Michigan Compiled Laws Act 429 Of 2008 Scrap Metal Regulatory Act (445.421 - 445.443)

AN ACT to regulate the purchase and sale of scrap metal and other items that contain ferrous or nonferrous metal to scrap metal dealers; to require sellers to provide and scrap metal dealers to obtain certain information at the time of a purchase transaction; to require that scrap metal dealers implement and maintain records of their purchase transactions and to make those records available for law enforcement purposes; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide for penalties and remedies.

History: 2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014

Section 445.421 Short Title.
This act shall be known and may be cited as the "scrap metal regulatory act". History: 2008, Act 429, Eff. Apr. 1, 2009 ;--...
Section 445.423 Definitions.
As used in this act: (a) "Ferrous metal" means a metal that contains significant quantities of iron or steel. (b) "First purchaser" means the...
Section 445.425 Scrap Metal Dealer; Seller; Duties.
(1) All of the following apply to a scrap metal dealer: (a) Unless section 6 applies, and except as provided in subdivision (b), a...
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.
(1) In a purchase transaction of any of the following items, the only methods of payment a scrap metal dealer may use to pay...
Section 445.427 Record Of Purchase Transaction; Preparation And Maintenance; Duration; Location; Availability For Inspection; Contents; Exception; Use Of Electronic Record-keeping System.
(1) Subject to subsection (4), and except as otherwise provided in this section, a scrap metal dealer shall prepare and maintain a separate, accurate,...
Section 445.429 Article Containing Nonferrous Metal; Tagging And Holding By Dealer Required; Circumstances; Creation And Maintenance Of Records; Certain Sales Prohibited.
(1) A dealer shall tag and hold, for 7 calendar days, any article containing nonferrous metal purchased from a seller and that is offered...
Section 445.430 Sale Or Purchase Of Certain Property Prohibited.
A person shall not knowingly sell or attempt to sell to a scrap metal dealer, and a scrap metal dealer shall not knowingly purchase...
Section 445.431 Database; Registration With Or Subscription To Be Required.
(1) A scrap metal dealer shall register with or subscribe to, maintain that registration or subscription with, and use in the conduct of its...
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.
(1) If a person violates section 7, or section 9, and knows or should have known that the person has violated that section, the...
Section 445.435 Violation Of Act As State Civil Infraction; Violation Of Mcl 445.426 As State Civil Infraction; Penalties.
(1) Except as provided in subsection (2), a person that violates this act knowing or having reason to know that the person is violating...
Section 445.437 Private Cause Of Action; Damages; "Value Of The Property Stolen" Defined; Costs And Attorney Fees.
(1) A person may bring a private cause of action against a seller or a scrap metal dealer, in a court of competent jurisdiction,...
Section 445.439 Remedies.
(1) The remedies under this act are cumulative and do not affect the ability or right of any other person, local governmental unit, or...
Section 445.441 Effective Date.
This act takes effect April 1, 2009. History: 2008, Act 429, Eff. Apr. 1, 2009
Section 445.443 Conditional Effective Date.
This act does not take effect unless all of the following bills of the 94th Legislature are enacted into law: (a) Senate Bill No....

Last modified: October 10, 2016