April 19, 2006, Introduced by Reps. Hildenbrand, Palsrok, Nofs and Clemente and referred to the Committee on Energy and Technology.
A bill to amend 1917 PA 273, entitled
"An act to regulate and license pawnbrokers in certain governmental
units of this state; and to prescribe certain powers and duties of
certain local governmental units and state agencies,"
by amending sections 1 and 3 (MCL 446.201 and 446.203), section 1
as amended by 2004 PA 585 and section 3 as amended by 2002 PA 469.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person, corporation, or firm shall not conduct
business as a pawnbroker in any of the governmental units of this
state without having first obtained from the chief executive
officer of that governmental unit a license under this act that
authorizes that person, corporation, or firm to conduct that
business. This subsection does not require a trading assistant
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.
(2) Licensure under either or both of the following acts does
not exempt a person from obtaining a license under this act:
(a) The precious metal and gem dealer act, 1981 PA 95, MCL
445.481 to 445.492.
(b) 1917 PA 350, MCL 445.401 to 445.408.
(3) A trading assistant in compliance with the following
conditions is exempt from licensure as a pawnbroker under this act:
(a) Has a fixed place of business within this state.
(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 police 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 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 police 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 police agency upon
learning if the verification reveals that the personal property or
other valuable thing is stolen.
Sec. 3. As used in this act:
(a) "Chief executive officer" means any of the following:
(i) For a city, the mayor.
(ii) For a village, the village president.
(iii) For a township or charter township, the township
supervisor.
(iv) For a county, the county executive or, if there is no
county executive, the person designated by a resolution of the
county board of commissioners.
(b) "Governmental unit" means a city, township, charter
township, county, or incorporated village.
(c) "Pawnbroker" means a person, corporation, or member, or
members of a copartnership or firm, who loans money on deposit, or
pledge of personal property, or other valuable thing, other than
securities or printed evidence of indebtedness, or who deals in the
purchasing of personal property or other valuable thing on
condition of selling the same back again at a stipulated price.
(d) "Trading assistant" 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).
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) Senate Bill No.____ or House Bill No. 5956(request no.
05001'05 a).
(b) Senate Bill No.____ or House Bill No. 5957(request no.
05001'05 b).
(c) Senate Bill No.____ or House Bill No. 5958(request no.
05001'05 c).