AB23: Bill Text

LRB-1326/2

MGG:kaf:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 23

January 28, 1997 - Introduced by Representatives Riley, Krug, Freese, Dobyns, Notestein, Olsen, Bock, Morris-Tatum, OttE and Boyle, cosponsored by Senators Moore and Huelsman. Referred to Committee on Consumer Affairs.

AB23,1,2 An Act to create 134.695 of the statutes; relating to: the purchase of used home furnishings by antique dealers and recyclers and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill regulates the purchase of used home furnishings by antique dealers and recyclers. The bill provides that no antique dealer or recycler may purchase or receive used home furnishings from a person unless the antique dealer or recycler records the person's name and address, the number printed on certain kinds of personal identification, the registration plate numbers, if any, and other information relating to the motor vehicle, if any, delivering the used home furnishings and, if known by the person, the address of the home or other building from which the used home furnishings were removed. The bill also requires that the antique dealer or recycler maintain a record of this information for a period of not less than one year.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB23, s. 1 Section 1. 134.695 of the statutes is created to read:

AB23,1,4 134.695 Antique dealers and recyclers. (1) In this section:

AB23,2,2 (a) "Antique dealer" means a person who is engaged in the business of selling or purchasing used home furnishings.

AB23,2,5 (b) "Recycler" means a person who is engaged in the business of purchasing used home furnishings for the purpose of collecting, separating, processing and selling the material that was used in manufacturing the used home furnishings.

AB23,2,7 (c) "Registration plate" means a plate specified under s. 341.12 or under a similar law of another state.

AB23,2,11 (d) "Used home furnishings" means windows, siding, piping, radiators, cabinets, bookcases, doors, light fixtures, wood moldings, bathroom fixtures, bannisters, doorknobs, mantels, staircases or other attached items that are removed from a home or other building.

AB23,2,14 (2) No antique dealer or recycler may purchase or receive used home furnishings from a person unless the antique dealer or recycler records all of the following information:

AB23,2,15 (a) The person's name and address.

AB23,2,18 (b) The person's motor vehicle operator's license number, state identification card number, military identification card number, U.S. passport number or alien registration card number.

AB23,2,21 (c) The registration plate numbers, if any, and the color, make, model and year of the motor vehicle, if any, delivering the used home furnishings to the antique dealer or recycler.

AB23,2,23 (d) If known by the person, the address of the home or other building from which the used home furnishings were removed.

AB23,3,3 (3) An antique dealer or recycler shall maintain a record of the information provided under sub. (2) for not less than one year after the later of the dates on which the antique dealer or recycler purchases or receives the used home furnishings.

AB23,3,6 (4) Any person who violates this section shall forfeit not less than $100 nor more than $1,000 for the first offense and shall forfeit not less than $500 nor more than $3,000 upon conviction for a 2nd or subsequent offense.

AB23,3,7 (End)