SENATE BILL No. 1113

 

 

February 13, 2008, Introduced by Senators BROWN, BASHAM, PAPPAGEORGE, BARCIA, KAHN and VAN WOERKOM and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 251 (MCL 257.251), as amended by 2002 PA 642.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 251. (1) Each new vehicle dealer, used vehicle dealer,

 

and broker shall maintain a record in a manner prescribed by the

 

secretary of state of each vehicle of a type subject to titling

 

under this act that is bought, sold, leased, or exchanged by the

 

dealer or received or accepted by the dealer for sale, lease, or

 

exchange.

 

     (2) Each record shall contain the date of the purchase, sale,

 

lease, or exchange or receipt for the purpose of sale, lease, or

 


exchange, a description of the vehicle, the name and address of the

 

seller, the purchaser or lessee, and the alleged owner or other

 

persons from whom the vehicle was purchased or received, or to whom

 

it was sold, leased, or delivered. The record shall contain a copy

 

of any odometer mileage statement received by the dealer when the

 

dealer purchased or acquired a vehicle and a copy of the odometer

 

mileage statement furnished by the dealer when the dealer sold,

 

leased, or exchanged the vehicle as prescribed in section 233a. If

 

the vehicle is purchased, sold, leased, or exchanged through a

 

broker, the record shall include the broker's name and dealer

 

license number and the amount of the broker's fee, commission,

 

compensation, or other valuable consideration paid by the purchaser

 

or lessee or paid by the dealer, or both. The records of all

 

vehicles purchased, sold, leased, or exchanged through a broker

 

maintained by the secretary of state shall be in an electronic

 

format determined by the secretary of state. A dealer shall retain

 

for not less than 5 years each odometer mileage statement the

 

dealer receives and each odometer mileage statement furnished by

 

the dealer upon the sale, lease, or exchange of a vehicle. The

 

description of the vehicle, in the case of a motor vehicle, shall

 

also include the vehicle identification number and other numbers or

 

identification marks as may be on the vehicle, and shall also

 

include a statement that a number has been obliterated, defaced, or

 

changed, if that is the fact. For a trailer or semitrailer, the

 

record shall include the vehicle identification number and other

 

numbers or identification marks as may be on the trailer or

 

semitrailer.

 


     (3) Not more than 20 days after the delivery of the vehicle,

 

the seller shall deliver to the buyer in person or by mail to the

 

buyer's last known address a duplicate of a written statement, on a

 

form prescribed by the secretary of state in conjunction with the

 

department of treasury, describing clearly the name and address of

 

the seller, the name and address of the buyer, the vehicle sold to

 

the buyer, the cash sale price of the vehicle, the cash paid down

 

by the buyer, the amount credited the buyer for a trade-in, a

 

description of the trade-in, the amount charged for vehicle

 

insurance, stating the types of insurance covered by the insurance

 

policy, the amount charged for a temporary registration plate, the

 

amount of any other charge and specifying its purpose, the net

 

balance due from the buyer, and a summary of insurance coverage to

 

be affected. If the vehicle sold is a new motor home, the written

 

statement shall contain a description, including the year of

 

manufacture, of every major component part of the vehicle that has

 

its own manufacturer's certificate of origin. The written statement

 

shall disclose if the vehicle sold is a vehicle that the seller had

 

loaned or leased to a political subdivision of this state for use

 

as a driver education vehicle. The written statement shall be

 

dated, but not later than the actual date of delivery of the

 

vehicle to the buyer. The original and all copies of the prescribed

 

form shall contain identical information. The statement shall be

 

furnished by the seller, shall be signed by the seller or the

 

seller's agent and by the buyer, and shall be filed with the

 

application for new title or registration. Failure of the seller to

 

deliver this written statement to the buyer does not invalidate the

 


sale between the seller and the buyer.

 

     (4) A retail vehicle sale is void unless both of the following

 

conditions are met:

 

     (a) The sale is evidenced by a written memorandum that

 

contains the agreement of the parties and is signed by the buyer

 

and the seller or the seller's agent.

 

     (b) The agreement contains a place for acknowledgment by the

 

buyer of the receipt of a copy of the agreement or actual delivery

 

of the vehicle is made to the buyer.

 

     (5) Each dealer record and inventory, including the record and

 

inventory of a vehicle scrap metal processor not required to obtain

 

a dealer license, shall be open to inspection by a police officer

 

or an authorized officer or investigator of the secretary of state

 

during reasonable or established business hours.

 

     (6) A dealer licensed as a distressed vehicle transporter

 

shall maintain records in a form as prescribed by the secretary of

 

state. The records shall identify each distressed vehicle that is

 

bought, acquired, and sold by the dealer. The record shall identify

 

the person from whom a distressed vehicle was bought or acquired

 

and the dealer to whom the vehicle was sold. The record shall

 

indicate whether a certificate of title or salvage certificate of

 

title was obtained by the dealer for each vehicle.

 

     (7) A dealer licensed under this act shall maintain records

 

for a period of 5 years. The records shall be made available for

 

inspection by the secretary of state or other law enforcement

 

officials. To determine or enforce compliance with this chapter or

 

other applicable law, the secretary of state or any law enforcement

 


official may inspect a dealer whenever he or she determines it is

 

necessary. The secretary of state may issue an order summarily

 

suspending the license of a dealer pursuant to section 92 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.292,

 

based on an affidavit by a person familiar with the facts set forth

 

in the affidavit that the dealer has failed to maintain the records

 

required by this act or failed to provide the records for

 

inspection as requested by the secretary of state, or has otherwise

 

hindered, obstructed, or prevented the inspection of records

 

authorized under this section. The dealer to whom the order is

 

directed shall comply immediately, but on application to the

 

department shall be afforded a hearing within 30 days pursuant to

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328. On the basis of the hearing, the summary order shall be

 

continued, modified, or held in abeyance not later than 30 days

 

after the hearing.

 

     (8) A dealer licensed as a vehicle salvage pool operator or

 

broker shall maintain records in a form as prescribed by the

 

secretary of state. The records shall contain a description of each

 

vehicle or salvageable part stored by the dealer, the name and

 

address of the insurance company or person storing the vehicle or

 

salvageable part, the period of time the vehicle or salvageable

 

part was stored, and the person acquiring the vehicle or

 

salvageable part. In the case of a late model vehicle, a record of

 

the purchase or sale of a major component part of the vehicle shall

 

be maintained identifying the part purchased or sold, the name and

 

address of the seller or purchaser, the date of the purchase or

 


sale, and the identification number assigned to the part by the

 

dealer. The record of the purchase or sale of a part shall be

 

maintained in or attached to the dealer's police book or hard copy

 

of computerized data entries and reference codes and shall be

 

accessible at the dealer's location. In addition, a dealer licensed

 

as a broker shall maintain a record of the odometer mileage reading

 

of each vehicle sold pursuant to an agreement between the broker

 

and the buyer or the broker and the seller. The record of odometer

 

mileage shall be maintained for 5 years and shall contain all of

 

the information required by section 233a.

 

     (9) A dealer licensed as a used vehicle parts dealer or an

 

automotive recycler shall maintain records in a form prescribed by

 

the secretary of state. The In the case of the purchase of items

 

containing nonferrous metals by an automotive recycler, the records

 

shall contain at least the name, description, date of purchase,

 

location from which the item was obtained by the seller,

 

fingerprint, operator's or chauffeur's license or state

 

identification card number, address of the person selling the item,

 

as well as a copy of the operator's or chauffeur's license or state

 

identification card. In the case of an automotive recycler, the

 

articles containing nonferrous metals purchased or exchanged shall

 

be retained by the automotive recycler for at least 15 days before

 

disposing of them, in an accessible place in the building where the

 

articles are purchased and received. A tag shall be attached to

 

those articles in some visible and convenient place, with the

 

number written upon them, to correspond with the entry number in

 

the automotive recycler's records. The automotive recycler shall

 


prepare and deliver on Monday of each week to the chief of police

 

or chief law enforcement officer of the local unit of government

 

within which its business is conducted, before 12 noon, a legible

 

and correct copy written in the English language from the records,

 

containing a description of each nonferrous metal article purchased

 

or received during the preceding week, the hour and day when the

 

purchase was made, and the description of the person from whom it

 

was purchased. The statement shall be verified by the person

 

subscribing his or her name to the record. Except as otherwise

 

provided in the case of items containing nonferrous metals, the

 

records shall contain the date of purchase or acquisition of the

 

vehicle, a description of the vehicle including the color, and the

 

name and address of the person from whom the vehicle was acquired.

 

If the vehicle is sold, the record shall contain the date of sale

 

and the name and address of the purchaser. The record shall

 

indicate if the certificate of title or salvage or scrap

 

certificate of title was obtained by the dealer. In the case of a

 

late model vehicle, a record of the purchase or sale of a major

 

component of the vehicle shall be maintained identifying the part

 

purchased or sold, the name and address of the seller or purchaser,

 

the date of the purchase or sale, and the identification number

 

assigned to the part by the dealer, except that a bumper

 

remanufacturer is not required to maintain a record of the purchase

 

of a bumper. However, a bumper remanufacturer shall assign and

 

attach an identification number to a remanufactured bumper and

 

maintain a record of the sale of the bumper. The record of the

 

purchase or sale of a part shall be maintained in or attached to

 


the dealer's police book or hard copy of computerized data entries

 

and reference codes and shall be accessible at the dealer's

 

location.

 

     (10) A dealer licensed as a vehicle scrap metal processor

 

shall maintain records as prescribed by the secretary of state. In

 

the case of the purchase of items containing nonferrous metals by a

 

scrap metal processor, the records shall contain at least the name,

 

description, date of purchase, location from which the item was

 

obtained by the seller, fingerprint, operator's or chauffeur's

 

license or state identification card number, address of the person

 

selling the item, as well as a copy of the operator's or

 

chauffeur's license or state identification card. In the case of a

 

scrap metal processor, the articles containing nonferrous metals

 

purchased or exchanged shall be retained by the scrap metal

 

processor for at least 15 days before disposing of them, in an

 

accessible place in the building where the articles are purchased

 

and received. A tag shall be attached to those articles in some

 

visible and convenient place, with the number written upon them, to

 

correspond with the entry number in the scrap metal processor's

 

records. The scrap metal processor shall prepare and deliver on

 

Monday of each week to the chief of police or chief law enforcement

 

officer of the local unit of government within which its business

 

is conducted, before 12 noon, a legible and correct copy written in

 

the English language from the records, containing a description of

 

each nonferrous metal article purchased or received during the

 

preceding week, the hour and day when the purchase was made, and

 

the description of the person from whom it was purchased. The

 


statement shall be verified by the person subscribing his or her

 

name to the record. As provided in section 217c, the records shall

 

contain for a vehicle purchased from a dealer a copy of the scrap

 

vehicle inventory, including the name and address of the dealer, a

 

description of the vehicle acquired, and the date of acquisition.

 

If a vehicle is purchased or acquired from a person other than a

 

dealer, the record shall contain the date of acquisition, a

 

description of the vehicle, including the color, the name and

 

address of the person from whom the vehicle was acquired, and

 

whether a certificate of title or salvage or scrap certificate of

 

title was obtained by the dealer.

 

     (11) A dealer licensed as a foreign salvage vehicle dealer

 

shall maintain records in a form prescribed by the secretary of

 

state. The records shall contain the date of purchase or

 

acquisition of each distressed vehicle, a description of the

 

vehicle including the color, and the name and address of the person

 

from whom the vehicle was acquired. If the vehicle is sold, the

 

record shall contain the date of sale and the name and address of

 

the purchaser. The record shall indicate if the certificate of

 

title or salvage or scrap certificate of title was obtained by the

 

dealer. In the case of a late model vehicle, a record of the

 

purchase or sale of each salvageable part purchased or acquired in

 

this state shall be maintained and the record shall contain the

 

date of purchase or acquisition of the part, a description of the

 

part, the identification number assigned to the part, and the name

 

and address of the person to or from whom the part was purchased,

 

acquired, or sold. The record of the sale, purchase, or acquisition

 


of a part shall be maintained in the dealer's police book. The

 

police book shall only contain vehicles and salvageable parts

 

purchased in this state or used in the repair of a vehicle

 

purchased in this state. The police book and the records of vehicle

 

part sales, purchases, or acquisitions shall be made available at a

 

location within the state for inspection by the secretary of state

 

within 48 hours after a request by the secretary of state.

 

     (12) The secretary of state shall make periodic unannounced

 

inspections of the records, facilities, and inventories of

 

automotive recyclers and used or secondhand vehicle parts dealers.

 

     (13) Notwithstanding any provision of this act, an automotive

 

recycler or a scrap metal processor shall not purchase or receive

 

from any person who is at the time intoxicated, or from a habitual

 

drunkard or from any person known by the automotive recycler or

 

scrap metal processor to be a thief or any associate of thieves or

 

receiver of stolen property, or from any person he or she has

 

reason to suspect of being a person known by the automotive

 

recycler or scrap metal processor to be a thief or any associate of

 

thieves or receiver of stolen property.

 

     (14) An automotive recycler or a scrap metal processor who

 

buys or sells stolen nonferrous scrap metal that he or she has

 

reason to believe was unlawfully removed from a utility pole,

 

irrigation system, agricultural machinery, telecommunication

 

company property, government property, or utility property or

 

jobsite is guilty of a felony punishable by imprisonment for not

 

more than 5 years or a fine of not more than $10,000.00, or both.

 

     (15) (13) The secretary of state may promulgate rules to

 


implement this section pursuant to the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.