Bill Summary – FastDemocracy

HOUSE BILL NO. 6282

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 14, 217, 217c, 226, 226a, 233a, 235, 245, 248, 248d, 250, 251, 803, and 807 (MCL 257.14, 257.217, 257.217c, 257.226, 257.226a, 257.233a, 257.235, 257.245, 257.248, 257.248d, 257.250, 257.251, 257.803, and 257.807), section 14 as amended by 2021 PA 90, section 217 as amended by 2021 PA 71, section 217c as amended by 2018 PA 108, section 226 as amended by 2021 PA 112, section 226a as amended by 2006 PA 516, section 233a as amended by 2020 PA 304, sections 235 and 251 as amended and section 248d as added by 2012 PA 498, section 245 as amended by 1988 PA 276, section 248 as amended by 2018 PA 420, section 803 as amended by 2002 PA 490, and section 807 as amended by 2003 PA 152, and by adding section 58d.

the people of the state of michigan enact:

Sec. 14. (1) Except as provided in subsections (2), and (3), and (4), "established place of business" means premises actually occupied either continuously or at regular periods by a dealer or manufacturer at which the dealer or manufacturer keeps its books and records and at which the dealer or manufacturer transacts a large share of its business.

(2) For a class (a) or class (b) dealer, "established place of business" means premises that meet all of the following requirements:

(a) The premises contain, except as otherwise provided in this act, a permanently enclosed building or structure that is either owned, leased, or rented by the dealer; the building or structure is not a residence, tent, temporary stand, or any temporary quarters; the building or structure is continuously occupied in good faith for the purpose of selling, buying, trading, leasing, or otherwise dealing in motor vehicles; all books, records, and files necessary to conduct the business of a class (a) or class (b) dealer are maintained in the building or structure; and the building or structure houses an office of at least 150 square feet in size, equipped with standard office furniture, working utilities, a working restroom, and a working telephone listed in the name of the business on the dealer's license.

(b) The premises have land space of not less than 1,300 square

feet to accommodate the display of a minimum of 10 vehicles of the kind and type that the dealer is licensed to sell and an additional 650 square feet for customer parking.

(c) The display and customer parking areas described in subdivision (b) are adequately surfaced and well-lit during business hours.

(d) The premises are identified by an exterior sign displaying the name of the dealership that is permanently affixed to the building or land with letters clearly visible from the roadway.

(e) The premises contain a conspicuous posting of the dealer's regular hours of operation. The posted hours must not be less than 30 hours per week for not less than 48 weeks per year. Fifteen of the 30 hours per week must be between the hours of 8 a.m. and 5 p.m., Monday through Friday. The dealer may change its posted hours of operation to be less than 30 hours per week for not more than 4 weeks per year if the dealer notifies the department not less than 7 days prior to the change. The department shall waive the 7-day notification requirement under this subdivision for good cause, including, but not limited to, a medical emergency or other extenuating circumstances.

(f) The premises contain a registered repair facility on site for the repair and servicing of motor vehicles of a type sold at the established place of business, unless the dealer has entered into a written servicing agreement with a registered repair facility at a location that is located within a 10-mile radius of the established place of business. If repairs are conducted under a servicing agreement, the dealer shall conspicuously post the servicing agreement in the dealer's office.

(g) The premises meet all applicable zoning requirements and