Loading chat...

MI HB5256

Bill

Status

Engrossed

3/7/2018

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Changes the act's title to include provisions for disposition of allegedly misappropriated articles in the possession of secondhand and junk dealers and establishes powers and duties of governmental officers.

  • Requires secondhand and junk dealers to retain purchased or exchanged articles for at least 15 days before disposing of them, subject to new hold order provisions, and maintain records with item descriptions and seller information.

  • Establishes a written hold order process allowing law enforcement officials with probable cause to believe an article is misappropriated to place holds on items, with holding periods not exceeding 90 days unless extended by court order.

  • Provides that title to held articles vests in the secondhand or junk dealer 10 days after a hold order expires if no court extension is granted, and permits law enforcement to take custody of articles for criminal investigations.

  • Requires court hearings to determine ownership disputes and mandates restitution to dealers for payment made or property exchanged if the court finds against the original seller, with dealers protected from liability for seized articles.

Legislative Description

Occupations; junk and secondhand dealers; hold process for acquired goods; establish. Amends title & secs. 5 & 6 of 1917 PA 350 (MCL 445.405 & 445.406) & adds sec. 6a.

Law enforcement: investigations

Last Action

Referred To Committee On Commerce

3/8/2018

Committee Referrals

Commerce3/8/2018
Commerce And Trade11/28/2017

Full Bill Text

No bill text available