September 6, 2016, Introduced by Senator JONES 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 and 2 (MCL 257.1351 and 257.1352), as
amended by 2016 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Agent" means an individual who, for compensation or
3 valuable consideration, is employed either directly or indirectly
4 by a dealer.
5 (b) "Dealer" means any person that engages in the ordinary
6 course of repeated and recurrent transactions of buying or
7 receiving used motor vehicle parts from persons other than a
8 licensee. The term includes any motor vehicle repair facility that
9 engages in repeated and recurrent transactions of buying or
1 receiving used motor vehicle parts from persons other than a
2 licensee. The term does not include a any of the following:
3 (i) A scrap metal processor or automotive recycler that buys
4 or otherwise acquires motor vehicles or motor vehicle component
5 parts for the purpose of processing or selling the metal for
6 remelting.
7 (ii) An end-user, scrap tire hauler, or scrap tire processor.
8 (iii) A disposal area that is licensed under, or a solid waste
9 hauler that is subject to, part 115 of the natural resources and
10 environmental protection act, 1994 PA 451, MCL 324.11501 to
11 324.11554.
12 (c) "End-user" means that term as defined in section 16901 of
13 the natural resources and environmental protection act, 1994 PA
14 451, MCL 324.16901.
15 (d) (c) "Late
model vehicle" means a motor vehicle
16 manufactured in the current model year or the 5 model years
17 immediately preceding the current model year.
18 (e) (d) "Local
police agency" means the police agency of a
19 city, village, or township, or if none, the county sheriff.
20 (f) (e) "Major
component part" means any of the following
21 subassemblies of a motor vehicle regardless of its actual market
22 value: front end assembly, including fenders, grills, hood, bumper,
23 and related parts; engine; transmission; T-tops; rear clip
24 assembly, including quarter panels and floor panel assembly; or
25 doors.
26 (g) (f) "Motor
vehicle" means a motor vehicle as defined in
27 section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
1 (h) (g) "Motor
vehicle repair facility" means a place of
2 business which engages in the business of performing or employing
3 persons who perform maintenance, diagnosis, or repair service on a
4 motor vehicle for compensation.
5 (i) (h) "Licensee"
means a person that is licensed under
6 section 248 of the Michigan vehicle code, 1949 PA 300, MCL 257.248,
7 or similarly licensed in another state.
8 (j) (i) "Person"
means an individual, corporation, limited
9 liability company, partnership, association, or other legal entity.
10 (k) "Scrap tire hauler" means that term as defined in section
11 16901 of the natural resources and environmental protection act,
12 1994 PA 451, MCL 324.16901.
13 (l) "Scrap tire processor" means that term as defined in
14 section 16901 of the natural resources and environmental protection
15 act, 1994 PA 451, MCL 324.16901.
16 (m) (j) "Used
motor vehicle part" means any of the following:
17 (i) A major component part, dashboard, radio, stereo, or seat
18 of a late model motor vehicle for which a certificate of title and
19 registration plate have been issued to a consumer or dealer.
20 (ii) A motor vehicle tire, tire wheel or rim, or continuous
21 tire tread that is not received by the dealer directly from the
22 owner of that tire, wheel, rim, or tread, in conjunction with the
23 purchase of replacement tires, wheels, or rims.
24 Sec. 2. (1) A dealer shall maintain a permanent record of each
25 transaction concerning the buying or receiving of any used motor
26 vehicle part from a person, other than a an end-user or scrap tire
27 processor that is regulated under part 169 of the natural resources
1 and environmental protection act, 1994 PA 451, MCL 324.16901 to
2 324.16911, or a licensee, on a record of transaction form
3 prescribed in subsection (5), legibly written in ink in the English
4 language. Each record of transaction form shall be filled out in
5 duplicate by the dealer or agent with 1 copy given to the customer
6 and 1 copy retained by the dealer. At the time a dealer receives or
7 purchases a used motor vehicle part from a person other than a an
8 end-user, scrap tire processor, or licensee, the dealer or agent
9 shall accurately record all of the following information on a
10 record of transaction form:
11 (a) A general description of the used motor vehicle part
12 received or purchased.
13 (b) The vehicle identification number of the vehicle the used
14 motor vehicle part came from.
15 (c) The state of origin of the used motor vehicle part.
16 (d) The date of the transaction.
17 (e) The name of the individual who is conducting the
18 transaction on behalf of the dealer.
19 (f) The name, date of birth, driver's license number or state
20 of Michigan personal identification card number, and street and
21 house number of the individual with whom the transaction is being
22 made, together with a legible imprint of the right thumb of the
23 individual with whom the transaction is made, or if that is not
24 possible, then the left thumb or a finger of that individual.
25 However, the thumbprint or fingerprint is only required on the
26 record of transaction form retained by the dealer. The dealer or
27 agent shall make a thumbprint or fingerprint available to the local
1 police agency or the department of state police only during the
2 course of a police investigation involving a used motor vehicle
3 part described on the record of transaction. This subdivision does
4 not apply to a transaction involving an insurance company that has
5 acquired ownership of a late model vehicle by the payment of
6 damages due to an accident and a dealer that buys the vehicle from
7 the insurance company for salvage.
8 (g) The price paid or to be paid by the dealer for the used
9 motor vehicle part.
10 (h) Subject to section 2a, the form of payment made to the
11 customer. The dealer or agent shall indicate the number of a check,
12 money order, or bank draft and the transaction number of any direct
13 deposit or electronic transfer to the customer's account at a
14 financial institution.
15 (i) The signature of the individual with whom the transaction
16 is made.
17 (2) A dealer or agent shall number the record of each
18 transaction consecutively, commencing with the number 1 and the
19 calendar year; and, if the transaction includes the buying or
20 receiving of 1 or more used motor vehicle tires, tire wheels or
21 rims, or continuous tire tread, shall place the transaction number
22 on a tag that the dealer or agent must attach to each of those
23 items the dealer or agent bought or received.
24 (3) The record of transaction forms of a dealer and each used
25 motor vehicle part received by a dealer as the result of a
26 transaction are open to an inspection by the local police agency
27 and the Michigan state police at all times during the ordinary
1 business hours of the dealer. As a condition of doing business, a
2 dealer is considered to have given consent to the inspection
3 described in this subsection. The record of transaction forms of a
4 dealer are not open to inspection by the general public.
5 (4) A dealer shall retain each record of a transaction for at
6 least 1 year after the transaction to which the record pertains. A
7 dealer that goes out of business or changes the dealer's business
8 address to another local jurisdiction either within or out of this
9 state shall transmit to the local police agency the records of all
10 transactions made by the dealer in the 1-year period before the
11 dealer closes or moves. After a period of 1 year from the date of
12 the transaction, if a police investigation concerning a used motor
13 vehicle part described on the record of transaction has not
14 occurred, the dealer and local police agency shall destroy, and not
15 keep a permanent record of, the records of the transaction.
16 (5) The form of the record of transaction shall be 8-1/2 by 11
17 inches in size and shall be as follows:
|
18 |
"Record of Transaction |
|
19 |
|
|
20 |
# __________________________ |
|
21 |
(Transaction number printed |
|
22 |
on the form) |
|
23 |
|
|
24 |
(1) Description of Property ___________________________ |
|
25 |
_____________________________________________________________ |
|
26 |
_____________________________________________________________ |
|
27 |
_____________________________________________________________ |
|
1 |
_____________________________________________________________ |
|
2 |
(2) _______________________________ (3) ________________ |
|
3 |
(Vehicle Identification Number) (State of Origin) |
|
4 |
(4) ______________, 19 ___ (5) _______________________ |
|
5 |
(Date) (Name of Dealer/Employee) |
|
6 |
(6) ______________________, ___________________, 19 ___ |
|
7 |
(Name of Customer) (Date of Birth) |
|
8 |
__________________________, ___________________________ |
|
9 |
(Driver's License No./ (Street Address) |
|
10 |
Mich. Personal ID Number) ___________________ ______ |
|
11 |
(City & State) (Zip) |
|
12 |
(7) ______________________ |
|
13 |
(Price Paid) |
|
14 |
(8) ______________________ |
|
15 |
(Check no., bank draft |
|
16 |
no., money order no., |
|
17 |
transaction no., or cash) |
|
18 |
|
|
19 |
|
|
20 |
|
|
21 |
____________________________" |
|
22 |
Thumbprint (Signature of Customer) |
23 Enacting section 1. This amendatory act takes effect 90 days
24 after the date it is enacted into law.