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MI HB5491

Bill

Status

Introduced

3/20/2012

Primary Sponsor

Paul Muxlow

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Prohibits persons from selling and scrap metal dealers from purchasing public fixtures, new metal articles, contractor equipment, marked property of others, catalytic converters (except from automotive recyclers), air conditioner coils/condensers, burned copper wire (except from industrial customers), and cemetery-related articles.

  • Requires scrap metal dealers to register with and use an internet-based theft alert database (such as the ISRI theft alert system) and ensure employees review theft alerts daily.

  • Establishes criminal penalties: misdemeanor with up to $500 fine or 93 days imprisonment for violating section 7; felony with up to 5 years imprisonment or $5,000 fine for first offense and up to 5 years or $10,000 fine for subsequent offenses for knowingly buying or selling stolen metal articles.

  • Allows private lawsuits against sellers or scrap metal dealers for violations, with courts awarding treble damages for stolen property based on replacement cost, repair costs, or both, plus reasonable attorney fees and costs.

  • Repeals section 9 of the 2008 act and conditions the bill's effectiveness on simultaneous enactment of House Bills 5490 and 5492.

Legislative Description

Occupations; junk and secondhand dealers; nonferrous metal regulatory act; expand to include other scrap metal and scrap metal dealers. Amends secs. 11, 13 & 17 of 2008 PA 429 (MCL 445.431 et seq.); adds sec 10 & repeals sec. 9 of 2008 PA 429 (445.429). TIE BAR WITH: HB 5490'12, HB 5492'12

Occupations, individual licensing and regulation

Last Action

Printed Bill Filed 03/21/2012

3/21/2012

Committee Referrals

Regulatory Reform3/20/2012

Full Bill Text

No bill text available