HOUSE BILL NO. 6435
November 12, 2020, Introduced by Reps. Meerman
and Steven Johnson and referred to the Committee on Government Operations.
November 12, 2020, Introduced by Reps. Meerman and Steven Johnson and referred to the Committee on Government Operations.
"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, 2022, the notice must be published in a newspaper of general circulation in the county at least 5 days before the sale.
(b) Beginning January 1, 2022, at least 14 days before the sale, notice must be posted as provided in the local government public notice act.
(c) The notice shall must describe the property and shall must state the time and place of public sale. at which
(4) At a public sale as described in subsection (3), 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 must 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.