Bill Text: MI SB0737 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Consumer protection; unfair trade practices; auto lemon law; expand to include chassis of a motor home. Amends sec. 1 of 1986 PA 87 (MCL 257.1401).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-16 - Referred To Committee On Regulatory Reform [SB0737 Detail]
Download: Michigan-2013-SB0737-Introduced.html
SENATE BILL No. 737
January 16, 2014, Introduced by Senators CASWELL and BIEDA and referred to the Committee on Regulatory Reform.
A bill to amend 1986 PA 87, entitled
"An act regarding warranties on new motor vehicles; to require
certain repairs to new motor vehicles; to provide remedies for the
failure to repair such vehicles; and to prescribe duties for
certain state agencies,"
by amending section 1 (MCL 257.1401), as amended by 1998 PA 486.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Consumer" means 1 or more of the following:
(i) A person who that purchases or leases a
new motor vehicle
for personal, family, or household use and not for the purpose of
selling or leasing the new motor vehicle to another person.
(ii) A person who that purchases or leases
less than 10 new
motor vehicles a year.
(iii) A person who that purchases or leases 10
or more new motor
vehicles a year only if the vehicles are purchased or leased for
personal, family, or household use.
(iv) Any other person that is entitled to enforce the
provisions
of an express warranty pursuant to under the terms of
that warranty.
(b)
"Lessee" means a person who, that, under a lease,
acquires
the right to possession and use of a new motor vehicle.
(c)
"Lessor" means a person who, that, under a lease,
transfers the right to possession and use of a new motor vehicle.
(d)
"Manufacturer" means a person who that manufactures,
assembles,
or is a distributor of new motor vehicles. and The term
includes an agent of a manufacturer but does not include a new
motor vehicle dealer.
(e) "Manufacturer's express warranty" means an express
warranty as determined under the uniform commercial code, 1962 PA
174,
MCL 440.1101 to 440.11102, 440.9994,
offered by the
manufacturer on a new motor vehicle.
(f) "Motor vehicle" means a motor vehicle as defined in
section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33,
that
is designed as a passenger vehicle
, or sport utility vehicle.
,
but The term does not include a motor home, bus, truck
other than
a pickup truck or van, or a vehicle designed to travel on less than
4 wheels. The term does not include a motor home, but the term does
include a truck or bus chassis, or other self-propelled motor
vehicle chassis, on which a motor home is built.
(g) "New motor vehicle" means a motor vehicle that is
purchased or leased in this state or purchased or leased by a
resident of this state and is covered by a manufacturer's express
warranty at the time of purchase or lease.
(h) "New motor vehicle dealer" means a person or that person's
agent
who that holds a dealer agreement for the sale of new motor
vehicles,
who that is engaged in the business of purchasing,
leasing, selling, exchanging, or dealing in new motor vehicles, and
who
that has an established place of business in this state.
(i)
"Person" means a natural person, an individual, a sole
proprietorship, partnership, corporation, association, unit or
agency of government, trust, estate, or other legal entity.
(j) "Resident of this state" means as follows:
(i) For an individual, an individual who is a legal resident of
this state.
(ii) For a sole proprietorship or partnership, a sole
proprietorship
or partnership created pursuant to under the laws of
this state and its main office is located in this state.
(iii) For a corporation, a corporation that is a domestic
corporation and was created under the laws of this state.
(iv) For an association, an association created pursuant
to
under the laws of this state and its main office is located in this
state.
(v) For a unit or agency of government, a unit or agency of
government located in this state.
(vi) For a trust, estate, or other legal entity, a trust,
estate,
or other legal entity created pursuant to under the laws of
this state and that is located in this state.
(k) "Lease price" means the actual vehicle sales price paid by
the
lessor. including The term includes any cash
payment by the
consumer and the sum equal to any allowance for any trade-in but
excludes debt from any other transaction as well as any
manufacturer to consumer discount, rebate, or incentive appearing
in the agreement or contract that the consumer received or that was
applied to reduce the purchase or lease cost. Additionally, any
sales tax, license and registration fees, and similar government
charges that are not included elsewhere and are paid by the lessor
on behalf of the lessee are included as a part of lease price.
(l) "Purchase price" means the actual vehicle sales price
listed
on the buyer's order. including The term includes any cash
payment by the consumer and the sum equal to any allowance for any
trade-in but excludes debt from any other transaction as well as
any manufacturer to consumer discount, rebate, or incentive
appearing in the agreement or contract that the consumer received
or that was applied to reduce the purchase cost. Additionally, any
sales tax, license and registration fees, and similar government
charges that are not included elsewhere and are paid by the
consumer are included as a part of purchase price.
