April 19, 2006, Introduced by Reps. Palsrok, Hildenbrand, Nofs and Clemente and referred to the Committee on Energy and Technology.
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 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.
(3) A trading assistant 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.
(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 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) "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.
(b) "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. 5955(request no.
05001'05).
(b) Senate Bill No.____ or House Bill No. 5956(request no.
05001'05 a).
(c) Senate Bill No.____ or House Bill No. 5958(request no.
05001'05 c).