reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.321 - Public Consumer Education Program; Purpose; Appropriation; Internet Website.

445.321 Public consumer education program; purpose; appropriation; internet website.
Sec. 11.
(1) For the fiscal year ending September 30, 2011, $100,000.00 is appropriated from the general fund to the department of attorney general to develop and implement a public consumer education program to provide general information and advice regarding the advertising and pricing requirements of this act and the remedies available to consumers under this act.
(2) The attorney general shall establish and maintain an internet website available to the public that provides general information and advice regarding the advertising and pricing requirements of this act and the remedies available to consumers under this act.
(3) The appropriation made and the expenditures authorized under this section and the department of attorney general are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.322 - Individual or Class Action.

445.322 Individual or class action.
Sec. 12.
(1) Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged violation of this act:
(a) Obtain a declaratory judgment that an act or practice violates this act.
(b) Enjoin by temporary or permanent injunction a person that is engaging or is about to engage in an act or practice that violates this act.
(2) Except as provided in section 9, a person that suffers loss as a result of a violation of this act may bring an individual or a class action to recover actual damages or $250.00, whichever is greater, for each day on which a violation of this act is found, together with reasonable attorneys' fees that do not exceed $300.00 in an individual action.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.323 - Investigation by Prosecuting Attorney; Action.

445.323 Investigation by prosecuting attorney; action.
Sec. 13.
A prosecuting attorney may conduct an investigation under this act and may institute and prosecute an action under this act in the same manner as the attorney general.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.324 - Remedies; Enactment of Inconsistent Ordinances or Regulations.

445.324 Remedies; enactment of inconsistent ordinances or regulations.
Sec. 14.
(1) The remedies provided under this act are the exclusive remedies for violations of section 4, 7, 8, or 9.
(2) A city, village, township, or county shall not enact an ordinance or other regulation that is inconsistent with this act or with a rule promulgated under this act.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 184 of 1913 - Sale of Farm Products on Commission (445.331 - 445.341)

SALE OF FARM PRODUCTS ON COMMISSION
Act 184 of 1913
445.331-445.341 Repealed. 2001, Act 144, Imd. Eff. Oct. 26, 2001.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 449 of 1976 - Pricing and Advertising of Consumer Items (445.351 - 445.364)

PRICING AND ADVERTISING OF CONSUMER ITEMS
Act 449 of 1976
445.351-445.364 Repealed. 2011, Act 15, Eff. Sept. 1, 2011.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.371 - Definitions.

445.371 Definitions.
Sec. 1.
As used in this act
(a) "Transient merchant" means any person, firm, association, or corporation engaging temporarily in a retail sale of goods, wares, or merchandise, in any place in this state and who, for the purpose of conducting business, occupies any lot, building, room, or structure of any kind. The term shall not apply to any of the following:
(i) A person selling goods, wares, or merchandise of any description raised, produced, or manufactured by the individual offering the same for sale.
(ii) A person soliciting orders by sample, brochure, or sales catalog for future delivery or making sales at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises.
(iii) A person handling vegetables, fruits, or perishable farm products at any established city or village market.
(iv) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to the property owned or occupied by him or her.
(v) A person operating a stand on any fairgrounds.
(vi) A person selling at an art fair or festival or similar event at the invitation of the event's sponsor if all of the following conditions are met:
(A) The sponsor is a governmental entity or nonprofit organization.
(B) The person provides the sponsor with the person's sales tax license number.
(C) The sponsor provides a list of the event's vendors and their sales tax license numbers to the county treasurer and the state treasurer.
(b) "Person" includes any corporation, or partnership, or 2 or more persons having a joint or common interest.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9748 ;-- CL 1948, 445.371 ;-- Am. 1988, Act 292, Imd. Eff. Aug. 4, 1988
Former Law:
See Act 259 of 1899; Act 191 of 1901, being CL 1915, §§ 6984 to 7000; Act 294 of 1913, being CL 1915, §§ 7001 to 7009; Act 191 of 1915; and Act 383 of 1921.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.372 - Transient Merchants; License Required.

445.372 Transient merchants; license required.
Sec. 2.
It shall be unlawful for any person, either as principal or agent, to engage in business as a transient merchant in the state of Michigan without having first obtained a license in the manner herein provided.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9749 ;-- CL 1948, 445.372
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.373 - Application for License; Contents; Attachment; Service of Process; Deposit or Surety Bond; Fee; Issuance and Expiration of License; Copies to State Treasurer; Display of License.

445.373 Application for license; contents; attachment; service of process; deposit or surety bond; fee; issuance and expiration of license; copies to state treasurer; display of license.
Sec. 3.
Any person desiring to engage in a business shall make and file with the county treasurer of the county in which he or she intends to do business a written application stating the applicant's name, residence, federal taxpayer identification number, number of employees, state employer identification number, place where he or she intends to do business, and kind of business. A copy of the applicant's Michigan sales tax license shall be attached to the application, except for an applicant selling only food for human consumption as defined in section 4g of Act No. 167 of the Public Acts of 1933, being section 205.54g of the Michigan Compiled Laws. If the applicant is acting as agent for another person, the applicant shall cause to be filed with the county treasurer a power of attorney appointing the county treasurer the agent of the principal on whom service of process may be made in any suit commenced against the principal. The applicant shall at the same time deposit $500.00 with the county treasurer, or file a surety company bond for that amount. The applicant shall also pay the county treasurer a $25.00 license fee. Upon receiving the fees, the county treasurer shall issue to the applicant the license if satisfied that the business to be conducted by the person is not intended to cheat or defraud the public. A license issued under this section shall expire on the December thirty-first after its issuance. Not more than 10 days after issuing a license, the county treasurer shall send a copy of the license and the completed application to the state treasurer. The license shall be displayed in full view at the place of business.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9750 ;-- CL 1948, 445.373 ;-- Am. 1988, Act 292, Imd. Eff. Aug. 4, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.374 - License; Deposit; Subjection to Claims; Balance, Deposit.

445.374 License; deposit; subjection to claims; balance, deposit.
Sec. 4.
Deposits made with such county treasurer as required by the preceding section shall be subject to claims of creditors and claims for local license fees on behalf of any city, village or township in all cases where a judgment has been obtained against such transient merchant in any court in this state and the time for appealing such judgment has expired. In such cases garnishment proceedings may be commenced in such court against said county treasurer. It shall thereupon be the duty of the county treasurer to remit to any such court any balance of said cash deposit remaining in his hands not exceeding the amount of said judgment, for the purpose of satisfying the same. Any balance of said cash deposit remaining in the hands of the county treasurer 4 months after the expiration of said license shall be remitted to said transient merchant, provided, if, at such date, the county treasurer shall have received notice of any suit then pending against said transient merchant, said deposit shall not be returned until 60 days after the termination of such suit.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9751 ;-- CL 1948, 445.374
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.375 - License; Invalidation, Exhaustion of Deposit; Revocation.

445.375 License; invalidation, exhaustion of deposit; revocation.
Sec. 5.
Any such license shall be void as soon as the deposit made with the county treasurer as provided in section 3 hereof shall have been exhausted because of garnishment suits as mentioned in the preceding section. Such county treasurer may revoke any license issued by him hereunder, for good cause shown, after giving the licensee reasonable notice and opportunity to be heard.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9752 ;-- CL 1948, 445.375
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.376 - Transient Merchants; Evidence.

445.376 Transient merchants; evidence.
Sec. 6.
Transaction of business as defined in section 1 of this act by any person for a period of less than 6 months consecutively shall be prima facie evidence that such person was a transient merchant within the intent and meaning hereof.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9753 ;-- CL 1948, 445.376
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.377 - Violation as Misdemeanor; Penalty; Impounding Goods; Recovery or Sale of Impounded Goods; Notice; Conduct of Sale; Disposition of Proceeds; Liability.

445.377 Violation as misdemeanor; penalty; impounding goods; recovery or sale of impounded goods; notice; conduct of sale; disposition of proceeds; liability.
Sec. 7.
(1) A person who violates this act is guilty of a misdemeanor, punishable by a fine of $1,000.00 or 10% of the value of any property impounded pursuant to this section, whichever amount is greater and court costs. If the county sheriff or local law enforcement officer has probable cause to believe that a person is engaging in business as a transient merchant without having first obtained a license in the manner provided for in this act, the county sheriff or local law enforcement officer shall immediately take into custody and impound all goods offered for sale by the transient merchant until the matter has been adjudicated by a court of proper jurisdiction.
(2) The transient merchant may obtain his or her impounded goods prior to adjudication by paying, either in cash or by security bond, $1,000.00 or an amount equal to the value of the impounded property, whichever amount is greater.
(3) If the transient merchant is convicted of violating this act and fails to pay the fine and court costs provided in subsection (1) within 7 days after the date of conviction, the sheriff or local law enforcement officer shall sell the impounded goods by publishing notice in a newspaper of general circulation in the county at least 5 days before the sale. The notice shall describe the property and shall state the time and place of public sale at which the impounded property may be purchased by the highest bidder.
(4) The sheriff or local law enforcement officer shall conduct the sale and shall deposit from the proceeds of the sale an amount equal to the fine and court costs provided in subsection (1) with the court in which the transient merchant was convicted. Any proceeds of the sale which exceed the fine shall be returned to the transient merchant. Any sheriff or local law enforcement officer disposing of property in the manner provided in this act shall not be liable to the transient merchant for the sale.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9754 ;-- CL 1948, 445.377 ;-- Am. 1988, Act 292, Imd. Eff. Aug. 4, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 51 of 1925 - Transient Merchants (445.371 - 445.378) › Section 445.378 - Effect of Act as to Local License or Regulation.

445.378 Effect of act as to local license or regulation.
Sec. 8.
Nothing in this act contained shall interfere with the licensing or regulation of said business by any municipality, township, or county in this state not inconsistent with the provisions hereof.
History:
1925, Act 51, Eff. Aug. 27, 1925 ;-- CL 1929, 9755 ;-- CL 1948, 445.378
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.402 - Second Hand or Junk Dealer; License, Issuance; Terms; Transferability; Fee; Inspection.

445.402 Second hand or junk dealer; license, issuance; terms; transferability; fee; inspection.
Sec. 2.
(1) The mayor of a city or chief executive officer of a county or village may grant a license to a person that authorizes that person to carry on the business of a second hand dealer or junk dealer in that city, county, or village, subject to the provisions of this act. For purposes of this subsection, a second hand dealer that uses an automated recycling kiosk to receive articles is considered to be carrying on the business of a second hand dealer in the city, county, or village in which the kiosk is installed.
(2) A license granted under this section must designate the particular place where the person shall carry on the business of a second hand dealer or junk dealer. The person must conduct that business only in the place designated in the license.
(3) The term of a license granted under this section is 1 year from date of issuance unless sooner revoked for cause. The license is not transferable. The legislative body of any city, or the trustees and chief executive officer of any county or village, shall establish the fee for processing and issuing a license in accordance with its charter or local ordinance, based on the cost of issuance and administration of that license.
(4) The city, village, or county may inspect the premises of a licensed second hand dealer or junk dealer during normal business hours. As used in this subsection, "premises" includes the place where an automated recycling kiosk is installed.
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9759 ;-- CL 1948, 445.402 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 432, Eff. Apr. 1, 2009 ;-- Am. 2018, Act 329, Eff. Sept. 30, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.404 - Second Hand or Junk Dealer; Sign; Prerequisites; Record; Inspection.

445.404 Second hand or junk dealer; sign; prerequisites; record; inspection.
Sec. 4.
(1) A second hand dealer or junk dealer shall post in a conspicuous place in or on its place of business a sign that states its name and occupation.
(2) A second hand dealer or junk dealer shall make and maintain a separate book or other written or electronic record, numbered consecutively, and open to inspection by a member of a local law enforcement agency and the Michigan state police, in which the dealer writes or enters in the English language at the time of the purchase or exchange of any article, all of the following:
(a) A description of the article.
(b) The name, description, fingerprint, operator's or chauffeur's license or state identification number, registration plate number, and address of the individual from whom the article is purchased and received. The second hand dealer or junk dealer shall make a copy of the operator's license, chauffeur's license, or state identification card as part of the book or record.
(c) The day and hour the purchase or exchange is made.
(d) The location from which the item is obtained.
(e) Subject to subsection (3), the method of payment.
(3) A second hand dealer or junk dealer must pay for an item by check or by an electronic payment system, except that if payment is made by an automated recycling kiosk, the second hand dealer may pay cash for the item.
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9761 ;-- CL 1948, 445.404 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428, Eff. Apr. 1, 2009 ;-- Am. 2018, Act 329, Eff. Sept. 30, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.405 - Second Hand or Junk Dealer; Articles Purchased or Exchanged; Retention; Retention Automated Recycling Kiosk; Tagging; Record; Requirements; Exceptions.

445.405 Second hand or junk dealer; articles purchased or exchanged; retention; retention automated recycling kiosk; tagging; record; requirements; exceptions.
Sec. 5.
(1) Except as provided in subsection (2), a second hand dealer or junk dealer shall retain each article it purchases or receives in exchange for at least 15 days before disposing of it, in an accessible place in the building where the article is purchased and received. The dealer shall attach a tag to the article in a visible and convenient place, and write on the tag the number that corresponds with the entry number in the book or other record.
(2) A second hand dealer that operates an automated recycling kiosk may store articles acquired at the kiosk in a secure off-site location. A dealer must retain an article stored under this subsection for 30 days, and upon request return that article to a law enforcement officer of this state without cost.
(3) A second hand dealer or junk dealer shall prepare and deliver on Monday of each week to the local law enforcement agency of the local unit of government in which the dealer's business is carried on, before 12 noon, a legible and correct paper or electronic copy, in the English language, from the book or other written or electronic record, that contains a description of each article purchased or received in exchange during the preceding week, the hour and day when the purchase or exchange was made, a description of the individual from whom it was purchased or received in exchange, and a copy of the documentation required under section 4 concerning the individual from whom it was purchased or received in exchange. The statement shall be verified in a manner acceptable to the chief of police or chief law enforcement officer of the local law enforcement agency.
(4) This section does not apply to old rags, waste paper, and household goods except radios, televisions, record players, and electrical appliances and does not require a second hand dealer or junk dealer to retain articles purchased from a person that has a fixed place of business after those articles are reported under subsection (3).
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9762 ;-- CL 1948, 445.405 ;-- Am. 1961, Act 35, Eff. Sept. 8, 1961 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428, Eff. Apr. 1, 2009 ;-- Am. 2018, Act 329, Eff. Sept. 30, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.406 - Second Hand or Junk Dealer; Person Without Business Place; Retention of Goods, Record for Police.

445.406 Second hand or junk dealer; person without business place; retention of goods, record for police.
Sec. 6.
If the purchaser or receiver, by exchange or otherwise, as described in section 3, is a peddler or goes about with a wagon to purchase or obtain by exchange or otherwise, any of such articles, and does not have a place of business in a building, he need not retain such articles for 15 days before selling them, provided on Monday of each week he files with the chief of police or chief police officer of the city or village in which he is located a report showing the place of business of the person to whom such sale was made; a copy of the record required by such section to be kept in a separate book of the articles purchased or received during the preceding week, including a description of such articles sold, to whom sold and his place of business.
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9763 ;-- CL 1948, 445.406
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.407 - Second Hand or Junk Dealer; Unlawful Purchases.

445.407 Second hand or junk dealer; unlawful purchases.
Sec. 7.
No person shall purchase or receive by sale, barter or exchange or otherwise, any article mentioned in this act from any person between the hours of 9 p.m. and 7 a.m., nor from any person who is at the time intoxicated or from an habitual drunkard or from any person known by said second hand dealer or junk dealer to be a thief or any associate of thieves or receiver of stolen property or from any person he has reason to suspect of being such.
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9764 ;-- CL 1948, 445.407
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 350 of 1917 - Secondhand Dealers and Junk Dealers (445.401 - 445.408) › Section 445.408 - Violation of Act; Penalties; Remedies.

445.408 Violation of act; penalties; remedies.
Sec. 8.
(1) Except as otherwise provided for in this section, a person who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $1,000.00.
(2) A second hand or junk dealer who buys or sells scrap metal, knowing that it is stolen, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. The penalties imposed under this subsection apply only to a first violation of this subsection.
(3) A second hand or junk dealer who buys or sells stolen scrap metal knowing that it was stolen is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both. The penalties imposed under this subsection apply to a second or subsequent violation.
(4) The license of a person, corporation, copartnership, or firm that is found guilty of violating any of the provisions of this act shall be considered to be revoked upon entry of a conviction and such person, corporation, copartnership, or firm shall not be permitted to carry on the business of being a second hand or junk dealer within this state for a period of 1 year after that conviction.
(5) The remedies under this act are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.
History:
1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9765 ;-- CL 1948, 445.408 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428, Eff. Apr. 1, 2009
2023 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.

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
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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) The article has altered or obliterated serial numbers, and the person delivering the article does not have a written receipt or documentation.
(b) Where, due to the identification on the article or due to the type of article, the dealer would reasonably be considered to have knowledge that the article is, or was, the property of a governmental entity, and the person delivering the article does not have a written receipt or documentation.
(c) Where, due to the identification on the article, the dealer would reasonably be considered to have knowledge that the article is, or was, the property of a business, and the person delivering the article does not have a written receipt or documentation.
(d) The article is a commemorative, decorative, or other cemetery-related or apparently ceremonial article, and the person delivering the article does not have a written receipt or documentation.
(e) The article is subject to a notification or bulletin from any law enforcement agency that is received by the dealer prior to the purchase of the article.
(f) Where the article is copper wiring, whether burned or with sheathing, and the person delivering the article does not have a written receipt or documentation.
(2) The tag and hold requirements of this section require the dealer to also create and maintain the records required under section 7 regarding those articles.
(3) The tag and hold requirements of subsection (1) do not apply to any of the following:
(a) Any article containing nonferrous metal that does not conform to the circumstances described in subsection (1).
(b) Any article that has been the subject of tag and hold by 1 dealer in compliance with this section if that article is resold directly to another dealer. In addition, any article that was not initially subject to the tag and hold provisions of this section is not thereafter subject to the tag and hold provisions if that article is resold to another dealer.
(4) Except in the case where the seller has specific written documentation that the seller is the owner, agent, or person with authority to possess and sell certain articles, a seller shall not sell or offer for sale, and a dealer shall not purchase, any article containing nonferrous metal that is marked with any form of the name, initials, markings, or logo of a governmental entity, utility, cemetery, or railroad; any beer kegs; or any public fixtures. Any sale is subject to the provisions of this act.
History:
2008, Act 429, Eff. Apr. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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 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
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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, at a minimum, thefts of scrap metal. The database may be reasonably limited in terms of time and geographical area.
(2) The existing database established by the institute of scrap recycling industries, inc., referred to as the ISRI theft alert system, is considered an appropriate internet-based database. A scrap metal dealer may register with or subscribe to any other database that provides substantially the same services as a database described in subsection (1).
(3) A scrap metal dealer shall ensure that it makes available to each of its employees engaged in purchasing or weighing scrap metal sold or offered for sale to the scrap metal dealer each theft alert, or similar notice that a scrap metal theft has occurred, that the scrap metal dealer receives from the database service described in this section, and that those employees review any recent alerts or similar notices that they have not previously reviewed on a daily basis.
History:
2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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 punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both. If a violation of section 7 is the result of a malfunction of an electronic record-keeping system described in section 7(4), it is an affirmative defense in an action against the scrap metal dealer that utilizes that system that the dealer diligently pursued repair of the electronic record-keeping system after the malfunction occurred, and implemented and maintained a manual record-keeping system for purchase transactions that occurred while the electronic record-keeping system was malfunctioning.
(2) In connection with a purchase transaction, each of the following is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, for a first offense and is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, for a second or subsequent offense:
(a) A scrap metal dealer that purchases scrap metal or an item of property described in section 10 and knew or should have known that it was stolen.
(b) A person that sells scrap metal or an item of property described in section 10 to a scrap metal dealer and knew or should have known that it was stolen.
(3) By July 1, 2016, the department of state police shall provide a written report to the governor, the speaker of the house of representatives, and the senate majority leader concerning that department's assessment of the effectiveness of this act in reducing scrap metal theft and assisting in the investigation and prosecution of scrap metal theft. The report shall also include any recommendations the department of state police may have for further legislative action.
History:
2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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 ordered to pay a civil fine of not more than $5,000.00.
(2) A scrap metal dealer that knowingly violates section 6(4) is responsible for a state civil infraction and shall pay a civil fine of $500.00 for the first violation, $1,000.00 for a second violation, and $5,000.00 for a third or subsequent violation.
History:
2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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 in an action described in subsection (1) finds that the violation included the purchase or sale of stolen property and finds that the purchaser in an action against the purchaser, or the seller in an action against the seller, knew or should have known that the property was stolen, the court shall award treble damages for the value of the property stolen. As used in this subsection, "value of the property stolen" means the greatest of the following:
(a) The replacement cost of the stolen property.
(b) The cost of repairing the damage caused by the larceny of the property.
(c) The total of subdivisions (a) and (b).
(3) The court may award costs and reasonable attorney fees in an action brought under subsection (1).
History:
2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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 law.
(2) This act does not exempt or release any person from the following:
(a) Obtaining and maintaining a license under any other act or ordinance.
(b) Complying with any strictures contained in any other act or ordinance.
History:
2008, Act 429, Eff. Apr. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443) › 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
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 12 of 1929 - Junk Yards (445.451 - 445.453) › Section 445.451 - Junk Yards; Township Licenses, Fees, Regulations, State of Purchases.

445.451 Junk yards; township licenses, fees, regulations, state of purchases.
Sec. 1.
The township board of any township may, at any regular meeting, adopt a resolution providing for the licensing of junk yards and places for the dismantling, wrecking and disposing of the junk and/or refuse material of automobiles; may prescribe the amount of an annual license fee which shall not exceed 25 dollars, and prescribe the form of an application for such license, and adopt rules, regulations and conditions for the operation thereof, which in the discretion of said board will best protect the public health, interests and general welfare of their township, and shall specify the date when such resolution and the rules, regulations and conditions shall take effect: Provided, however, That the licensee shall, at least once each month, prepare and mail to the commissioner of the department of public safety at East Lansing, Michigan, a sworn statement of all purchases made by said licensee. The township board may in its discretion, for just cause, refuse to grant the license provided for in this act.
History:
1929, Act 12, Eff. Aug. 28, 1929 ;-- CL 1929, 9766 ;-- Am. 1935, Act 34, Imd. Eff. Apr. 27, 1935 ;-- CL 1948, 445.451
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 12 of 1929 - Junk Yards (445.451 - 445.453) › Section 445.452 - Junk Yards; Regulations, Publication.

445.452 Junk yards; regulations, publication.
Sec. 2.
Said resolution and the rules, regulations and conditions enacted thereunder shall within 5 days after their adoption and before the same shall take effect, be published by posting the same in 3 conspicuous places in the township, and an affidavit of said posting shall be filed in the office of the township clerk.
History:
1929, Act 12, Eff. Aug. 28, 1929 ;-- CL 1929, 9767 ;-- CL 1948, 445.452
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 12 of 1929 - Junk Yards (445.451 - 445.453) › Section 445.453 - Violation of Act; Penalty.

445.453 Violation of act; penalty.
Sec. 3.
Any person, firm, association or corporation which shall operate such an establishment without a license, or shall violate any rule, regulation or condition, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding 100 dollars, or by imprisonment in the county jail not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court.
History:
1929, Act 12, Eff. Aug. 28, 1929 ;-- CL 1929, 9768 ;-- CL 1948, 445.453
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 231 of 1945 - Pawnbrokers, Secondhand Dealers, and Junk Dealers (445.471 - 445.476)

PAWNBROKERS, SECONDHAND DEALERS, AND JUNK DEALERS
Act 231 of 1945
445.471-445.476 Repealed. 2006, Act 675, Eff. Mar. 30, 2007.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.481 - Short Title.

445.481 Short title.
Sec. 1.
This act shall be known and may be cited as "the precious metal and gem dealer act".
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.485 - Retaining Precious Item for 9 Calendar Days; Alteration.

445.485 Retaining precious item for 9 calendar days; alteration.
Sec. 5.
A precious item received by a dealer shall be retained by the dealer for 9 calendar days after it was received, without any form of alteration other than that required to make an accurate appraisal of its value.
History:
1981, Act 95, Eff. Sept. 11, 1981 ;-- Am. 1990, Act 34, Eff. May 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.486 - Prohibited Conduct.

445.486 Prohibited conduct.
Sec. 6.
A dealer or an agent or employee of a dealer shall not:
(a) Knowingly receive or purchase a precious item from any person who is less than 18 years of age or any person known by the dealer or agent or employee of the dealer to have been convicted of theft or receipt of stolen property within the preceding 5 years, whether the person is acting in his or her own behalf or as the agent of another.
(b) Knowingly receive or purchase a precious item from a person unless that person presents a valid driver's license or a valid state of Michigan personal identification card.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.487 - Failure to Make Entry in Records as Misdemeanor or Felony; Penalty.

445.487 Failure to make entry in records as misdemeanor or felony; penalty.
Sec. 7.
(1) A dealer or an agent or employee of a dealer who knowingly fails to make an entry of any material matter in his or her records kept as required by section 4 is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of $1,000.00, or both.
(2) A dealer or an agent or employee of a dealer who knowingly violates subsection (1) a subsequent time is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.488 - Violation of MCL 445.483(7) or (8) or 445.484(1)(e), (3), (4), or (5) as Misdemeanor or Felony; Penalty.

445.488 Violation of MCL 445.483(7) or (8) or 445.484(1)(e), (3), (4), or (5) as misdemeanor or felony; penalty.
Sec. 8.
(1) A dealer who knowingly violates section 3(7), 3(8), 4(1)(e), 4(3), 4(4), or 4(5) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of $1,000.00, or both.
(2) A dealer who violates section 3(7), 3(8), 4(1)(e), 4(3), 4(4), or 4(5) a subsequent time is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.489 - Conduct Constituting Felony; Penalty.

445.489 Conduct constituting felony; penalty.
Sec. 9.
A dealer or an agent or employee of a dealer who does any of the following is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both:
(a) Totally fails to record a transaction on a record of transaction form as required by section 4.
(b) Knowingly falsifies the records kept as required by section 4.
(c) Violates section 6.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.490 - Violation of MCL 445.483(1) or 445.485 as Felony; Penalty.

445.490 Violation of MCL 445.483(1) or 445.485 as felony; penalty.
Sec. 10.
A dealer who violates section 3(1) or 5 is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.491 - Action Against Dealer; Grounds; Damages, Costs, and Attorneys' Fees.

445.491 Action against dealer; grounds; damages, costs, and attorneys' fees.
Sec. 11.
A person who has a precious item stolen, embezzled, or converted from him or her may bring an action for 3 times the amount of the damages, costs of suit, and reasonable attorneys' fees against any dealer who, by himself or herself or through his or her agent or employee, received or purchased the precious item knowing it was stolen, embezzled, or converted.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 95 of 1981 - The Precious Metal and Gem Dealer Act (445.481 - 445.492) › Section 445.492 - Effective Date.

445.492 Effective date.
Sec. 12.
This act shall take effect 60 days after it is enacted into law.
History:
1981, Act 95, Eff. Sept. 11, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 232 of 1937 - Used Car Lots (445.501 - 445.504) › Section 445.501 - Used Car Lot; Definition.

445.501 Used car lot; definition.
Sec. 1.
The term "used car lot" as used in this act shall be construed to mean any place where used motor vehicles are displayed and offered for sale in the open.
History:
1937, Act 232, Eff. Oct. 29, 1937 ;-- CL 1948, 445.501