March 5, 2009, Introduced by Senators ALLEN, BASHAM, BARCIA, PAPPAGEORGE and RICHARDVILLE and referred to the Committee on Commerce and Tourism.
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 9 (MCL 445.619), as added by 2002 PA 17, and by
adding section 9a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9. (1) A moldbuilder shall permanently record on every
die,
mold, or form that the moldbuilder fabricates, repairs, or
modifies
the moldbuilder's name, street address, city, and state.
(1) (2)
A moldbuilder shall file a
financing statement in
accordance with the requirements of section 9502 of the uniform
commercial code, 1962 PA 174, MCL 440.9502.
(2) (3)
A moldbuilder has a lien on any
die, mold, or form
identified
pursuant to subsection (1) that
the moldbuilder
fabricates, repairs, or modifies. The amount of the lien is the
amount that a customer or molder owes the moldbuilder for the
fabrication, repair, or modification of the die, mold, or form. The
information
that the moldbuilder is required to record on the die,
mold,
or form under subsection (1) and the financing
statement
required
under subsection (2) shall constitute (1) constitutes
actual and constructive notice of the moldbuilder's lien on the
die, mold, or form.
(3) (4)
The A moldbuilder's lien created under this act
attaches
when actual or constructive notice is received the die,
mold, or form is delivered from the moldbuilder to the customer or
molder. The moldbuilder retains the lien that attaches under this
section even if the moldbuilder is not in physical possession of
the die, mold, or form for which the lien is claimed.
(4) (5)
The A lien created
under this act remains valid until
the first of the following events takes place:
(a) The moldbuilder is paid the amount owed by the customer or
molder.
(b) The customer receives a verified statement from the molder
that the molder has paid the amount for which the lien is claimed.
(c) The financing statement is terminated.
(5) (6)
The priority of a lien created
under this act on the
same die, mold, or form shall be determined by the time the lien
attaches.
The first lien to attach shall have has priority over
liens
that attach subsequent to after
the first lien.
Sec. 9a. (1) A provision of a contract that waives a
moldbuilder's right or an obligation of a person established by
sections 9 to 10c is void and unenforceable as against public
policy.
(2) A provision of a contract that requires the application of
the law of another state rather than sections 9 to 10c is void and
unenforceable as against public policy.
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) House Bill No. 4359.
(b) House Bill No. 4358.