Act No. 214

Public Acts of 2016

Approved by the Governor

June 21, 2016

Filed with the Secretary of State

June 22, 2016

EFFECTIVE DATE: September 20, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Reps. Cole, Barrett, Lucido and Kosowski

ENROLLED HOUSE BILL No. 5347

AN ACT 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) 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 his or her direct personal benefit or gain.

(2) A veteran who wishes to sell his or her own goods as authorized under subsection (1) shall obtain a license for that purpose as provided in this act. 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.

(c) Was honorably discharged.

(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 the veteran resides, the county clerk shall issue without cost to the 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.

(c) A statement in substantially the following form:

“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 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.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5332 of the 98th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor