Bill Text: MI HB4362 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Occupations; vehicles, dealers and repair facilities; written notification regarding inoperable air bag when selling a vehicle; require for repair facilities and establish penalties. Amends secs. 21a & 22 of 1974 PA 300 (MCL 257.1321a & 257.1322). TIE BAR WITH: HB 4364'13

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2013-03-06 - Printed Bill Filed 03/06/2013 [HB4362 Detail]

Download: Michigan-2013-HB4362-Introduced.html

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HOUSE BILL No. 4362

 

March 5, 2013, Introduced by Reps. Victory, Yonker, Price and Pagel and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1974 PA 300, entitled

 

"Motor vehicle service and repair act,"

 

by amending sections 21a and 22 (MCL 257.1321a and 257.1322),

 

section 21a as added and section 22 as amended as added by 1988 PA

 

254.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21a. (1) The administrator may order a summary suspension

 

of a registration, certificate, or mechanic trainee permit 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, upon 1969 PA 306, MCL 24.201 to 24.328,

 

based on an affidavit, by a person an individual who is familiar

 

with the facts set forth in the affidavit, that there is a

 

violation of 1 or more of the following:

 

     (a) Section 17.

 

     (b) Section 18.

 

     (c) Section 2 of Act No. 119 of the Public Acts of 1986, being

 

section 257.1352 of the Michigan Compiled Laws.1986 PA 119, MCL

 

257.1352.

 

     (d) Section 710h(1) of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.710h, including, but not limited to, a violation of that

 

section in connection with the sale of a motor vehicle under the

 

garage keeper's lien act, 1915 PA 312, MCL 570.301 to 570.310.

 

     (2) The facility or mechanic to whom the order is directed may

 

apply to the administrator and shall be granted the administrator

 

shall grant the facility or mechanic a hearing within 30 days of

 

after the application pursuant to Act No. 306 of the Public Acts of

 

1969.under the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.

 

     (3) At the a hearing described in subsection (2), the order of

 

summary suspension shall be set aside, continued, or modified.

 

     Sec. 22. The administrator may deny, suspend, or revoke a

 

registration, certificate, or mechanic trainee permit after notice

 

and opportunity for a hearing if the administrator determines that

 

the facility, mechanic, or trainee did 1 or more of the following:

 

     (a) Engaged in a method, act, or practice that is unfair or

 

deceptive or made an untrue statement of a material fact.

 

     (b) Violated this act or a rule promulgated under this act.

 

     (c) Violated a condition of probation.

 

     (d) Made unnecessary repairs or repairs not authorized by the

 

customer.

 

     (e) Refused to honor warranties made by a facility.

 

     (f) Caused or allowed a customer to sign a document in blank

 

relating to the repair of a motor vehicle.

 

     (g) Was enjoined by a court of competent jurisdiction from

 

engaging in the trade or business of repairing motor vehicles or

 

from a violation of this act or a rule promulgated under this act.

 

     (h) If the applicant is a corporation or partnership, a

 

stockholder, officer, director, or partner of the applicant was

 

guilty of an act or omission that would be a cause for refusing,

 

revoking, or suspending a license issued to the stockholder,

 

officer, director, or partner as an individual.

 

     (i) Failed to comply with the terms of a final cease and

 

desist order.

 

     (j) Was convicted of a violation of this act.

 

     (k) Used the a waiver of liability provision described in

 

section 5(4) in an attempt to evade this act.

 

     (l) Was convicted of a violation of 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.

 

     (m) Was convicted under section 413, 415, 535, 535a, or 536a

 

of the Michigan penal code, Act No. 328 of the Public Acts of 1931,

 

being sections 1931 PA 328, MCL 750.413, 750.415, 750.535,

 

750.535a, and 750.536a, of the Michigan Compiled Laws, or has been

 

was convicted in another state of a violation of a law

 

substantially corresponding to 1 of those sections. 413, 415, 535,

 

535a, 536, and 536a of the Michigan penal code, Act No. 328 of the

 

Public Acts of 1931.

 

     (n) Was convicted of a violation of section 710h(1) of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.710h, including, but

 

not limited to, a violation of that section in connection with the

 

sale of a vehicle under the garage keeper's lien act, 1915 PA 312,

 

MCL 570.301 to 570.310.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4364(request no.

 

01416'13) of the 97th Legislature is enacted into law.