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Michigan Statutes, Title 445

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Michigan/Statutes

← All Michigan coverage

Title 445, TRADE AND COMMERCE

114 chapters · 762 sections in this title.

All chapters in Title 445762 Ch 173-of-1987, MORTGAGE BROKERS, LENDERS, AND SERVI…42 Ch 331-of-1976, MICHIGAN CONSUMER PROTECTION ACT37 Ch 269-of-1974, FRANCHISE INVESTMENT LAW34 Ch 332-of-1965, HOME IMPROVEMENT FINANCE ACT34 Ch 118-of-1981, MOTOR VEHICLE FRANCHISE ACT28 Ch 224-of-1966, RETAIL INSTALLMENT SALES ACT27 Ch 424-of-1984, RENTAL-PURCHASE AGREEMENT ACT20 Ch 452-of-2004, IDENTITY THEFT PROTECTION ACT20 Ch 274-of-1984, MICHIGAN ANTITRUST REFORM ACT19 Ch 229-of-2013, SECURITY FREEZE ACT18 Ch Initiated Law 1-of-1976, BEVERAGE CONTAINERS17 Ch 155-of-1981, OWNERSHIP RIGHTS IN DIES, MOLDS, AND…17 Ch 33-of-2009, RECREATIONAL VEHICLE FRANCHISE ACT15 Ch 15-of-2011, SHOPPING REFORM AND MODERNIZATION ACT14

14 sections·Filtered byTitle 445✕Ch 429-of-2008✕

Mich. Comp. Laws § 445.421 Short title.
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Sec. 1. This act shall be known and may be cited as the "scrap metal regulatory act".
Mich. Comp. Laws § 445.423 Definitions.
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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 pe…
Mich. Comp. Laws § 445.425 Scrap metal dealer; seller; duties.
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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 pay the seller…
Mich. Comp. Laws § 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.
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Sec. 6. (1) In a purchase transaction of any of the following items, the only methods of payment a scrap metal dealer may use to pay a seller are a direct deposit or electronic transfer to the seller's account at a financial institution; subject to subsection (5), payment with a …

Mich. Comp. Laws § 445.427 Record of purchase transaction; preparation and maintenance; duration; location; availability for inspection; contents; exception; use of electronic record-keeping system.

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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 shall maintain the records described in this section for at l…

Mich. Comp. Laws § 445.429 Article containing nonferrous metal; tagging and holding by dealer required; circumstances; creation and maintenance of records; certain sales prohibited.

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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) The article has altered or obliterated serial numbers, and the person deliv…

Mich. Comp. Laws § 445.430 Sale or purchase of certain property prohibited.

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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 gover…

Mich. Comp. Laws § 445.431 Database; registration with or subscription to be required.

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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…

Mich. Comp. Laws § 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.

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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 punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both. If a violat…

Mich. Comp. Laws § 445.435 Violation of act as state civil infraction; violation of MCL 445.426 as state civil infraction; penalties.

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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 ordered to pay a civil fine of not more than $5,000.00. (2) A scrap met…

Mich. Comp. Laws § 445.437 Private cause of action; damages; "value of the property stolen" defined; costs and attorney fees.

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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 in an action described in subsection (1) finds that the violation i…

Mich. Comp. Laws § 445.439 Remedies.

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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 othe…

Mich. Comp. Laws § 445.441 Effective date.

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Sec. 21. This act takes effect April 1, 2009.

Mich. Comp. Laws § 445.443 Conditional effective date.

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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.