Bill Text: MI HB5920 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Occupations; pawnbrokers; licensing of businesses engaging in pawn transactions; clarify. Amends secs. 1, 3 & 18 of 1917 PA 273 (MCL 446.201 et seq.). TIE BAR WITH: HB 5918'12, HB 5919'12

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-20 - Printed Bill Filed 09/20/2012 [HB5920 Detail]

Download: Michigan-2011-HB5920-Introduced.html

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HOUSE BILL No. 5920

 

September 19, 2012, Introduced by Rep. Lipton and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1917 PA 273, entitled

 

"An act to regulate and license pawnbrokers in certain governmental

units of this state; and to prescribe certain powers and duties of

certain local governmental units and state agencies,"

 

by amending sections 1, 3, and 18 (MCL 446.201, 446.203, and

 

446.218), sections 1 and 3 as amended by 2006 PA 292.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A person , corporation, or firm shall not conduct

 

business as a pawnbroker do any of the following in any of the

 

governmental units of this state without having first obtained

 

obtaining from the chief executive officer of that governmental

 

unit a license under this act: that authorizes that person,

 

corporation, or firm to conduct that business. This subsection

 

     (a) Conduct business as a pawnbroker.

 

     (b) Include the word "pawn" or "pawnbroker" in the name of the

 

business.

 

     (c) Advertise or otherwise represent that the person is a

 

pawnbroker.

 

     (2) Subsection (1) does not require an internet drop-off store

 

complying that complies with subsection (3) (4), 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.

 

     (2) Licensure under either or both of the following acts does

 

not exempt a person from obtaining a license under this act:

 

     (3) (a) The Registration under the precious metal and gem

 

dealer act, 1981 PA 95, MCL 445.481 to 445.492, does not exempt a

 

person from obtaining a license under this act.

 

     (b) Licensure under 1917 PA 350, MCL 445.401 to 445.408, does

 

not exempt a person from obtaining a license under this act.

 

     (4) (3) An internet drop-off store in compliance that complies

 

with the following conditions is exempt from licensure as a

 

pawnbroker under this act:

 

     (a) Has a fixed place of business within this state except

 

that he or she exclusively transacts all purchases or sales by

 

means of the internet and the purchases and sales are not

 

physically transacted on the premises of that fixed place of

 

business.

 

     (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 and that is

 

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 The 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 police agency with any name under which

 

it conducts business on the website and access to the business

 

premises at any time during normal business hours for purposes of

 

inspection.

 

     (e) Within 24 hours after a request from a local police

 

agency, provide an electronic copy of the seller's or consignor's

 

name, address, telephone number, driver license number and issuing

 

state, the buyer's name and address, if applicable, and a

 

description of the personal property or other valuable thing as

 

described in subdivision (c). The provision of store shall provide

 

the information shall be in a format acceptable to the local police

 

agency but shall at least be in a legible format and in the English

 

language.

 

     (f) 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 and not in

 

cash. No The store shall not provide payment shall be provided to

 

the seller until the item is sold.

 

     (g) Immediately remove the personal property or other valuable

 

thing from the website if the local police agency determines that

 

the personal property or other valuable thing is stolen.

 

     Sec. 3. As used in this act:

 

     (a) "Chief executive officer" means any of the following:

 

     (i) For a city, the mayor.

 

     (ii) For a village, the village president.

 

     (iii) For a township or charter township, the township

 

supervisor.

 

     (iv) For a county, the county executive or, if there is no

 

county executive, the person designated by a resolution of the

 

county board of commissioners.

 

     (b) "Governmental unit" means a city, township, charter

 

township, county, or incorporated village.

 

     (c) "Internet drop-off store" 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 1(3).1(4).

 

     (d) "Local police agency" means the police agency of the city,

 

village, or township, or if none, the county sheriff of the county

 

in which the an internet drop-off store conducts business.

 

     (e) "Pawnbroker" means a person , corporation, or member, or

 

members of a copartnership or firm, who loans that does any of the

 

following:

 

     (i) Loans money on deposit, or pledge of personal property, or

 

other valuable thing, other than securities or printed evidence of

 

indebtedness. , or who deals

 

     (ii) Deals in the purchasing of personal property or other

 

valuable thing on condition of selling the same back again at a

 

stipulated price.

 

     (f) "Person" means an individual, a general partner, or a

 

corporation, limited liability company, partnership, or other legal

 

entity.

 

     Sec. 18. Any person who shall violate A person that violates

 

any of the provisions of this act, whether as owner, or as a clerk,

 

agent, servant, or employe employee of a person, shall be is guilty

 

of a misdemeanor and upon conviction thereof in any court of

 

competent jurisdiction be fined not less than 25 dollars nor more

 

than 100 dollars, or punishable by imprisonment in the county jail

 

for not less fewer than 10 days nor or more than 3 months, 90 days

 

or a fine of not less than $25.00 or more than $100.00, or by both.

 

such fine and imprisonment in the discretion of the court. However,

 

if the violation is a second or subsequent violation of section

 

1(1), the person 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. 5919(request no.

 

02060'11).

 

     (b) Senate Bill No.____ or House Bill No. 5918(request no.

 

02061'11).