HOUSE BILL No. 6415


     September 24, 2002, Introduced by Reps. Kolb, Zelenko and Schermesser and referred to the Committee on Commerce.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   (MCL 257.1 to 257.923) by adding section 705b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 705B.  (1) A PERSON ENGAGED IN THE RETAIL SALE OF VEHI-

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        CLE PARTS SHALL NOT SELL OR OFFER TO SELL IN THIS STATE, OR SELL

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        OR OFFER TO SELL FOR INSTALLATION OR USE IN THIS STATE, A BRAKE

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        OR BRAKE PART THAT IS INTENDED FOR USE IN A MOTOR VEHICLE, MOTOR-

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        CYCLE, OR TRAILER AND CONTAINS ASBESTOS.

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             (2) THIS SECTION DOES NOT APPLY TO THE SALE OR OFFER TO SELL

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        OF A BRAKE OR BRAKE PART THAT CONTAINS ASBESTOS THAT MEETS EITHER

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        OF THE FOLLOWING:

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             (A) A STATE OR FEDERAL STATUTE, REGULATION, OR

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        ADMINISTRATIVE RULE REQUIRES THE USE OF ASBESTOS IN THAT BRAKE OR

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        BRAKE PART.


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             (B) A BRAKE OR BRAKE PART THAT DOES NOT CONTAIN ASBESTOS AND

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        MEETS THE REQUIREMENTS OF SECTION 705 WHEN INSTALLED IS NOT COM-

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        MERCIALLY AVAILABLE.

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             (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDE-

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        MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 60 DAYS OR A

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        FINE OF NOT MORE THAN $1,000.00, OR BOTH, PLUS THE COSTS OF

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        PROSECUTION.

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             (4) AS USED IN THIS SECTION:

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             (A) "ASBESTOS" MEANS A GROUP OF NATURALLY OCCURRING MINERALS

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        THAT SEPARATE INTO FIBERS, INCLUDING CHRYSOTILE, AMOSITE, CROCID-

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        OLITE, ANTHOPHYLLITE, TREMOLITE, AND ACTINOLITE.

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             (B) "BRAKE PART" MEANS A BRAKE DRUM, LINING, OR OTHER PART

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        OR COMPONENT OF A BRAKE OR BRAKE ASSEMBLY.

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             Enacting section 1.  This amendatory act takes effect

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        January 1, 2004.



























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