April 19, 2006, Introduced by Reps. Clemente, Hildenbrand, Palsrok and Nofs and referred to the Committee on Energy and Technology.
A bill to amend 1945 PA 231, entitled
"An act to prescribe additional regulations and requirements for
pawnbrokers, secondhand dealers and junk dealers; to provide for
the taking of fingerprints and the making of reports to enforcement
officers; to prescribe penalties for the violation of the
provisions of this act; and to declare the effect of this act,"
by amending sections 1 and 6 (MCL 445.471 and 445.476).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be construed as supplementing the
laws of this state and city and village ordinances and charters
regulating or licensing pawnbrokers, secondhand dealers, and junk
dealers.
(2) The
term "secondhand As
used in this act:
(a)
"Secondhand dealer" or
"junk dealer" as used in this act
shall
mean means any person, corporation, or member or members of
a co-partnership or firm, whose principal business is that of
purchasing,
storing, selling, exchanging, and receiving second
hand
secondhand personal property of any kind or description. The
term
"pawnbroker" as used in this act shall mean
(b) "Pawnbroker" means any person, corporation, or member or
members of a co-partnership 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.
(c) "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 6(3).
Sec.
6. (1) Nothing in this act shall be deemed to This act
does not apply to any secondhand or junk dealer purchasing scrap
iron and metal, except scrapped motor vehicles not purchased from a
licensed second
hand secondhand or junk dealer.
(2) This act 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 or any
ordinance being supplemented by this act.
(3) A trading assistant in compliance with the following
conditions is exempt from licensure as a pawnbroker, secondhand
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.
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. 5957(request no.
05001'05 b).
(c) Senate Bill No.____ or House Bill No. 5958(request no.
05001'05 c).