November 8, 2007, Introduced by Senators BROWN, JELINEK, PAPPAGEORGE and VAN WOERKOM and referred to the Committee on Economic Development and Regulatory Reform.
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 4, 5, and 8 (MCL 445.404, 445.405, and
445.408), as amended by 2006 PA 675.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A second hand dealer or junk dealer shall post in
a conspicuous place in or upon its place of business a sign having
its name and occupation.
(2)
A second hand or junk dealer shall keep make and maintain
a separate book or other written or electronic record, numbered
consecutively, and open to inspection by a member of a local law
enforcement agency, in which shall be written or entered in the
English language at the time of the purchase or exchange of any
article
a description of the article, the and all of the following:
(a) The name, description, fingerprint, operator's or
chauffeur's license or state identification number, registration
plate number, and address of the person from whom the article was
purchased
and received. , and the The second hand dealer or junk
dealer shall make a copy of the operator's license, chauffeur's
license, or state identification card as part of the book or
record.
(b)
The day and hour when the
purchase or exchange was made.
as
well as the
(c)
The location from which the item was
obtained. , if
applicable.
Each entry shall be numbered consecutively.
Sec. 5. (1) The articles purchased or exchanged shall be
retained by the purchaser for at least 15 days before disposing of
them, in an accessible place in the building where the articles are
purchased and received. A tag shall be attached to the articles in
some visible and convenient place, with the number written
thereupon, to correspond with the entry number in the book or other
record.
(2) The purchaser shall prepare and deliver on Monday of each
week to the chief of police or chief law enforcement officer of the
local
unit of government in which such that business is carried on,
before
12 o'clock noon, a legible and correct paper or electronic
copy, written
in the English language, from the book or other
written or electronic record, containing a description of each
article purchased or received during the preceding week, the hour
and
day when the purchase was made, and the description of the
person from whom it was purchased, and a copy of the documentation
required under section 4 regarding the person from whom it was
purchased. The statement shall be verified by the person
subscribing
his or her name thereto in a
manner acceptable to the
chief of police or chief law enforcement officer.
(3) This section does not apply to old rags, waste paper, and
household goods except radios, televisions, record players, and
electrical appliances and does not require the purchaser to retain
articles purchased from individuals, firms, or corporations having
a fixed place of business after those articles shall have been
reported.
Sec. 8. (1) Except as otherwise provided for in this section,
a person who violates this act is guilty of a misdemeanor and shall
be imprisoned for not more than 6 months and shall be fined not
less than $500.00 or more than $1,000.00.
(2) A second hand or junk dealer who buys or sells scrap
metal, knowing that it is stolen, is guilty of a felony punishable
by imprisonment for not more than 3 years or a fine of not more
than $2,000.00, or both.
(3) A second hand or junk dealer who buys or sells stolen
scrap metal that he or she has reason to believe was unlawfully
removed from a utility pole, irrigation system, agricultural
machinery, telecommunication company property, government property,
or utility property or jobsite is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not more than
$10,000.00, or both.
(4) The license of a person, corporation, copartnership, or
firm that is found guilty of violating any of the provisions of
this act shall be considered to be revoked upon entry of a
conviction and such person, corporation, copartnership, or firm
shall not be permitted to carry on the business of being a second
hand or junk dealer within this state for a period of 1 year after
that conviction.
(5) The remedies under this act are independent and
cumulative. The use of 1 remedy by a person does not bar the use of
other lawful remedies by that person or the use of a lawful remedy
by another person.