December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1925 PA 51, entitled
"An act to license and regulate the business of transient
merchants, to provide penalties for the violation of this act, and
to repeal certain inconsistent acts,"
by amending section 7 (MCL 445.377), as amended by 1988 PA 292.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7. (1) A person who that violates this act is guilty of a
misdemeanor, punishable by a fine of $1,000.00 or 10% of the value
of
any property impounded pursuant to under this section,
whichever
amount is greater, and court costs. If the county sheriff or local
law enforcement officer has probable cause to believe that a person
is
engaging in business as a transient merchant without having
first
obtained obtaining a license in the manner provided for in
this act, the county sheriff or local law enforcement officer shall
immediately take into custody and impound all goods offered for
sale
by the transient merchant until the matter has been is
adjudicated by a court of proper jurisdiction.
(2)
The A transient merchant may obtain his or her the
transient
merchant's impounded goods prior to before adjudication
by paying, either in cash or by security bond, $1,000.00 or an
amount equal to the value of the impounded property, whichever
amount is greater.
(3)
If the a transient merchant is convicted of violating this
act and fails to pay the fine and court costs provided in
subsection (1) within 7 days after the date of conviction, the
sheriff or local law enforcement officer shall sell the impounded
goods
by publishing notice at a
public sale and shall provide
public notice of the sale. All of the following apply to the public
notice:
(a) Before January 1, 2015, the notice shall be published in a
newspaper of general circulation in the county at least 5 days
before the sale.
(b) Beginning January 1, 2015, at least 14 days before the
sale tier B public notice shall be provided as set forth in the
local government public notice act.
(c) The notice shall describe the property and shall state the
time
and place of public sale. at which
(4) At the public sale, the highest bidder may purchase the
impounded
property. may be purchased by the highest bidder.
(5) (4)
The sheriff or local law
enforcement officer shall
conduct the sale and shall deposit from the proceeds of the sale an
amount
equal to the fine and court costs provided in required under
subsection (1) with the court in which the transient merchant was
convicted.
Any proceeds of the sale which that
exceed the fine
shall be returned to the transient merchant. Any sheriff or local
law enforcement officer disposing of property in the manner
provided
in this act shall is not be liable to the transient
merchant for the sale.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.