September 19, 2012, Introduced by Rep. Lipton and referred to the Committee on Regulatory Reform.
A bill to amend 1981 PA 95, entitled
"The precious metal and gem dealer act,"
by amending sections 6, 9, and 10 (MCL 445.486, 445.489, and
445.490).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) A dealer or an agent or employee of a dealer shall
not do any of the following:
(a) Knowingly receive or purchase a precious item from any
person
individual who is less than 18 years of age or any person
known by the dealer or agent or employee of the dealer to have been
convicted of theft or receipt of stolen property within the
preceding 5 years, whether the individual or person is acting in
his or her own behalf or as the agent of another.
(b)
Knowingly receive or purchase a precious item from a
person
an individual unless that person he or she presents a valid
driver's license or a valid state of Michigan personal
identification card.
(2) A second hand or junk dealer shall not conduct business as
a pawnbroker without a license under 1917 PA 273, MCL 446.201 to
446.219. As used in this subsection:
(a) "Conduct business as a pawnbroker" means to engage in any
conduct or activity described in section 1(1) of 1917 PA 273, MCL
446.201.
(b) "Pawnbroker" means that term as defined in section 3 of
1917 PA 273, MCL 446.203.
Sec.
9. A dealer or an agent or employee of a dealer who that
does
any of the following is guilty of a felony , punishable by
imprisonment
for not more than 2 years , or a
fine of $5,000.00, or
both:
(a) Totally fails to record a transaction on a record of
transaction form as required by section 4.
(b) Knowingly falsifies the records kept as required by
section 4.
(c)
Violates section 6 6(1).
Sec.
10. (1) A dealer who that violates section 3(1)
or 5 is
guilty
of a felony , punishable
by imprisonment for not more than 2
years , or a fine of $5,000.00, or both.
(2) A dealer that violates section 6(2) is guilty of a
misdemeanor punishable by imprisonment for not fewer than 10 days
or more than 90 days or a fine of not less than $25.00 or more than
$100.00, or both. However, if the violation is a second or
subsequent violation of section 6(2), the dealer is guilty of a
misdemeanor punishable by imprisonment for not fewer than 10 days
or more than 90 days or a fine of not less than $1,000.00 or more
than $2,500.00, or both.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5920(request no.
01496'11).
(b) Senate Bill No. ____ or House Bill No. 5919(request no.
02060'11).