Bill Text: MI SB0345 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Liens; other; special tools liens; revise provisions regarding attachment of liens and prohibit waiver of lien rights in contract. Amends sec. 23 of 2002 PA 481 (MCL 570.563) & adds sec. 24. TIE BAR WITH: HB 4356'09, HB 4357'09

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2009-03-05 - Referred To Committee On Commerce And Tourism [SB0345 Detail]

Download: Michigan-2009-SB0345-Introduced.html

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SENATE BILL No. 345

 

 

March 5, 2009, Introduced by Senators OLSHOVE, BASHAM, BARCIA and PAPPAGEORGE and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 2002 PA 481, entitled

 

"Special tools lien act,"

 

by amending section 23 (MCL 570.563) and by adding section 24.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 23. (1) A special tool builder shall permanently record

 

on every special tool that the special tool builder fabricates,

 

repairs, or modifies the special tool builder's name, street

 

address, city, and state.

 

     (1) (2) A special tool builder shall file a financing

 

statement in accordance with the requirements of section 9502 of

 

the uniform and commercial code, 1962 PA 174, MCL 440.9502.

 

     (2) (3) A special tool builder has a lien on any special tool

 

identified pursuant to subsection (1) that the special tool builder

 

fabricates, repairs, or modifies. The amount of the lien is the

 

amount that a customer or end user owes the special tool builder

 

for the fabrication, repair, or modification of the special tool.

 

The information that the special tool builder is required to record

 

on the special tool under subsection (1) and the financing

 

statement required under subsection (2) shall constitute (1)

 

constitutes actual and constructive notice of the special tool

 

builder's lien on the special tool.

 

     (3) (4) The A special tool builder's lien created under this

 

act attaches when actual or constructive notice is received the

 

special tool is delivered from the special tool builder to the

 

customer or end user. The special tool builder retains the lien

 

that attaches under this section even if the special tool builder

 

is not in physical possession of the special tool 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 special tool builder is paid the amount owed by the

 

customer or end user.

 

     (b) The customer receives a verified statement from the end

 

user that the end user 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 a

 

special tool 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. 24. (1) A provision of a contract that waives a special

 

tool builder's right or an obligation of a person established by

 

sections 23 to 31 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 23 to 31 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. 4356.             

 

           

 

     (b) House Bill No. 4357.