HB-5957, As Passed House, May 16, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5957

     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 sections 1 and 3 (MCL 445.401 and 445.403).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1)  No  A person, corporation, copartnership, or firm

shall  hereafter  not carry on the business of dealer in second

hand goods or junk dealer in any of the cities or villages of this

state having a population of 1,000 located in counties of 25,000 or

over without having first obtained, from the mayor of the city or

the president of the village where such business is to be carried

on, a license  subject to the provisions of  under this act

authorizing  such  that person, corporation, copartnership, or firm

to carry on  such  that business.

     (2) This subsection does not require an internet drop-off

store complying with subsection (3), or a person engaged in the

sale, purchase, consignment, or trade of personal property or other

valuable thing for himself or herself, to obtain a license under

this act.

     (3) An internet drop-off store in compliance with the

following conditions is exempt from licensure as a second hand

dealer or junk dealer under this act:

     (a) Has a fixed place of business within this state except

that he or she exclusively transacts all purchases or sales by

means of the internet and the purchases and sales are not

physically transacted on the premises of that fixed place of

business.

     (b) Has the personal property or other valuable thing

available on a website for viewing by photograph, if available, by

the general public at no charge, which website shall be searchable

by zip code or state, or both. The website viewing shall include,

as applicable, serial number, make, model, and other unique

identifying marks, numbers, names, or letters appearing on the

personal property or other valuable thing.

     (c) Maintains records of the sale, purchase, consignment, or

trade of the personal property or other valuable thing for at least

2 years, which records shall contain a description, including a

photograph, if available, and, if applicable, serial number, make,

model, and other unique identifying marks, numbers, names, or

letters appearing on the personal property or other valuable thing.

     (d) Provide the local law enforcement agency with any name

under which it conducts business on the website, access to the

business premises at any time during normal business hours for

purposes of inspection, and, within 24 hours after entering into

the contract for the sale, purchase, consignment, or trade of the

personal property or other valuable thing, an electronic copy of

the seller's or consignor's name, address, telephone number, driver

license number and issuing state, and description of the personal

property or other valuable thing as described in subdivision (c).

The provision of information shall be in a format acceptable to the

local law enforcement agency but shall at least be in a legible

format and in the English language.

     (e) Provide that payment for the personal property or other

valuable thing is executed by means of check or other electronic

payment system, so long as the payment is not made in cash.

     (f) Immediately remove the personal property or other valuable

thing from the website and notify the local law enforcement agency

upon learning if the verification reveals that the personal

property or other valuable thing is stolen.

     Sec. 3.  Any  As used in this act:

     (a) "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).

     (b) "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.

     (c) "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 and

foundries.

     (d) "Second hand dealer" or "junk dealer" means any person,

corporation, or member or members of a co-partnership or firm whose

principal business is that of purchasing, selling, exchanging,

storing, or receiving second hand articles of any kind, cast iron,

old iron, old steel, tool steel, aluminum, copper, brass, lead pipe

or tools, lighting and plumbing fixtures.  , is hereby defined to

be a second hand dealer or junk dealer. Second hand dealer or junk

dealer does not include a scrap processor.

     Enacting section 1.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5955.

     (b) House Bill No. 5956.

     (c) House Bill No. 5958.