House Introduced Bill 5677

HOUSE BILL No. 5677


     April 25, 2000, Introduced by Reps. Garcia, Van Woerkom, Faunce, Richardville, Kowall, DeRossett, Birkholz, Bisbee,
Lockwood, Bob Brown and Mans and referred to the Committee on Economic Development.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 411r.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 411R.  (1) SUBJECT TO SUBSECTION (2), AN UNUSED PROP-

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      ERTY MERCHANT WHO SELLS OR OFFERS TO SELL 1 OR MORE OF THE FOL-

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      LOWING ITEMS AT AN UNUSED PROPERTY MARKET IS GUILTY OF A MISDE-

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      MEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $100.00:

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           (A) FOOD MANUFACTURED, PACKAGED, AND LABELED SPECIFICALLY

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      FOR SALE OR CONSUMPTION BY A CHILD LESS THAN 2 YEARS OF AGE.

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           (B) A COSMETIC, TOILETRY, OR PERSONAL CARE PRODUCT.

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           (C) A NONPRESCRIPTION DRUG.

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           (D) A MEDICAL DEVICE.

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           (2) SUBSECTION (1) DOES NOT APPLY IF THE UNUSED PROPERTY

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      MERCHANT WHO SELLS OR OFFERS TO SELL AN ITEM DESCRIBED IN


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      SUBSECTION (1) IS AUTHORIZED IN WRITING TO SELL THE ITEM AT

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      RETAIL BY THE MANUFACTURER OF THE ITEM OR THE MANUFACTURER'S

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      AUTHORIZED DISTRIBUTOR, THE AUTHORIZATION STATES THE PERSON'S

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      NAME AND THE DATE THE AUTHORIZATION EXPIRES, AND THE PERSON PRO-

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      VIDES FOR EXAMINATION THE AUTHORIZATION TO ANY PERSON AT THE

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      UNUSED PROPERTY MARKET WHO REQUESTS TO EXAMINE THE

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      AUTHORIZATION.  AN UNUSED PROPERTY MERCHANT WHO PROVIDES TO

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      ANOTHER PERSON FOR EXAMINATION PURSUANT TO THIS SUBSECTION AN

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      AUTHORIZATION THAT IS FORGED, CONTAINS A FALSE STATEMENT, OR WAS

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      OBTAINED BY FRAUD IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE

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      OF NOT MORE THAN $100.00.

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           (3) AN UNUSED PROPERTY MERCHANT SHALL OBTAIN AND RETAIN FOR

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      NOT LESS THAN 2 YEARS A PURCHASE RECEIPT FOR EACH ITEM OF NEW AND

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      UNUSED PROPERTY THE UNUSED PROPERTY MERCHANT ACQUIRES.  THE

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      RECEIPT MUST SHOW THE DATE OF THE ACQUISITION, THE NAME AND

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      ADDRESS OF THE PERSON FROM WHICH THE ITEM WAS ACQUIRED, AN IDEN-

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      TIFICATION AND DESCRIPTION OF THE ITEM, AND THE PRICE PAID FOR

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      THE ITEM.  IT IS A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE

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      THAN $100.00, FOR AN UNUSED PROPERTY MERCHANT TO KNOWINGLY DO ANY

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      OF THE FOLLOWING WITH RESPECT TO A RECEIPT THE UNUSED PROPERTY

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      MERCHANT IS REQUIRED TO OBTAIN AND RETAIN UNDER THIS SUBSECTION:

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           (A) FALSIFY OR OBLITERATE A RECEIPT.

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           (B) REFUSE OR FAIL TO MAKE A RECEIPT AVAILABLE FOR INSPEC-

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      TION BY A LAW ENFORCEMENT OFFICIAL WITHIN A REASONABLE TIME AFTER

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      AN INSPECTION OF THE RECEIPT IS REQUESTED.  THIS SUBDIVISION DOES

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      NOT REQUIRE AN UNUSED PROPERTY MERCHANT TO POSSESS THE RECEIPT ON

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      HIS OR HER PERSON WITHOUT REASONABLE NOTICE.



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           (C) DESTROY OR DISPOSE OF A RECEIPT BEFORE THE END OF THE

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      2-YEAR PERIOD DESCRIBED IN THIS SUBSECTION.

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           (4) AS USED IN THIS SECTION:

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           (A) "DRUG" MEANS THAT TERM AS DEFINED IN SECTION 17703 OF

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      THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.17703.

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           (B) "MEDICAL DEVICE" MEANS A DEVICE AS THAT TERM IS DEFINED

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      IN SECTION 17703 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

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      333.17703.

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           (C) "NEW AND UNUSED PROPERTY" MEANS TANGIBLE PERSONAL PROP-

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      ERTY PROPERLY ACQUIRED BY AN UNUSED PROPERTY MERCHANT DIRECTLY

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      FROM A PRODUCER, MANUFACTURER, WHOLESALER, OR RETAILER IN THE

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      ORDINARY COURSE OF BUSINESS, AND THAT HAS NEVER BEEN USED SINCE

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      ITS PRODUCTION OR MANUFACTURE, OR IS IN ITS ORIGINAL AND UNOPENED

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      PACKAGE OR CONTAINER IF IT WAS PACKAGED WHEN ORIGINALLY PRODUCED

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      OR MANUFACTURED.  NEW AND UNUSED PROPERTY DOES NOT INCLUDE ANY OF

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      THE FOLLOWING:

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           (i) A VEHICLE SUBJECT TO THE REGISTRATION AND CERTIFICATE OF

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      TITLE REQUIREMENTS OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL

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      257.1 TO 257.923.

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           (ii) FIREWOOD, ICE, OR LIVESTOCK.

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           (iii) UNUSED ANTIQUE PROPERTY.

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           (iv) ARTS, CRAFTS, OR SIMILAR MERCHANDISE SOLD OR OFFERED

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      FOR SALE BY THE INDIVIDUAL WHO MADE OR PRODUCED IT OR AN EMPLOYEE

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      OR AGENT OF THE INDIVIDUAL.

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           (v) PERSONAL PROPERTY SOLD FOR FUTURE DELIVERY SOLELY BY USE

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      OF A SAMPLE OF THE PROPERTY, A CATALOG, OR A BROCHURE.





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           (D) "NONPRESCRIPTION DRUG" MEANS A NONNARCOTIC DRUG THAT MAY

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      BE SOLD WITHOUT A PRESCRIPTION AND THAT IS LABELED AND PACKAGED

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      IN COMPLIANCE WITH APPLICABLE STATE OR FEDERAL LAW.

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      NONPRESCRIPTION DRUG DOES NOT INCLUDE VITAMINS OR AN HERBAL PRO-

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      DUCT, DIETARY SUPPLEMENT, OR BOTANICAL EXTRACT.

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           (E) "UNUSED PROPERTY MARKET" MEANS EITHER AN EVENT AT WHICH

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      2 OR MORE PERSONS OFFER TANGIBLE PERSONAL PROPERTY FOR SALE OR

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      EXCHANGE, AND A FEE IS CHARGED FOR THE SALE OR EXCHANGE OF PER-

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      SONAL PROPERTY OR A FEE IS CHARGED TO PROSPECTIVE BUYERS FOR

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      ADMISSION TO THE EVENT, OR AN EVENT AT WHICH MORE THAN 6 TIMES A

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      YEAR 1 OR MORE PERSONS OFFER OR DISPLAY TANGIBLE PERSONAL PROP-

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      ERTY FOR SALE OR EXCHANGE.  UNUSED PROPERTY MARKET INCLUDES, BUT

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      IS NOT LIMITED TO, EVENTS OR LOCATIONS COMMONLY KNOWN AS SWAP

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      MEETS, INDOOR SWAP MEETS, OR FLEA MARKETS.  UNUSED PROPERTY

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      MARKET DOES NOT INCLUDE ANY OF THE FOLLOWING:

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           (i) AN INDUSTRY OR ASSOCIATION TRADE SHOW.

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           (ii) AN EVENT ORGANIZED FOR THE EXCLUSIVE BENEFIT OF A COM-

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      MUNITY CHEST, FUND, FOUNDATION, ASSOCIATION, OR CORPORATION ORGA-

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      NIZED AND OPERATED FOR RELIGIOUS, EDUCATIONAL, OR CHARITABLE PUR-

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      POSES, IF NO PORTION OF ANY FEE CHARGED VENDORS OR PROSPECTIVE

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      PURCHASERS AND NONE OF THE GROSS RECEIPTS OR NET EARNINGS OF THE

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      SALE OR EXCHANGE OF PERSONAL PROPERTY BENEFIT A PRIVATE SHARE-

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      HOLDER OR PERSON PARTICIPATING IN THE EVENT OR THE ORGANIZATION

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      OF THE EVENT.

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           (iii) AN EVENT OR LOCATION AT WHICH ALL OF THE PERSONAL

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      PROPERTY OFFERED FOR SALE OR ON DISPLAY IS NEW AND EACH PERSON

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      SELLING, EXCHANGING, OFFERING, OR DISPLAYING PERSONAL PROPERTY



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      FOR SALE OR EXCHANGE IS THE MANUFACTURER OF THE PROPERTY OR AN

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      AUTHORIZED REPRESENTATIVE OR DISTRIBUTOR OF THE MANUFACTURER.

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           (F) "UNUSED PROPERTY MERCHANT" MEANS A PERSON WHO OFFERS,

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      DISPLAYS, SELLS, OR EXCHANGES TANGIBLE PERSONAL PROPERTY AT AN

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      UNUSED PROPERTY MARKET.  UNUSED PROPERTY MERCHANT DOES NOT

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      INCLUDE A PERSON WHO ONLY SELLS TANGIBLE PERSONAL PROPERTY FOR

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      FUTURE DELIVERY BY SAMPLE, CATALOG, OR BROCHURE OR A PERSON WHO

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      SELLS OR OFFERS TO SELL TANGIBLE PERSONAL PROPERTY TO A CONSUMER

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      PURSUANT TO AN INDIVIDUAL INVITATION ISSUED DIRECTLY TO THE CON-

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      SUMER AT A LOCATION OR PREMISES OWNED OR LEGALLY OCCUPIED BY THE

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      PERSON.


































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