February 19, 2009, Introduced by Reps. Kandrevas, Gregory, Meadows, Meltzer, Proos, Walsh, Marleau, Tyler and Roy Schmidt and referred to the Committee on Judiciary.
A bill to amend 1981 PA 155, entitled
"An act to provide for ownership rights in dies, molds, and forms
for use in the fabrication of plastic parts under certain
conditions and to establish a lien on certain dies, molds, and
forms,"
by amending section 10c (MCL 445.620c), as added by 2002 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
10c. (1) If the proceeds of the a
sale under section 10a
are greater than the amount of the lien, the proceeds shall first
be paid to the moldbuilder in the amount necessary to satisfy the
lien and any interest, attorney fees, court costs, and expenses
awarded
under subsection (3). All proceeds in
excess of the lien
amount paid to the moldbuilder shall be paid to the customer.
(2) A sale shall not be made or possession shall not be
obtained under section 10a if it would be in violation of any right
of a customer or molder under federal patent, bankruptcy, or
copyright law.
(3) If a moldbuilder prevails in an action to enforce a
perfected lien created under section 9, the court shall award the
moldbuilder interest under section 6455 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.6455, reasonable attorney fees,
court costs, and expenses related to the enforcement of the lien
and sale.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
01522'09).
(b) Senate Bill No.____ or House Bill No. 4359(request no.
01523'09).