Michigan Compiled Laws
Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443)
Section 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 seller is a governmental unit or the seller has written authorization from the governmental unit that owned the property to sell the property.
(b) Metal articles or materials that are clearly marked as property belonging to a person other than the seller. This subdivision does not apply if the seller has authorization from that person to sell the property.
(c) A commemorative, decorative, or other cemetery-related or apparently ceremonial article. This subdivision does not apply if the seller is the owner of the article; if the seller is authorized by the owner of the article to sell the article; or if the seller of a cemetery-related article is the cemetery in which the article was located.
(d) Metal articles or materials removed from property owned by a railroad company or from a railroad right-of-way. This subdivision does not apply if the seller is the owner of the metal articles or materials; is the manufacturer of the metal articles or materials; is a contractor engaged in the business of repairing railroad equipment; or is a person that has written authorization from that owner, manufacturer, or contractor to sell those metal articles or materials.
(e) A silver alloy telecommunication battery with a threaded insert terminal connection. This subdivision does not apply to a battery used in auto or mobile equipment. This subdivision does not apply if the seller is a provider of telecommunication service or if the seller has written authorization from the provider of telecommunication service that owned the property to sell the property.
History: Add. 2014, Act 99, Eff. July 1, 2014

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443)

Section 445.421 - Short Title.

Section 445.423 - Definitions.

Section 445.425 - Scrap Metal Dealer; Seller; Duties.

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...

Section 445.427 - Record of Purchase Transaction; Preparation and Maintenance; Duration; Location; Availability for Inspection; Contents; Exception; Use of Electronic Record-Keeping System.

Section 445.429 - Article Containing Nonferrous Metal; Tagging and Holding by Dealer Required; Circumstances; Creation and Maintenance of Records; Certain Sales Prohibited.

Section 445.430 - Sale or Purchase of Certain Property Prohibited.

Section 445.431 - Database; Registration With or Subscription to Be Required.

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.

Section 445.435 - Violation of Act as State Civil Infraction; Violation of MCL 445.426 as State Civil Infraction; Penalties.

Section 445.437 - Private Cause of Action; Damages; "Value of the Property Stolen" Defined; Costs and Attorney Fees.

Section 445.439 - Remedies.

Section 445.441 - Effective Date.

Section 445.443 - Conditional Effective Date.