November 19, 2008, Introduced by Reps. Meltzer, Sheen, Calley, Agema, Brandenburg, Pastor, Moss, Hoogendyk, Horn, Acciavatti and Garfield and referred to the Committee on Commerce.
A bill to amend 2002 PA 481, entitled
"Special tools lien act,"
by amending sections 23, 27, and 31 (MCL 570.563, 570.567, and
570.571) and by adding section 24.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
23. (1) A special tool builder shall permanently record
on
every special tool that the special tool builder fabricates,
repairs,
or modifies the special tool builder's name, street
address,
city, and state.
(1) (2)
A special tool builder shall file a
financing
statement in accordance with the requirements of section 9502 of
the uniform and commercial code, 1962 PA 174, MCL 440.9502.
(2) (3)
A special tool builder has a lien
on any special tool
identified
pursuant to subsection (1) that
the special tool builder
fabricates, repairs, or modifies. The amount of the lien is the
amount that a customer or end user owes the special tool builder
for the fabrication, repair, or modification of the special tool.
The
information that the special tool builder is required to record
on
the special tool under subsection (1) and the financing
statement
required under subsection (2) shall constitute (1)
constitutes actual and constructive notice of the special tool
builder's lien on the special tool.
(3) (4)
The A special tool builder's lien created under this
act
attaches when actual or constructive
notice is received the
financing statement is filed under subsection (1). The special tool
builder retains the lien that attaches under this section even if
the special tool builder is not in physical possession of the
special tool 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 special tool builder is paid the amount owed by the
customer or end user.
(b) The customer receives a verified statement from the end
user that the end user 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 a
special tool 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. 24. (1) A provision of a contract that waives a special
tool builder's right or an obligation of a person established by
sections 23 to 31 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 23 to 31 is void and
unenforceable as against public policy.
Sec. 27. Subject to section 29, if the special tool builder
has not been paid the amount claimed in the notice required under
section
25 within 90 45 days after the notice required under
section
25 has been received by the
customer and the end user, the
special tool builder has a right to immediate possession of the
special tool and may enforce the right to immediate possession of
the special tool by judgment, foreclosure, or any available
judicial procedure, including a motion allowed under the court
rules. The special tool builder may do 1 or more both of
the
following:
(a) Take immediate possession of the special tool. The special
tool builder may take immediate possession without judicial process
if this can be done without breach of the peace.
(b) Sell the special tool in a public auction.
Sec.
31. (1) If the proceeds of the a
sale under section 27
are greater than the amount of the lien, the proceeds shall first
be paid to the special tool builder 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 special tool builder shall be paid to the
customer.
(2) A sale shall not be made or possession shall not be
obtained under section 27 if it would be in violation of any right
of a customer or end user under federal patent, bankruptcy, or
copyright law.
(3) If a special tool builder prevails in an action to enforce
a perfected lien created under section 23, the court shall award
the special tool builder reasonable attorney fees, court costs, and
expenses related to the enforcement of the lien and sale.