HOUSE BILL No. 4181


     February 9, 1999, Introduced by Reps. Schermesser, DeHart, Hansen, Lockwood, Hale, O'Neil, Mans and Wojno and referred to the Committee on Economic Development.


        A bill to amend 1987 PA 96, entitled

   "The mobile home commission act,"

   by amending sections 3, 5, 17, 41, 42, and 43 (MCL 125.2303,

   125.2305, 125.2317, 125.2341, 125.2342, and 125.2343), section 43

   as added by 1988 PA 337.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  (1) The mobile home commission is created within

 2    the department.  of commerce. 

 3         (2) The commission consists of 11 members, EACH OF WHOM

 4    SHALL BE A CITIZEN OF THIS STATE, appointed by the governor with

 5    the advice and consent of the  senate, each of whom shall be a

 6     citizen of this state  HOUSE OF REPRESENTATIVES.

 7         (3) The members of the commission shall include each of the

 8    following:




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 1         (a)  A representative  TWO REPRESENTATIVES of an

 2    organization whose membership consists of mobile home residents.

 3         (b) A representative of financial institutions.

 4         (c)  Two operators  ONE OPERATOR of a licensed mobile home

 5    park having 100 or more sites and 1 operator of a licensed mobile

 6    home park having less than 100 sites.

 7         (d) A representative of organized labor.

 8         (e) An elected official of a local government.

 9         (f) A licensed mobile home dealer.

10         (g) One resident of a licensed mobile home park having 100

11    or more sites and 1 resident of a licensed mobile home park

12    having less than 100 sites.

13         (h) A manufacturer of mobile homes.

14         (4) A person appointed to be a member under subsection

15    (3)(a), (d), (e), OR (g), or a member of that person's immediate

16    family, shall not have  more than a 1%  AN ownership interest in

17    or income benefit from a manufacturer of mobile homes, a retail

18    seller of mobile homes, a licensed mobile home park, or a sup-

19    plier of ancillary products or services to the mobile home

20    industry.

21         (5) The term of each member shall be for 3 years.  A vacancy

22    in the office of a member shall be filled by the governor for the

23    remainder of the unexpired term, not more than 1 month after the

24    vacancy is created, in the same manner as the original

25    appointment.







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 1         (6) The per diem compensation of the commission and the

 2    schedule for reimbursement of expenses shall be established

 3    annually by the legislature.

 4         (7) Six members of the commission constitute a quorum for

 5    all purposes, notwithstanding the existence of a vacancy in the

 6    commission's membership.  Action may be taken by the commission

 7    by a vote of a majority of the members appointed and serving.

 8    Meetings of the commission may be called by the chairperson or by

 9    3 members on 3 business days' actual notice.  At least 1 meeting

10    shall be held each calendar quarter.  The commission may hold

11    meetings anywhere in this state.

12         (8) The commission shall elect a member of the commission

13    THAT IS NOT AN OPERATOR OF A LICENSED MOBILE HOME PARK as its

14    chairperson and another member as its vice-chairperson.  The

15    duties and powers of the chairperson and vice-chairperson shall

16    be as prescribed in the commission's rules.

17         (9) A member of the commission may be removed from office by

18    the governor for inefficiency, neglect of duty, or misconduct or

19    malfeasance in office.  A member of the commission who has a

20    direct pecuniary interest in a matter before the commission shall

21    disclose that interest before the commission taking action with

22    respect to the matter, which disclosure shall become a part of

23    the record of the commission's official proceedings.

24         Sec. 5.  (1) The commission shall promulgate the mobile home

25    code subject to section 4.  The code shall consist of rules gov-

26    erning all of the following:





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 1         (a) The licensure, density, layout, permits for

 2    construction, construction of mobile home parks including

 3    standards for roads, utilities, open space, or proposed recrea-

 4    tional facilities, and safety measures sufficient to protect

 5    health, safety, and welfare of mobile home park residents, except

 6    water supply, sewage collection and treatment, and drainage

 7    facilities  which  THAT are regulated by the department of

 8     public health  ENVIRONMENTAL QUALITY.

 9         (b) The business, sales, and service practices of mobile

10    home dealers.

11         (c) The business practices of mobile home installers and

12    repairers.

13         (d) The licensure and regulations of mobile home installers

14    and repairers.

15         (e) The setup and installation of mobile homes inside mobile

16    home parks or seasonal mobile home parks.

17         (f) The regulation of the responsibilities, under the mobile

18    home warranty, of the mobile home components manufacturer, the

19    mobile home assembler or manufacturer, and the mobile home

20    dealer, including the time period and relationships of each under

21    the warranty, and the remedies available, if any, if the respon-

22    sible parties cease to operate as a business.

23         (g) Abuses relating to all of the following:

24         (i) Consumer deposits, except utility deposits from consum-

25    ers who are direct customers of utilities regulated by the

26    Michigan public service commission.





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 1         (ii) Detailed listing of furnishings and fixtures by a

 2    manufacturer of a new mobile home or a mobile home dealer for a

 3    used mobile home.

 4         (iii) Disclosure and delivery of manufacturer's warranties.

 5         (iv) Used mobile homes.  A mobile home dealer shall provide

 6    detailed listing of its service records for used mobile homes

 7     which  THAT are being sold by the dealer and of which the dealer

 8    has knowledge.

 9         (h) Applications for and issuance of certificates of title

10    for mobile homes.

11          (2) As part of the code, the commission shall also promul-

12     gate rules governing the licensure, density, layout, permits for

13     construction, and construction of seasonal mobile home parks,

14     including standards for roads, utilities, open space, proposed

15     recreational facilities, and safety measures sufficient to pro-

16     tect the health, safety, and welfare of seasonal mobile home park

17     residents, except water supply, sewage collection and treatment,

18     and drainage facilities, which shall be regulated by the depart-

19     ment of public health. 

20         (2)  (3)  The rules promulgated for seasonal mobile home

21    parks may impose a less stringent standard than the rules promul-

22    gated for mobile home parks.

23         (3) THE STANDARDS CONTAINED IN THE CODE SHALL NOT BE LESS

24    STRINGENT THAN THOSE FOR SIMILAR STRUCTURES AS SET FORTH IN THE

25    CODE ESTABLISHED UNDER THE STATE CONSTRUCTION CODE ACT OF 1972,

26    1972 PA 230, MCL 125.1501 TO 125.1531.





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 1         Sec. 17.  (1) The department of  public health 

 2    ENVIRONMENTAL QUALITY or its authorized representative shall

 3    conduct an annual physical inspection of mobile home parks and

 4    seasonal mobile home parks in accordance with standards estab-

 5    lished by the department of  public health  ENVIRONMENTAL

 6    QUALITY.  INSPECTIONS ON RENTAL UNITS SHALL BE ANNUAL OR UPON

 7    TERMINATION OF THE TENANCY, IF THE TENANCY IS TERMINATED BEFORE 1

 8    YEAR AFTER THE RENTAL AGREEMENT.  THE DEPARTMENT OF ENVIRONMENTAL

 9    QUALITY SHALL NOTIFY THE LOCAL UNIT OF GOVERNMENT IN WHICH THE

10    MOBILE HOME PARK IS LOCATED REGARDING AN INSPECTION CONDUCTED ON

11    RENTAL UNITS OR A MOBILE HOME PARK UNDER THIS SECTION.  IF THE

12    DEPARTMENT OF ENVIRONMENTAL QUALITY DOES NOT CONDUCT AN INSPEC-

13    TION IN THE MANNER MANDATED UNDER THIS ACT OR IN THE TIME INCRE-

14    MENTS REQUIRED UNDER THIS SECTION, A LOCAL UNIT OF GOVERNMENT MAY

15    CONDUCT THE INSPECTION AND IS ENTITLED TO REIMBURSEMENT BY THE

16    DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE COST OF THAT

17    INSPECTION. If the mobile home park or seasonal mobile home park

18    is approved, the department of  public health  ENVIRONMENTAL

19    QUALITY shall issue a certification of compliance to the depart-

20    ment  of commerce  that the park is licensable.

21         (2) Except for purposes of issuing a license or renewing a

22    license pursuant to this act, a local UNIT OF government may

23     not  make an inspection  unless  IF it has reason to believe

24    that this act, the code, or rules promulgated pursuant to this

25    act were violated OR ARE LIKELY TO BE VIOLATED UNDER THE APPARENT

26    CIRCUMSTANCES.  THE COST OF AN INSPECTION CONDUCTED UNDER THIS

27    SUBSECTION SHALL BE PAID TO THE LOCAL UNIT OF GOVERNMENT BY THE



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 1    DEPARTMENT OF ENVIRONMENTAL QUALITY.  THE DEPARTMENT OF

 2    ENVIRONMENTAL QUALITY SHALL ACCEPT THE FACTUAL RESULTS OF AN

 3    INSPECTION CONDUCTED BY A LOCAL UNIT OF GOVERNMENT UNLESS IT IS

 4    CLEARLY ERRONEOUS.

 5         Sec. 41.  The department, a prosecuting attorney,  or  A

 6    municipal attorney, OR ANOTHER PERSON AGGRIEVED BY A VIOLATION OF

 7    THIS ACT may bring an action in a court of competent jurisdiction

 8    against a person to enjoin that person from engaging or continu-

 9    ing in a violation of this act  ,  OR a rule promulgated under

10    this act.

11         Sec. 42.  A person who violates this act or the code promul-

12    gated under this act is guilty of a misdemeanor punishable by a

13    fine of not more than  $500.00  $1,000.00 per day for each sepa-

14    rate violation or imprisonment for not more than 1 year, or

15    both.

16         Sec. 43.  (1) If, after notice and a hearing as provided in

17    the administrative procedures act of 1969,  Act No. 306 of the

18     Public Acts of 1969, being sections 24.201 to 24.328 of the

19     Michigan Compiled Laws,  1969 PA 306, MCL 24.201 TO 24.328, a

20    person is determined to have violated this act, the commission

21    may impose 1 or more of the following penalties:

22         (a) Censure.

23         (b) Probation.

24         (c) Placement of a limitation on a license.

25         (d) Suspension of a license.  The commission may request the

26    appointment of a receiver when taking action under this

27    subdivision.



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 1         (e) Revocation of a license.  The commission may request the

 2    appointment of a receiver when taking action under this

 3    subdivision.

 4         (f) Denial of a license.

 5         (g)  A civil  AN ADMINISTRATIVE fine of not more than

 6    $10,000.00 PER VIOLATION.

 7         (h) A requirement that restitution be made.

 8         (2)  A  AN ADMINISTRATIVE fine collected under this section

 9    shall be deposited with the state treasurer and credited to the

10    mobile home commission fund.

11         (3) This section does not prohibit actions being taken under

12    other sections of this act.

13         (4) The pursuit OR DEFENSE in court of the lawful rights of

14    a licensee does not constitute a violation of this act  , 

15    regardless of the outcome of the court action.



























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