February 19, 2009, Introduced by Reps. Meadows, Gregory, Kandrevas, Meltzer, Proos, Walsh, Marleau, Tyler and Roy Schmidt and referred to the Committee on Judiciary.
A bill to amend 2002 PA 481, entitled
"Special tools lien act,"
by amending section 31 (MCL 570.571).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 interest, 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 interest under section 6455 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6455, reasonable
attorney fees, court costs, and expenses related to the enforcement
of the lien and sale.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
00243'09 *).
(b) Senate Bill No.____ or House Bill No. 4356(request no.
00244'09 *).