SB-1091, As Passed House, December 12, 2012
April 25, 2012, Introduced by Senator KOWALL and referred to the Committee on Transportation.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 2 and 30a (MCL 125.2302 and 125.2330a),
section 30a as amended by 2006 PA 328.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Campground" means a campground as defined in section
12501
of the public health code, Act No. 368 of the Public Acts of
1978,
being section 333.12501 of the Michigan Compiled Laws.1978 PA
368, MCL 333.12501.
(b) "Code" means all or a part of the mobile home code
promulgated pursuant to section 5.
(c) "Commission" means the mobile home code commission.
(d)
"Department" means the department of commerce.licensing
and regulatory affairs, except that department means the department
of state in all of the following circumstances:
(i) As used in section 5(1) with respect to rules promulgated
under section 5(1)(h).
(ii) As used in section 9(5) with respect to rules adjusting
fees under section 30a or 30c.
(iii) As used in sections 30 to 30i.
(e) "Installer and repairer" means a person, including a
mobile home dealer, who for compensation installs or repairs mobile
homes.
(f) "Local government" means a county or municipality.
(g) "Mobile home" means a structure, transportable in 1 or
more sections, which is built on a chassis and designed to be used
as a dwelling with or without permanent foundation, when connected
to the required utilities, and includes the plumbing, heating, air-
conditioning, and electrical systems contained in the structure.
(h) "Mobile home dealer" means a person other than a
manufacturer engaged in the business of buying mobile homes for
resale, exchange, lease, or rent or offering mobile homes for sale,
lease, rent, or exchange to customers.
(i) "Mobile home park" means a parcel or tract of land under
the control of a person upon which 3 or more mobile homes are
located on a continual, nonrecreational basis and which is offered
to the public for that purpose regardless of whether a charge is
made therefor, together with any building, structure, enclosure,
street, equipment, or facility used or intended for use incident to
the occupancy of a mobile home.
(j) "Municipality" means a city, village, or township.
(k) "Person" means an individual, partnership, association,
trust, or corporation, or any other legal entity or combination of
legal entities.
(l) "Recreational vehicle" means a vehicle primarily designed
and used as temporary living quarters for recreational, camping, or
travel purposes, including a vehicle having its own motor power or
a vehicle mounted on or drawn by another vehicle.
(m) "Seasonal mobile home park" means a parcel or tract of
land under the control of a person upon which 3 or more mobile
homes are located on a continual or temporary basis but occupied on
a temporary basis only, and which is offered to the public for that
purpose regardless of whether a charge is made therefor, together
with any building, enclosure, street, equipment, or facility used
or intended for use incident to the occupancy of a mobile home.
Seasonal mobile home park does not include a campground licensed
pursuant
to sections 12501 to 12516 of the public health code, Act
No.
368 of the Public Acts of 1978, being sections 333.12501 to
333.12516
of the Michigan Compiled Laws.1978
PA 368, MCL 333.12501
to 333.12516.
(n)
"Security interest", "security agreement", "secured
party",
and "termination statement" have the same meanings as in
the
uniform commercial code, Act No. 174 of the Public Acts of
1962,
being sections 440.1101 to 440.11102 of the Michigan Compiled
Laws."Secured party" means that term as
defined in section 9102 of
the uniform commercial code, 1962 PA 174, MCL 440.9102.
(o) "Security interest" means that term as defined in section
1201 of the uniform commercial code, 1962 PA 174, MCL 440.1201.
(p) "Termination statement" means that term as defined in
section 9102 of the uniform commercial code, 1962 PA 174, MCL
440.9102.
Sec. 30a. (1) An owner of a mobile home which is subject to
the
certificate of title provisions of this act shall make
application
apply to the department for the issuance of a
certificate of title for the mobile home upon the appropriate form
furnished by the department, accompanied by a fee of $90.00 or any
lesser amount established pursuant to section 9(5). The application
shall bear the signature of the owner written in ink, shall be
acknowledged by the owner before a person authorized to take
acknowledgments, and shall contain:
(a) The name and address of the owner.
(b) A description of the mobile home, including the name of
the manufacturer, the year and model, and the manufacturer's serial
number or, in the absence of a serial number, a number assigned by
the department. A number assigned by the department shall be
permanently placed on the mobile home in the manner and place
designated by the department.
(c) A statement of the names and addresses of the holders of
any security interests in the mobile home, in the order of their
priority.
(d) Further information as may reasonably be required by the
department
to enable it to determine whether the owner of the
mobile
home applicant is entitled to a certificate of title for the
mobile home.
(2) If the department is not satisfied as to the ownership of
the mobile home, before issuing a certificate of title for it, the
department may require the applicant to file a properly executed
surety bond in a form prescribed by the department, executed by the
applicant and a company authorized to conduct a surety business in
this state. The bond shall be in an amount equal to twice the value
of the mobile home as determined by the department and shall be
conditioned to indemnify or reimburse the department, any prior
owner, any holder of a security interest in the mobile home, and
any subsequent purchaser of the mobile home, and their successors
in interest, against any expense, loss, or damage, including
reasonable attorney's fees, by reason of the issuance of a
certificate of title to the mobile home or on account of any defect
in the right, title, or interest of the applicant in and to the
mobile home. Each interested person has a right of action to
recover on the bond for a breach of its conditions, but the
aggregate liability of the surety to all persons shall not exceed
the amount of the bond. The bond shall be returned at the end of 5
years, or before 5 years if the currently valid certificate of
title is surrendered to the department, unless the department has
received notification of the pendency of an action to recover on
the bond.
(3) The department shall examine and determine the
genuineness, regularity, and legality of an application for a
certificate of title for a mobile home and of any other application
lawfully made to the department, and may in all cases make
investigation or require additional information as may be
considered necessary, and shall reject any application if not
satisfied
of the its genuineness, regularity, or legality of it or
of the truth of any statement contained in it, or for any other
reason ,
when authorized by law.
(4) The fee for obtaining a duplicate, replacement, or
corrected title, for placing or terminating a lien on the title, or
for
placing a name on the title is $15.00 or any other unless a
lesser amount is established pursuant to section 9(5).
(5) An application for a duplicate title shall be on a form
prescribed by the department. The application shall include a
certification that the applicant owns the mobile home and that all
information on the application is complete to the best of the
applicant's knowledge. The applicant shall sign the application or,
if the application is filed electronically, provide information
requested by the department to verify the applicant's identity.