November 19, 2008, Introduced by Reps. Brandenburg, Sheen, Pastor, Agema, Calley, Moss, Hoogendyk, Horn, Acciavatti and Garfield and referred to the Committee on Commerce.
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 sections 9, 10a, and 10c (MCL 445.619, 445.620a, and
445.620c), 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
financing statement is filed under subsection (1). 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.
Sec. 10a. Subject to section 10b, if the moldbuilder has not
been paid the amount claimed in the notice required under section
10
within 90 45 days after the notice required under section 10 has
been received by the customer and the molder, the moldbuilder has a
right to immediate possession of the die, mold, or form and may
enforce the right to immediate possession of the die, mold, or form
by judgment, foreclosure, or any available judicial procedure,
including a motion allowed under the court rules. The moldbuilder
may
do 1 or more both of the following:
(a) Take immediate possession of the mold, die, or form. The
moldbuilder may take immediate possession without judicial process
if this can be done without breach of the peace.
(b) Sell the die, mold, or form in a public auction.
Sec.
10c. (1) If the proceeds of the a
sale under section 10a
are greater than the amount of the lien, the proceeds shall first
be paid to the moldbuilder in the amount necessary to satisfy the
lien and any attorney fees, court costs, and expenses awarded under
subsection
(3). All proceeds in excess of the lien
amount paid to
the moldbuilder shall be paid to the customer.
(2) A sale shall not be made or possession shall not be
obtained under section 10a if it would be in violation of any right
of a customer or molder under federal patent, bankruptcy, or
copyright law.
(3) If a moldbuilder prevails in an action to enforce a
perfected lien created under section 9, the court shall award the
moldbuilder reasonable attorney fees, court costs, and expenses
related to the enforcement of the lien and sale.