Section 445.421 – Short Title.
445.421 Short title. Sec. 1. This act shall be known and may be cited as the “scrap metal regulatory act”. History: 2008, Act 429, Eff. Apr. 1, 2009 ;– Am. 2014, Act 99, Eff. July 1, 2014
Section 445.423 – Definitions.
445.423 Definitions. Sec. 3. As used in this act: (a) “Ferrous metal” means a metal that contains significant quantities of iron or steel. (b) “First purchaser” means the first buyer of a manufactured item that contains ferrous or nonferrous metal in a retail or business-to-business transaction. A person that purchases scrap metal, or other property […]
Section 445.425 – Scrap Metal Dealer; Seller; Duties.
445.425 Scrap metal dealer; seller; duties. Sec. 5. (1) All of the following apply to a scrap metal dealer: (a) Unless section 6 applies, and except as provided in subdivision (b), a scrap metal dealer shall only pay a seller using 1 of the following methods of payment in a purchase transaction and shall not […]
Section 445.426 – Payment Methods for Certain Purchase Transactions; Electronic Database; Requirements; Single Shared Electronic Database; Determination or Selection by Department of State Police; Objection; Filing Petition; Hearing; Duties of Scrap Metal Dealer Upon Implementation and Operation of Database; Payment.
445.426 Payment methods for certain purchase transactions; electronic database; requirements; single shared electronic database; determination or selection by department of state police; objection; filing petition; hearing; duties of scrap metal dealer upon implementation and operation of database; payment. Sec. 6. (1) In a purchase transaction of any of the following items, the only methods of […]
Section 445.427 – Record of Purchase Transaction; Preparation and Maintenance; Duration; Location; Availability for Inspection; Contents; Exception; Use of Electronic Record-Keeping System.
445.427 Record of purchase transaction; preparation and maintenance; duration; location; availability for inspection; contents; exception; use of electronic record-keeping system. Sec. 7. (1) Subject to subsection (4), and except as otherwise provided in this section, a scrap metal dealer shall prepare and maintain a separate, accurate, and legible record of each purchase transaction. The dealer […]
Section 445.429 – Article Containing Nonferrous Metal; Tagging and Holding by Dealer Required; Circumstances; Creation and Maintenance of Records; Certain Sales Prohibited.
445.429 Article containing nonferrous metal; tagging and holding by dealer required; circumstances; creation and maintenance of records; certain sales prohibited. Sec. 9. (1) A dealer shall tag and hold, for 7 calendar days, any article containing nonferrous metal purchased from a seller and that is offered for purchase under any of the following circumstances: (a) […]
Section 445.430 – Sale or Purchase of Certain Property Prohibited.
445.430 Sale or purchase of certain property prohibited. Sec. 10. A person shall not knowingly sell or attempt to sell to a scrap metal dealer, and a scrap metal dealer shall not knowingly purchase or offer to purchase, any of the following types of property: (a) Public fixtures. This subdivision does not apply if the […]
Section 445.431 – Database; Registration With or Subscription to Be Required.
445.431 Database; registration with or subscription to be required. Sec. 11. (1) A scrap metal dealer shall register with or subscribe to, maintain that registration or subscription with, and use in the conduct of its business, an internet-based database available to scrap metal dealers, law enforcement agencies, and the general public that lists and tracks, […]
Section 445.433 – Violation of MCL 445.427 or 445.429 as Misdemeanor; Malfunction as Affirmative Defense; Conduct as Felony; Penalties; Report by Department of State Police.
445.433 Violation of MCL 445.427 or 445.429 as misdemeanor; malfunction as affirmative defense; conduct as felony; penalties; report by department of state police. Sec. 13. (1) If a person violates section 7, or section 9, and knows or should have known that the person has violated that section, the person is guilty of a misdemeanor […]
Section 445.435 – Violation of Act as State Civil Infraction; Violation of MCL 445.426 as State Civil Infraction; Penalties.
445.435 Violation of act as state civil infraction; violation of MCL 445.426 as state civil infraction; penalties. Sec. 15. (1) Except as provided in subsection (2), a person that violates this act knowing or having reason to know that the person is violating this act is responsible for a state civil infraction and may be […]
Section 445.437 – Private Cause of Action; Damages; “Value of the Property Stolen” Defined; Costs and Attorney Fees.
445.437 Private cause of action; damages; “value of the property stolen” defined; costs and attorney fees. Sec. 17. (1) A person may bring a private cause of action against a seller or a scrap metal dealer, in a court of competent jurisdiction, for monetary damages suffered from violation of this act. (2) If the court […]
Section 445.439 – Remedies.
445.439 Remedies. Sec. 19. (1) The remedies under this act are cumulative and do not affect the ability or right of any other person, local governmental unit, or state or federal governing unit to bring any action under this or any other civil, criminal, or regulatory act or ordinance that is otherwise not prohibited by […]
Section 445.441 – Effective Date.
445.441 Effective date. Sec. 21. This act takes effect April 1, 2009. History: 2008, Act 429, Eff. Apr. 1, 2009
Section 445.443 – Conditional Effective Date.
445.443 Conditional effective date. Sec. 23. This act does not take effect unless all of the following bills of the 94th Legislature are enacted into law: (a) Senate Bill No. 720. (b) Senate Bill No. 1114. (c) Senate Bill No. 1571. (d) House Bill No. 5694. History: 2008, Act 429, Eff. Apr. 1, 2009