December 16, 2014, Introduced by Rep. Cotter 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) 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
3 compensation or valuable consideration, is employed either
4 directly or 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
8 or 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
4 not include a scrap metal processor who that buys
or otherwise
5 acquires motor vehicles or motor vehicle component parts for the
6 purpose of processing or selling the metal for remelting.
7 (c) "Late model vehicle" means a motor vehicle manufactured
8 in the current model year or the 5 model years immediately
9 preceding 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,
15 bumper, and related parts; engine; transmission; T-tops; rear
16 clip assembly, including quarter panels and floor panel assembly;
17
or 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
20 Public Acts of 1949, being section 257.33 of the Michigan
21 Compiled Laws.1949 PA
300, MCL 257.33.
22 (g) "Motor vehicle repair facility" means a place of
23 business which engages in the business of performing or employing
24 persons who perform maintenance, diagnosis, or repair service on
25 a motor 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
2 section 257.248 of the Michigan Compiled Laws, 1949 PA 300, MCL
3 257.248, or similarly licensed in another state.
4 (i) "Person" means an individual, corporation, limited
5 liability company, partnership, association, or other legal
6 entity.
7 (j) (i) "Used
motor vehicle part" means any of
the
8 following:
9 (i) A major component part, dashboard, radio, stereo, or seat
10 of a late model motor vehicle for which a certificate of title
11 and registration plate have been issued to a consumer or dealer.
12 (ii) A motor vehicle tire, tire wheel or rim, or continuous
13 tire tread.
14 Sec. 2. (1) A dealer shall maintain a permanent record of
15 each transaction concerning the buying or receiving of any used
16 motor vehicle part from a person other than a licensee, on a
17 record of transaction forms provided for form prescribed in
18 subsection (5), legibly written in ink in the English language.
19 Each record of transaction form shall be filled out in duplicate
20 by the dealer or agent with 1 copy going given to
the customer ,
21 and 1 copy to be retained by the dealer. At the time a dealer
22 receives or purchases a used motor vehicle part from a person
23 other than a licensee, the dealer or agent shall accurately
24 record all of the following information on a record of
25 transaction form:
26 (a) A general description of the used motor vehicle part
27 received or purchased.
1 (b) The vehicle identification number of the vehicle the
2 used motor vehicle part came from.
3 (c) The state of origin of the used motor vehicle part.
4 (d) The date of the transaction.
5 (e) The name of the person individual who is conducting
the
6 transaction for on
behalf of the dealer.
7 (f) The name, date of birth, driver's license number or
8 state of Michigan personal identification card number, and street
9 and house number of the person individual with whom the
10 transaction is being made, together with a legible imprint of the
11 right thumb of the person individual with whom the
transaction is
12 made, or if that is not possible, then the left thumb or a finger
13 of that person. individual.
However, the thumbprint or
14 fingerprint shall is
only be required on the record
of
15 transaction form retained by the dealer. The dealer shall make a
16 thumbprint or fingerprint shall be made available to the local
17 police agency or the department of state police only during the
18 course of a police investigation involving a used motor vehicle
19 part described on the record of transaction. This paragraph shall
20 subdivision does not apply to a transaction involving an
21 insurance company that has acquired ownership of a late model
22 vehicle by the payment of damages due to an accident and a dealer
23 that buys the vehicle from the insurance company for salvage.
24 (g) The price paid or to be paid by the dealer for the used
25 motor vehicle part.
26 (h) The Subject
to section 2a, the form of payment made
to
27 the customer. The dealer shall indicate the number of a check,
1 money order, or bank draft and the transaction number of any
2 direct deposit or electronic transfer to the customer's account
3 at a financial institution.
4 (i) The signature of the person individual with whom the
5 transaction is made.
6 (2) The A
dealer shall number the record of each
transaction
7 shall be numbered consecutively,
commencing with the number 1 and
8 the calendar year.
9 (3) The record of transaction forms of a dealer and each
10 used motor vehicle part received by a dealer as the result of a
11 transaction shall be are
open to an inspection by the local
12 police agency and the Michigan state police at all times during
13 the ordinary business hours of the dealer. As a condition of
14 doing business, a dealer shall be is considered to have given
15 consent to the inspection prescribed by described in this
16 subsection. The record of transaction forms of a dealer shall are
17 not be open to inspection by the general public.
18 (4) Each A
dealer shall retain each record of a
transaction
19 shall be retained by the dealer for not less than at
least 1 year
20 after the transaction to which the record pertains. A dealer who
21
that goes out of business or changes his
or her the dealer's
22 business address to another local jurisdiction either within or
23 out of this state shall transmit to the local police agency the
24 records of all transactions made by the dealer not more than 1
25 year before his or her closing or moving. in the 1-year period
26 before the dealer closes or moves. After a period of 1 year from
27 the date of the transaction, if a police investigation concerning
1 a used motor vehicle part described on the record of transaction
2 has not occurred, the dealer and local police agency shall
3 destroy, and not keep a permanent record of, the records of the
4 transaction.
5 (5) The form of the record of transaction shall be 8-1/2 by
6 11 inches in size and shall be as follows:
7 "Record of Transaction
8
9 # __________________________
10 (Transaction number printed
11 on the form)
12
13 (1) Description of Property ___________________________
14 _____________________________________________________________
15 _____________________________________________________________
16 _____________________________________________________________
17 _____________________________________________________________
18 (2) _______________________________ (3) ________________
19 (Vehicle Identification Number) (State of Origin)
20 (4) ______________, 19 ___ (5) _______________________
21 (Date) (Name of Dealer/Employee)
22 (6) ______________________, ___________________, 19 ___
23 (Name of Customer) (Date of Birth)
24 __________________________, ___________________________
25 (Driver's License No./ (Street Address)
26 Mich. Personal ID Number) ___________________ ______
27 (City & State) (Zip)
28 (7) ______________________
29 (Price Paid)
30 (8) ______________________
31 (Check no., bank draft
32 no., money order no.,
1 transaction no., or cash)
2
3
4
5 ____________________________"
6 Thumbprint (Signature of Customer)
7 Sec. 2a. (1) In a transaction concerning the buying or
8 receiving of any used motor vehicle tires, tire wheels or rims,
9 or continuous tire tread, the only methods of payment a dealer
10 may use to pay a customer are a check, a money order, a bank
11 draft, or a direct deposit or electronic transfer to the
12 customer's account at a financial institution.
13 (2) A dealer that violates subsection (1) is guilty of a
14 misdemeanor punishable by imprisonment for not more than 93 days
15 or a fine of not more than $500.00, or both.