HOUSE BILL No. 6156

 

June 7, 2006, Introduced by Reps. Sheen, Garfield, Gosselin, Hoogendyk, Emmons, Drolet, Jones, Pastor, Mortimer, Robertson, Booher, Marleau, Newell and Hummel and referred to the Committee on Commerce.

 

     A bill to amend 2002 PA 481, entitled

 

"Special tools lien act,"

 

by amending sections 13 and 23 (MCL 570.553 and 570.563).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13. (1) An end user has a lien, dependent on possession,

 

on any special tool in the end user's possession belonging to a

 

customer for the amount due the end user from the customer for

 

metal fabrication work performed with the special tool. An end user

 

may retain possession of the special tool until the amount due is

 

paid.

 

     (2) The amount due to an end user from a customer under this

 

act includes both of the following:

 

     (a) Interest on the principal due to the end user at the rate

 

of 13% compounded annually or, if there is a written agreement


 

between the end user and the customer relating to the special tool

 

that contains a provision for interest, the interest rate in the

 

written agreement, whichever is less.

 

     (b) A reasonable attorney fee if the end user has incurred

 

attorney fees in recovering the amount due.

 

     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.

 

     (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.

 

     (3) A special tool builder has a lien on any special tool

 

identified pursuant to subsection (1). 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  

 

constitutes actual and constructive notice of the special tool

 

builder's lien on the special tool.

 

     (4) The amount owed to a special tool builder from a customer

 

or end user under this act includes both of the following:

 

     (a) Interest on the principal due to the special tool builder

 

at the rate of 13% compounded annually or, if there is a written

 

agreement between the special tool builder and the customer or end

 

user relating to the special tool that contains a provision for


 

interest, the interest rate in the written agreement, whichever is

 

less.

 

     (b) A reasonable attorney fee if the special tool builder has

 

incurred attorney fees in recovering the amount owed.

 

     (5)  (4)  The special tool builder's lien attaches when actual

 

or constructive notice is received. 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.

 

     (6)  (5) The  A special tool builder's lien 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.

 

     (7)  (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.