 1 purchase transaction, the
scrap metal dealer may retain a copy of the individual's
information or document described in this subdivision in a separate
file and use that information in future purchase transactions.
(b) (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 a repeat seller, a copy of the
information
may be kept on file with the dealer and be used for If
an individual is a seller or representative of a seller in more
than 1 purchase transaction, the scrap metal dealer may retain a
copy of the information or document described in this subdivision
in a separate file and use that information in future purchase
transactions.
(c) (b)
The license plate number of the
vehicle delivering the
nonferrous
metal.that delivered the
scrap metal.
(d) (c)
The date and time of the purchase transaction.
(e) (d)
A description of the predominant
types of scrap metal
purchases,
purchased, made in accordance with the custom of the
trade.
(f) (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.
(g) 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.
(h) (f)
The consideration paid and the
method of payment.
(i) (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).
(j) (h)
A legible thumbprint of the
seller.described in
section 5(2)(b).
(3)
In the case of a seller that is A
scrap metal dealer is
not required to obtain the information described in subsection (2)
for
a purchase transaction with an
industrial or commercial account
where
payment is made by a method capable of being traced from the
dealer
to the seller and payment is made customer
that meets all of
the following:
(a)
Payment is made directly to the business,
the dealer is
not
required to produce the record described in subsection (2) so
long
as the industrial or
commercial customer.
(b) The personal and business identifying information of the
industrial
or commercial account seller customer
is on file with
the scrap dealer and conforms to a written description of the type
of
nonferrous scrap metal or articles customarily purchased by
the
scrap
metal dealer from that seller, and
the information customer.
(c) The information on file with the scrap metal dealer under
subdivision (b) is periodically reviewed at least every 2 years and
validated as current or updated by the scrap metal dealer.
(4) A scrap metal dealer may utilize an electronic record-
keeping system for purposes of subsection (1) if that system allows
for immediate access to each seller's purchase transaction
activities, documents, and images, including, but not limited to,
electronic copies of the records described in subsection (2) or
(3), the payment information contained in the card or receipt, and
the image of the seller described in section 5(1)(a)(ii).
Sec. 10. A person shall not knowingly sell or attempt to sell
to a scrap metal dealer, and a scrap metal dealer shall not
knowingly purchase or attempt to purchase, any of the following
types of personal property:
(a) Public fixtures.
(b) New metal articles or materials, such as those used in a
manufacturing process or construction.
(c) Equipment or tools used by contractors.
(d) Metal articles or materials that are clearly marked as
property belonging to a person other than the seller.
(e) A commemorative, decorative, or other cemetery-related or
apparently ceremonial article.
(f) Metal articles or materials removed from property owned by
a railroad company or from a railroad right-of-way.
Sec. 11. (1) A scrap metal dealer shall register with or
subscribe
to, and maintain that registration or subscription with,
and use in the conduct of its business, an internet-based database
available to scrap metal dealers, law enforcement agencies, and the
general public that lists and tracks, at a minimum, thefts of
nonferrous
scrap metal. and articles containing nonferrous metals.
The database may be reasonably limited in terms of time and
geographical area.
(2) The existing database established by the institute of
scrap recycling industries, inc., referred to as the ISRI theft
alert system, is considered an appropriate internet-based database.
A scrap metal dealer may register with or subscribe to any other
database
that provides substantially the same services as the a
database described in subsection (1).
(3) A scrap metal dealer shall ensure that it makes available
to each of its employees engaged in purchasing or weighing scrap
metal sold or offered for sale to the scrap metal dealer each theft
alert, or similar notice that a scrap metal theft has occurred,
that the scrap metal dealer receives from the database service
described in this section, and that those employees review the
alerts or similar notices on a daily basis.
Sec.
13. (1) A person who violates section 7(1) or section 9
knowing
or having reason to know that he or she is violating those
sections
If a person violates section
7, and knows or has reason to
know that section 7 was violated, the person is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 93 days, or both.
(2)
A person who buys or sells nonferrous metal articles
knowing
or having reason to know that they are stolen Each of the
following is guilty of a felony punishable by imprisonment for not
more than 5 years or a fine of not more than $5,000.00, or both,
for a first offense and is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not more than
$10,000.00,
or both, for a second or subsequent offense:.
(a) A scrap metal dealer that purchases scrap metal or an item
of personal property described in section 10 and knows or has
reason to know that it was stolen.
(b) A person that sells scrap metal or an item of personal
property described in section 10 to a scrap metal dealer and knows
or has reason to know that it was stolen.
Sec. 17. (1) A person may bring a private cause of action
against a seller or a scrap metal dealer, in a court of competent
jurisdiction, for monetary damages suffered from violation of this
act. by
a seller or a dealer, or both.
(2)
The If the court in an
action described in subsection (1)
finds that the violation included the purchase or sale of stolen
property, the court shall award treble damages for the value of the
nonferrous
metal article property stolen. The court may award costs
regarding
any aspect of an action brought under subsection (1). As
used
in this subsection, "value of the nonferrous metal article
property stolen" means the greatest of the following:
(a)
The replacement cost of the stolen article.property.
(b) The cost of repairing the damage caused by the larceny of
that
article.the property.
(c) The total of subdivisions (a) and (b).
(3) The court may award costs and reasonable attorney fees in
an action brought under subsection (1).
Enacting section 1. Section 9 of the nonferrous metal
regulatory act, 2008 PA 429, MCL 445.429, is repealed.
Enacting section 2. This amendatory act does not take effect
unless both of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4594(request no.
00702'13).
(b) Senate Bill No. ____ or House Bill No. 4595(request no.
00752'13).