HOUSE BILL No. 5264


     October 9, 1997, Introduced by Reps. Brater, Schermesser, Bogardus, Schroer, Gire, Ciaramitaro, Scott, Quarles, Hood, Hanley, Gilmer, Parks and Richner and referred to the Committee on Consumer Protection.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   (MCL 257.1 to 257.923) by adding section 709a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 709A.  (1) EXCEPT AS PROVIDED IN SUBSECTION (2), A

 2    PERSON WHO ENGAGES IN THE BUSINESS OF TREATING WINDOWS, INSTALL-

 3    ING WINDOWS TO WHICH A WINDOW TREATMENT HAS BEEN APPLIED, OR

 4    BOTH, IN MOTOR VEHICLES SHALL NOT APPLY A WINDOW TREATMENT TO ALL

 5    OR PART OF A WINDOW OF A MOTOR VEHICLE OR INSTALL A WINDOW TO

 6    WHICH A WINDOW TREATMENT HAS BEEN APPLIED IF THE WINDOW TREATMENT

 7    IS OF A TYPE OR IS LOCATED ON OR IN THE WINDOW SO THAT THE ACT OF

 8    OPERATING THAT MOTOR VEHICLE IS PROHIBITED UNDER SECTION 709.

 9         (2) SUBSECTION (1) DOES NOT APPLY TO A MOTOR VEHICLE

10    MANUFACTURER.




   03536'97                                                 VPW
                                              2

 1         (3) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

 2    MISDEMEANOR AND IS PUNISHABLE BY A FINE OF $250.00 FOR EACH

 3    VIOLATION.

 4         (4) A PERSON WHO PURCHASES A WINDOW THAT WAS INSTALLED OR A

 5    WINDOW TREATMENT THAT WAS APPLIED IN VIOLATION OF SUBSECTION (1)

 6    AND WHO SUBSEQUENTLY IS ISSUED A CITATION FOR A VIOLATION OF SEC-

 7    TION 709 FOR THE OPERATION OF A MOTOR VEHICLE THAT IS EQUIPPED

 8    WITH IMPROPER WINDOW TREATMENTS HAS A CIVIL RIGHT OF ACTION

 9    AGAINST THE PERSON WHO INSTALLED THE WINDOW OR APPLIED THE WINDOW

10    TREATMENT TO RECOVER ALL OF THE FOLLOWING FROM THE PERSON WHO

11    FAILED TO MAKE THE DISCLOSURE:

12         (A) THE COST OF INSTALLING OR APPLYING THE IMPROPER WINDOW

13    TREATMENT OR WINDOW TO WHICH A WINDOW TREATMENT HAS BEEN

14    APPLIED.

15         (B) THE COST OF RESTORING THE WINDOWS OF THE MOTOR VEHICLE

16    TO A CONDITION THAT CONFORMS TO THE REQUIREMENTS OF SECTION 709.

17         (C) $250.00.

18         (D) REASONABLE ATTORNEY FEES FOR THE PROSECUTION OF THE

19    ACTION.

20         (5) A CLASS ACTION MAY BE BROUGHT BY EITHER OF THE FOLLOWING

21    ON BEHALF OF PERSONS RESIDING IN THIS STATE TO ENJOIN A PERSON

22    FROM VIOLATING THIS SECTION:

23         (A) THE ATTORNEY GENERAL.

24         (B) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE

25    PERSON IS VIOLATING THIS SECTION.

26         (6) AS USED IN THIS SECTION:





   03536'97
                                   3

 1         (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,

 2    ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.

 3         (B) "WINDOW" MEANS WINDSHIELD, SIDE WINDOW, SIDEWING, OR

 4    REAR WINDOW OF A MOTOR VEHICLE.

 5         (C) "WINDOW TREATMENT" MEANS NONTRANSPARENT MATERIAL,

 6    REFLECTIVE OR NONREFLECTIVE FILM OR TINT, OR A MATERIAL THAT CRE-

 7    ATES A TOTAL SOLAR REFLECTANCE OF 35% OR MORE IN THE VISIBLE

 8    LIGHT RANGE INCLUDING A SILVER OR GOLD REFLECTIVE FILM, PER-

 9    FORATED WINDOW SCREEN, DRAPERIES, LOUVERS, OR OTHER DECORATIVE

10    WINDOW TREATMENT OR APPLICATION.




































   03536'97          Final page.                            VPW