HB-5694, As Passed Senate, December 10, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5694

     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 and the Michigan state police, 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.

     (d) Payment for an item shall be made only by check or by an

electronic payment system. The record shall indicate the method of

payment.

     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 5 years or a fine of not more

than $2,000.00 $5,000.00, or both. The penalties imposed under this

subsection apply only to a first violation of this subsection.

     (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, telecommunication company property,

government property, or utility property or jobsite knowing that it

was stolen 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.

The penalties imposed under this subsection apply to a second or

subsequent violation.

     (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.

     Enacting section 1. This amendatory act takes effect April 1,

2009.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 720.

     (b) Senate Bill No. 1114.

     (c) Senate Bill No. 1571.

     (d) House Bill No. 6181.