May 14, 2015, Introduced by Senators JONES, MARLEAU and HOOD and referred to the Committee on Regulatory Reform.
A bill to amend 1986 PA 119, entitled
"An act to regulate the business of buying or receiving used motor
vehicle parts; to prescribe the powers and duties of certain state
and local officers; and to provide penalties,"
by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and
257.1354), and by adding section 2a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Agent" means a person an individual who, for compensation
3 or valuable consideration, is employed either directly or
4 indirectly by a dealer.
5 (b) "Dealer" means any person ,
corporation, partnership, or
6 association, which, in whole or in part, that engages
in the
7 ordinary course of repeated and recurrent transactions of buying or
8 receiving used motor vehicle parts from persons other than a
9 licensee. A dealer shall include The term includes any motor
1 vehicle repair facility which that engages in repeated and
2 recurrent transactions of buying or receiving used motor vehicle
3 parts from persons other than a licensee. Dealer The term does
not
4 include a scrap metal processor who that buys
or otherwise acquires
5 motor vehicles or motor vehicle component parts for the purpose of
6 processing or selling the metal for remelting.
7 (c) "Late model vehicle" means a motor vehicle manufactured in
8 the current model year or the 5 model years immediately preceding
9 the current model year.
10 (d) "Local police agency" means the police agency of the
a
11 city, village, or township, or if none, the county sheriff.
12 (e) "Major component part" means 1 any of
the following
13 subassemblies of a motor vehicle regardless of its actual market
14 value: front end assembly, including fenders, grills, hood, bumper,
15 and related parts; engine; transmission; T-tops; rear clip
16 assembly, including quarter panels and floor panel assembly; or
17 doors. ; tires, tire wheels, and continuous treads.
18 (f) "Motor vehicle" means a motor vehicle as defined in
19 section 33 of the Michigan vehicle code, Act No. 300 of the Public
20 Acts of 1949, being section 257.33 of the Michigan Compiled
21 Laws.1949 PA 300, MCL
257.33.
22 (g) "Motor vehicle repair facility" means a place of business
23 which engages in the business of performing or employing persons
24 who perform maintenance, diagnosis, or repair service on a motor
25 vehicle for compensation.
26 (h) "Licensee" means a person ,
partnership, corporation, or
27 association that is licensed under section 248 of the Michigan
1 vehicle code, Act No. 300 of the Public Acts of 1949, being section
2 257.248 of the Michigan Compiled Laws, 1949 PA 300, MCL 257.248, or
3 similarly licensed in another state.
4 (i) "Person" means an individual, corporation, limited
5 liability company, partnership, association, or other legal entity.
6 (j) (i) "Used
motor vehicle part" means any of
the following:
7 (i) A major component part, dashboard, radio, stereo, or seat
8 of a late model motor vehicle for which a certificate of title and
9 registration plate have been issued to a consumer or dealer.
10 (ii) A motor vehicle tire, tire wheel or rim, or continuous
11 tire tread.
12 Sec. 2. (1) A dealer shall maintain a permanent record of each
13 transaction concerning the buying or receiving of any used motor
14 vehicle part from a person other than a licensee, on a record of
15 transaction forms provided for form prescribed in
subsection (5),
16 legibly written in ink in the English language. Each record of
17 transaction form shall be filled out in duplicate by the dealer or
18 agent with 1 copy going given
to the customer , and 1 copy to be
19 retained by the dealer. At the time a dealer receives or purchases
20 a used motor vehicle part from a person other than a licensee, the
21 dealer or agent shall accurately record all of the following
22 information on a record of transaction form:
23 (a) A general description of the used motor vehicle part
24 received or purchased.
25 (b) The vehicle identification number of the vehicle the used
26 motor vehicle part came from.
27 (c) The state of origin of the used motor vehicle part.
1 (d) The date of the transaction.
2 (e) The name of the person individual who is conducting
the
3 transaction for on
behalf of the dealer.
4 (f) The name, date of birth, driver's license number or state
5 of Michigan personal identification card number, and street and
6 house number of the person individual with whom the
transaction is
7 being made, together with a legible imprint of the right thumb of
8 the person individual
with whom the transaction is made, or
if that
9 is not possible, then the left thumb or a finger of that person.
10 individual. However, the
thumbprint or fingerprint shall is
only be
11 required on the record of transaction form retained by the dealer.
12 The dealer shall make a thumbprint or fingerprint shall be made
13 available to the local police agency or the department of state
14 police only during the course of a police investigation involving a
15 used motor vehicle part described on the record of transaction.
16 This paragraph shall subdivision
does not apply to a transaction
17 involving an insurance company that has acquired ownership of a
18 late model vehicle by the payment of damages due to an accident and
19 a dealer that buys the vehicle from the insurance company for
20 salvage.
21 (g) The price paid or to be paid by the dealer for the used
22 motor vehicle part.
23 (h) The Subject
to section 2a, the form of payment made
to the
24 customer. The dealer shall indicate the number of a check, money
25 order, or bank draft and the transaction number of any direct
26 deposit or electronic transfer to the customer's account at a
27 financial institution.
1 (i) The signature of the person individual with whom the
2 transaction is made.
3 (2) The A
dealer shall number the record of each
transaction
4 shall be numbered consecutively,
commencing with the number 1 and
5 the calendar year.
6 (3) The record of transaction forms of a dealer and each used
7 motor vehicle part received by a dealer as the result of a
8 transaction shall be are
open to an inspection by the local police
9 agency and the Michigan state police at all times during the
10 ordinary business hours of the dealer. As a condition of doing
11 business, a dealer shall be is considered to have given
consent to
12 the inspection prescribed by described in this
subsection. The
13 record of transaction forms of a dealer shall are not
be open to
14 inspection by the general public.
15 (4) Each A
dealer shall retain each record of a
transaction
16 shall be retained by the dealer for not less than at
least 1 year
17 after the transaction to which the record pertains. A dealer who
18 that goes out of business or
changes his or her the
dealer's
19 business address to another local jurisdiction either within or out
20 of this state shall transmit to the local police agency the records
21 of all transactions made by the dealer not more than 1 year before
22 his or her closing or moving. in the 1-year period before the
23 dealer closes or moves. After a period of 1 year from the date of
24 the transaction, if a police investigation concerning a used motor
25 vehicle part described on the record of transaction has not
26 occurred, the dealer and local police agency shall destroy, and not
27 keep a permanent record of, the records of the transaction.
1 (5) The form of the record of transaction shall be 8-1/2 by 11
2 inches in size and shall be as follows:
|
3 |
"Record of Transaction |
|
4 |
|
|
5 |
# __________________________ |
|
6 |
(Transaction number printed |
|
7 |
on the form) |
|
8 |
|
|
9 |
(1) Description of Property ___________________________ |
|
10 |
_____________________________________________________________ |
|
11 |
_____________________________________________________________ |
|
12 |
_____________________________________________________________ |
|
13 |
_____________________________________________________________ |
|
14 |
(2) _______________________________ (3) ________________ |
|
15 |
(Vehicle Identification Number) (State of Origin) |
|
16 |
(4) ______________, 19 ___ (5) _______________________ |
|
17 |
(Date) (Name of Dealer/Employee) |
|
18 |
(6) ______________________, ___________________, 19 ___ |
|
19 |
(Name of Customer) (Date of Birth) |
|
20 |
__________________________, ___________________________ |
|
21 |
(Driver's License No./ (Street Address) |
|
22 |
Mich. Personal ID Number) ___________________ ______ |
|
23 |
(City & State) (Zip) |
|
24 |
(7) ______________________ |
|
25 |
(Price Paid) |
|
26 |
(8) ______________________ |
|
27 |
(Check no., bank draft |
|
1 |
no., money order no., |
|
2 |
transaction no., or cash) |
|
3 |
|
|
4 |
|
|
5 |
|
|
6 |
____________________________" |
|
7 |
Thumbprint (Signature of Customer) |
8 Sec. 2a. In a transaction concerning the buying or receiving
9 of any used motor vehicle tires, tire wheels or rims, or continuous
10 tire tread, the only methods of payment a dealer may use to pay a
11 customer are a check, a money order, a bank draft, or a direct
12 deposit or electronic transfer to the customer's account at a
13 financial institution.
14 Sec. 4. (1) A dealer who that knowingly violates
section 2(3),
15 (4), or (5) or section 2a is guilty of a misdemeanor, punishable by
16 imprisonment for not more than 1 year, or a fine of $1,000.00, or
17 both.
18 (2) A dealer who that
knowingly violates section 2(3), (4),
or
19 (5) or section 2a a second or subsequent time is guilty of a
20 felony, punishable by imprisonment for not more than 2 years, or a
21 fine of $5,000.00, or both.
22 Enacting section 1. This amendatory act takes effect 90 days
23 after the date it is enacted into law.