February 22, 2006, Introduced by Senator SWITALSKI and referred to the Committee on Commerce and Labor.
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 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 purchases or leases less than 10 new motor
vehicles a year.
(iii) A person who 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 entitled to enforce the provisions of an
express warranty pursuant to the terms of that warranty.
(b) "Lessee" means a person who, under a lease, acquires the
right to possession and use of a new motor vehicle.
(c) "Lessor" means a person who, under a lease, transfers the
right to possession and use of a new motor vehicle.
(d) "Manufacturer" means a person who manufactures, assembles,
or is a distributor of new motor vehicles and 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, 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, motor home, or sport
utility
vehicle, but 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.
(g) "Motor home" means a motor home as defined in section 32a
of the Michigan vehicle code, 1949 PA 300, MCL 257.32a.
(h)
(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.
(i) (h)
"New motor vehicle
dealer" means a person or that
person's agent who holds a dealer agreement for the sale of new
motor vehicles, who is engaged in the business of purchasing,
leasing, selling, exchanging, or dealing in new motor vehicles, and
who has an established place of business in this state.
(j) (i)
"Person" means a natural
person, a sole
proprietorship, partnership, corporation, limited liability
company, association, unit or agency of government, trust, estate,
or other legal entity.
(k) (j)
"Resident of this state"
means as follows any of
the following:
(i) For an individual, an An
individual who is a legal
resident of this state.
(ii) For a sole proprietorship or partnership, a A sole
proprietorship or partnership created pursuant to the laws of this
state
and its whose main office is located in this state.
(iii) For a corporation, a A
corporation that is a domestic
corporation
and was created under the laws of this state.
(iv) For an association, an An
association created pursuant
to
the laws of this state and its whose main office is located
in
this state.
(v) For a unit or agency of government, a A unit
or agency
of government located in this state.
(vi) For a trust, estate, or other legal entity, a A trust,
estate, or other legal entity created pursuant to the laws of this
state and that is located in this state.
(l) (k)
"Lease price" means the
actual vehicle sales price
paid by the lessor including 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 not included
elsewhere paid by the lessor on behalf of the lessee are included
as a part of lease price.
(m) (l) "Purchase
price" means the actual vehicle sales price
listed on the buyer's order including 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 not
included elsewhere paid by the consumer are included as a part of
purchase price.