HB-5347, As Passed House, June 8, 2016HB-5347, As Passed Senate, June 8, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5347

A bill to amend 1921 PA 359, entitled

"An act to provide for the issuance of veterans' licenses without

cost to former members of the armed forces of the United States to

sell their own goods within this state; and to prescribe remedies,"

by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as

amended by 1989 PA 20 and section 2 as amended by 1996 PA 187.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) ~~Every honorably discharged member of the armed~~

~~forces of the United States who served at least 180 days of active~~

~~duty service in the armed forces or has a service connected~~

~~disability as a result of that service and is a resident of this~~

~~state has the right to~~ A veteran may sell his or her own goods

within this state if the proceeds from the sale of the goods are to

be used for ~~the~~ his or her direct personal benefit or gain. ~~of that~~

~~former member, by procuring~~

(2) A veteran who wishes to sell his or her own goods as

authorized under subsection (1) shall obtain a license for that

purpose ~~issued~~ as provided in this act. ~~, which shall be~~ A license

issued under this act is valid for a period of 1 year.

(3) As used in this act, "veteran" means an individual who

meets all of the following:

(a) Is a veteran as defined in section 1 of 1965 PA 190, MCL

35.61.

(b) Served at least 180 days of active service in the armed

forces of the United States or has a service-connected disability

as a result of service in the armed forces of the United States.

(d) Is a resident of this state.

Sec. 2. (1) Upon the presentation of evidence that the person

is a veteran to the clerk of any county , in which ~~any former~~

~~member of the armed forces~~ the veteran resides, ~~of a certificate of~~

~~honorable discharge from the armed forces of the United States,~~

~~showing that the person presenting it served at least 180 days of~~

~~active duty service or upon the presentation to the clerk of a~~

~~certificate from the United States department of veterans affairs~~

~~certifying that the person has a service connected disability,~~ the

county clerk shall issue without cost to the ~~former member~~ veteran

a veteran's license certifying him or her to be entitled to the

benefits of this act. The county clerk shall provide proper forms

and books and shall keep a record of all licenses issued under this

act. A license issued under this act is personal to the licensee.

An assignment or transfer of the license is void.

(2) The licensee while engaged in selling goods under this act

shall conspicuously display a sign at the place of sale that

contains the following information in not less than 18-point

boldfaced type:

(a) The name of the licensee.

(b) The license number.

"The profit from the sale of this product is for my personal

benefit".

(3) At the time of sale of goods under this act, a written

statement of not less than 12-point boldfaced type shall be printed

on or attached to the goods, in substantially the following form:

"The profit from the sale of this product is for my personal

benefit".

(4) A person shall not knowingly make a false representation

that the proceeds from goods sold under this act benefit a

veterans' organization. As used in this subsection "veterans'

organization" means any of the following:

(a) A veterans' organization chartered under federal law.

(b) An organization composed of veterans ~~as defined in Act No.~~

~~190 of the Public Acts of 1965, being sections 35.61 to 35.62 of~~

~~the Michigan Compiled Laws,~~ that is organized for a bona fide

fraternal, benevolent, educational, philanthropic, humane,

patriotic, or charitable purpose.

(5) A person who violates subsection (2), (3), or (4) is

responsible for a state civil infraction and may be ordered to pay

a civil fine of not more than $1,000.00.