Bill Text: MI HB4364 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Trade; vehicles; written notification regarding inoperable air bag when selling a vehicle; require. Amends secs. 249 & 249a of 1949 PA 300 (MCL 257.249 & 257.249a) & adds secs. 49c & 710h.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-03-06 - Printed Bill Filed 03/06/2013 [HB4364 Detail]
Download: Michigan-2013-HB4364-Introduced.html
HOUSE BILL No. 4364
March 5, 2013, Introduced by Reps. Yonker, Victory and Muxlow and referred to the Committee on Regulatory Reform.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 249 and 249a (MCL 257.249 and 257.249a),
section 249 as amended by 2004 PA 495 and section 249a as amended
by 1993 PA 300, and by adding sections 49c and 710h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 49c. "Registered repair facility" means a motor vehicle
repair facility, as defined in section 2 of the motor vehicle
service and repair act, 1974 PA 300, MCL 257.1302, registered under
that act.
Sec. 249. The secretary of state may deny the application of a
person for a license as a dealer and refuse to issue the person a
license as a dealer, or may suspend or revoke a license already
issued, if the secretary of state finds that 1 or more of the
following apply:
(a) The applicant or licensee has made a false statement of a
material
fact in his or her the
license application.
(b) The applicant or licensee has not complied with the
provisions of this chapter or a rule promulgated under this
chapter.
(c) The applicant or licensee has sold or leased or offered
for sale or lease a new vehicle of a type required to be registered
under
this act without having authority of to do so under a
contract with a manufacturer or distributor of the new vehicle.
(d) The applicant or licensee has been guilty of a fraudulent
act in connection with selling, leasing, or otherwise dealing in
vehicles of a type required to be registered under this act.
(e) The applicant or licensee has entered into or is about to
enter into a contract or agreement with a manufacturer or
distributor of vehicles of a type required to be registered under
this
act that is contrary to any violates
a provision of this act.
(f)
The applicant or licensee has no does not have an
established place of business that is used or will be used for the
purpose of selling, leasing, displaying, or offering for sale or
lease or dealing in vehicles of a type required to be registered
under this act, and does not have proper servicing facilities.
(g) The applicant or licensee is a corporation or partnership,
and a stockholder, officer, director, or partner of the applicant
or licensee has been guilty of any act or omission that would be
cause for refusing, revoking, or suspending a license issued to the
stockholder, officer, director, or partner as an individual.
(h) The applicant or licensee has possessed a vehicle or a
vehicle part that has been confiscated under section 415 of the
Michigan penal code, 1931 PA 328, MCL 750.415. The secretary of
state
shall conduct a hearing pursuant to under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, before
the secretary of state takes any action under this subdivision.
(i) The applicant or licensee has been convicted under section
415 of the Michigan penal code, 1931 PA 328, MCL 750.415.
(j) The applicant or licensee has been convicted of violating
1986 PA 119, MCL 257.1351 to 257.1355.
(k) The established place of business of the applicant or
licensee
is not in compliance does
not comply with all applicable
zoning requirements and municipal requirements.
(l) The applicant or licensee has engaged in the
business of
buying,
selling, trading, or exchanging new, used, or secondhand
motor
vehicles or has offered to buy, sell, trade, or exchange, or
participate
in the negotiation thereof, or attempted to buy, sell,
trade,
or exchange any motor vehicle or interest in any motor
vehicle
or any written instrument pertaining to a motor vehicle on
a
Sunday, as prohibited by violated
section 1 of 1953 PA 66, MCL
435.251. to
435.254.
(m) The applicant or licensee has been convicted of violating
section 710h.
Sec. 249a. (1) The secretary of state may deny the application
of a person for a license as an automotive recycler, a used or
secondhand vehicle parts dealer, a vehicle scrap metal processor,
or a foreign salvage vehicle dealer and refuse that person a
license as an automotive recycler, a used or secondhand vehicle
parts dealer, a vehicle scrap metal processor, or a foreign salvage
vehicle dealer, or may suspend or revoke a license already issued,
if the secretary of state finds that 1 or more of the following
apply:
(a) The applicant or licensee has made a false statement of a
material
fact in his or her the
license application.
(b) The applicant or licensee has not complied with this act
or a rule promulgated under this chapter.
(c) The applicant or licensee has been convicted of violating
Act
No. 119 of the Public Acts of 1986, being sections 257.1351 to
257.1355
of the Michigan Compiled Laws.1986
PA 119, MCL 257.1351 to
257.1355.
(d) If the applicant or licensee is a foreign salvage vehicle
dealer, has had his or her dealer license in another state expire,
or has had his or her dealer license in another state revoked,
suspended, or canceled.
(e) If the applicant or licensee is an automotive recycler, a
used or secondhand vehicle parts dealer, or a foreign salvage
vehicle dealer and has no established place of business used for
the purpose of selling, displaying, or offering for sale used or
secondhand vehicle parts or does not have a vehicle dismantling
facility or does not have evidence of worker's compensation
insurance
coverage for employees classified under the standard
industrial
classification number 4015, entitled "motor vehicle
parts—used"
North American industrial
classification system number
42114, entitled "motion vehicle parts (used) wholesalers" or under
the national council on compensation insurance code number 3821,
entitled "automobile dismantling and drivers", if applicable.
(f) The applicant or licensee has been convicted of violating
section 710h.
(2) The secretary of state shall deny the application of a
person for a license as an automotive recycler, a used or
secondhand vehicle parts dealer, a vehicle scrap metal processor,
or a foreign salvage vehicle dealer and refuse that person a
license as an automotive recycler, a used or secondhand vehicle
parts dealer, a vehicle scrap metal processor, or a foreign salvage
vehicle dealer, or shall suspend or revoke a license already
issued, if the secretary of state finds that 1 or more of the
following apply:
(a) The applicant or licensee has been guilty of a fraudulent
act in connection with selling or otherwise dealing in major
component parts or vehicles of a type required to be registered
under this act.
(b) The applicant or licensee has possessed a vehicle or a
vehicle part which has been confiscated under section 415 of the
Michigan
penal code, Act No. 328 of the Public Acts of 1931, being
section
750.415 of the Michigan Compiled Laws 1931 PA 328, MCL
750.415. The secretary of state shall conduct a hearing pursuant
to
under
the administrative procedures act of
1969, Act No. 306 of the
Public
Acts of 1969, being sections 24.201 to 24.328 of the
Michigan
Compiled Laws 1969 PA 306,
MCL 24.201 to 24.328, before
the secretary of state takes any action under this subdivision.
(c) The applicant or licensee has been convicted under section
413,
415, 535, 535a, or 536a of Act No. 328 of the Public Acts of
1931,
being sections 750.413, 750.415, 750.535, 750.535a, and
750.536a
of the Michigan Compiled Laws the
Michigan penal code,
1931 PA 328, MCL 750.413, 750.415, 750.535, 750.535a, and 750.536a,
or has been convicted in a foreign state of a law or a local
ordinance
substantially corresponding to section 413, 415, 535,
535a,
or 536a of Act No. 328 of the Public Acts of 1931.any of
those sections.
(d) The applicant or licensee is a corporation or partnership,
and a stockholder, officer, director, or partner of the applicant
or licensee has been guilty of any act or omission that would be
cause for refusing, revoking, or suspending a license issued to the
stockholder, officer, director, or partner as an individual.
(e) Effective July 1, 1994, the applicant or licensee has
removed a scrap vehicle from this state for the purpose of
rebuilding it or has sold or transferred the vehicle as a unit for
purposes of rebuilding it.
Sec. 710h. (1) If a dealer or registered repair facility that
sells or trades a motor vehicle has actual knowledge that an air
bag in the motor vehicle is inoperable, the dealer or registered
repair facility shall notify the person acquiring the motor
vehicle, in writing, that the air bag is inoperable.
(2) A dealer or registered repair facility that violates
subsection (1) is guilty of a misdemeanor punishable by
imprisonment for not more than 30 days or a fine of not more than
$1,000.00 for a first violation of subsection (1) or $2,500.00 for
a second or subsequent violation, or both.
(3) As used in this section, "air bag" means any component of
an inflatable occupant restraint system that is designed in
accordance with federal safety regulations for the make, model, and
year of the motor vehicle to be installed and to operate in a motor
vehicle to activate, as specified by the vehicle manufacturer, in
the event of a crash. Air bag components include, but are not
limited to, sensors, controllers, wiring, and the air bag itself.
