Michigan Laws 445.430 – Sale or purchase of certain property prohibited
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Terms Used In Michigan Laws 445.430
- Governmental unit: means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, this state, another state, or a foreign country. See Michigan Laws 445.423
- Person: means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or other legal entity. See Michigan Laws 445.423
- Scrap metal: means ferrous or nonferrous metal, or items that contain ferrous or nonferrous metal, that are sold or offered for sale for the value of the ferrous or nonferrous metal they contain rather than their original intended use; ferrous or nonferrous metal removed from or obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item; or other metal that cannot be used for its original intended purpose but can be processed for reuse in a mill, foundry, die caster, or other manufacturing facility. See Michigan Laws 445.423
- Scrap metal dealer: means a person or governmental unit that buys scrap metal and is not a first purchaser. See Michigan Laws 445.423
- Seller: means a person that either regularly, sporadically, or on a 1-time basis receives consideration from any other person from the purchase by a scrap metal dealer of scrap metal offered by that seller. See Michigan Laws 445.423
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.