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2015 Op. Mich. Att'y Gen. 1 (2015)

handle is hein.sag/sagmi0139 and id is 1 raw text is: STATE OF MICHIGAN BILL SCHUETTE, ATTORNEY GENERAL SCRAP METAL REGULATORY ACT: Payment restrictions on purchases of scrap metal. Subsection 6(5), MCL 445.426(5), of the Scrap Metal Regulatory Act, MCL 445.421 et seq., requiring payment by mail applies to purchase transactions with a seller whose collective sales for a business day total $25.00 or more, whether or not any of the specific items identified in subsection 6(1), MCL 445.426(1), are involved in the purchase transactions. Opinion No. 7281 March 27, 2015 The Honorable Mike Kowall State Senator The Capitol Lansing, MI 48909 You ask whether the mailing requirements of subsection 6(5), MCL 445.426(5), of the Scrap Metal Regulatory Act, MCL 445.421 et seq., apply only to the items listed in subsection 6(1), MCL 445.426(1), of the Act and not to any other types of scrap metal. Previously named the Nonferrous Metal Regulatory Act, 2008 PA 429, the Scrap Metal Regulatory Act regulates the purchase and sale of scrap metal and other items containing ferrous or nonferrous metal. This law specifically sets out the recordkeeping requirements and acceptable payment methods for various transactions involving these metals. The Act was amended by 2014 PA 99 to address several issues, including the growing problem of metal theft, which was found to create serious safety hazards and significant financial consequences for Michigan businesses. See House Legislative Analysis, HB 4593 and HB 4595, July 7, 2014, p 8. The amendments broadened the scope of the Act to include both ferrous and nonferrous metals, restricted payment options for scrap metal sales, and expanded the recordkeeping requirements for scrap metal dealers to better equip law enforcement in their detection and pursuit of metal thieves. Your request arises from reports that police departments are not uniformly applying the mailing requirement in subsection 6(5), MCL 445.426(5), of the Act.

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