May 25, 2004, Introduced by Senators GARCIA, BRATER, CROPSEY, BASHAM, HAMMERSTROM, GILBERT, HARDIMAN and JELINEK and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 4, 5, and 6 (MCL 125.2304, 125.2305, and
125.2306).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) The commission may do all of the following:
2 (a) Promulgate rules to implement and administer this act.
3 (b) Act for the purpose of establishing a uniform policy
4 relating to all phases of mobile home businesses, mobile home
5 parks, and seasonal mobile home parks.
6 (c) Determine the sufficiency of local mobile home ordinances
7 which that are designed to provide a local governments
8 government with superintending control over mobile home
9 businesses, mobile home parks, or seasonal mobile homes parks.
10 (d) Conduct public hearings relating to the powers prescribed
1 in this subsection.
2 (2) The director of commerce
the department of labor and
3 economic growth or an authorized representative of the director
4 shall do all of the following:
5 (a) Administer the rules promulgated by the commission.
6 (b) Conduct hearings relating to violations of this act or
7 rules promulgated under this act.
8 (c) Make investigations to determine compliance with this act
9 and rules promulgated under this act.
10 (d) Provide assistance to the commission as the commission
11 requires.
12 (3) The commission shall not act for the purpose of
13 regulating mobile homes that are not located within a mobile home
14 park or a seasonal mobile home park, except as relates to the
15 business, sales, and service practices of mobile home dealers and
16 the business practices of mobile home installers and repairers.
17 Sec. 5. (1) The
commission shall promulgate the mobile
18 home code subject to section 4. The code shall consist of rules
19 governing all of the following:
20 (a) The licensure ,
density, layout, permits for
21 construction,
construction of mobile home parks.
including
22 standards for roads,
utilities, open space, or proposed
23 recreational
facilities, and safety measures sufficient to
24 protect health,
safety, and welfare of mobile home park
25 residents, except
water supply, sewage collection and treatment,
26 and drainage
facilities which are regulated by the department of
27 public health.
1 (b) The business, sales, and service practices of mobile home
2 dealers.
3 (c) The business practices of mobile home installers and
4 repairers.
5 (d) The licensure and
regulations regulation of mobile home
6 installers and repairers.
7 (e) The setup and installation of mobile homes inside mobile
8 home parks or seasonal mobile home parks.
9 (f) The regulation of the responsibilities, under the mobile
10 home warranty, of the mobile home components manufacturer, the
11 mobile home assembler or manufacturer, and the mobile home
12 dealer, including the time period and relationships of each under
13 the warranty, and the remedies available, if any, if the
14 responsible parties cease to operate as a business.
15 (g) Abuses relating to all of the following:
16 (i) Consumer deposits, except utility deposits from consumers
17 who are direct customers of utilities regulated by the Michigan
18 public service commission.
19 (ii) Detailed listing of furnishings and fixtures by a
20 manufacturer of a new mobile home or a mobile home dealer for a
21 used mobile home.
22 (iii) Disclosure and delivery of manufacturer's warranties.
23 (iv) Used mobile homes. A mobile home dealer shall provide
24 detailed listing of its service records for used mobile homes
25 which that are being sold by the dealer and of which
the dealer
26 has knowledge.
27 (h) Applications for and issuance of certificates of title
1 for mobile homes.
2 (2) As part of
the code, the commission shall also
3 promulgate rules
governing the licensure, density, layout,
4 permits for
construction, and construction of seasonal mobile
5 home parks, including
standards for roads, utilities, open space,
6 proposed recreational
facilities, and safety measures sufficient
7 to protect the health,
safety, and welfare of seasonal mobile
8 home park residents,
except water supply, sewage collection and
9 treatment, and
drainage facilities, which shall be regulated by
10 the department of public
health.
11 (3) The rules
promulgated for seasonal mobile home parks may
12 impose a less
stringent standard than the rules promulgated for
13 mobile home parks.
14 Sec. 6. (1) The
department of public health environmental
15 quality shall promulgate rules for mobile home parks and seasonal
16 mobile home parks setting
forth minimum standards regulating :
17 the certification of compliance under section 17.
18 (a) Water supply
system.
19 (b) Sewage
collection and disposal system.
20 (c) Drainage.
21 (d) Garbage and
rubbish storage and disposal.
22 (e) Insect and
rodent control.
23 (f) General
operation, maintenance, and safety.
24 (g) Certification
of compliance under section 17.
25 (2) The local government shall promulgate rules for mobile
26 home parks and seasonal mobile home parks setting forth minimum
27 standards regulating:
1 (a) Water supply system.
2 (b) Sewage collection and disposal system.
3 (c) Drainage.
4 (d) Garbage and rubbish storage and disposal.
5 (e) Insect and rodent control.
6 (f) General operation, maintenance, and safety.
7 (3) (2) Representatives
of local government shall act in an
8 advisory capacity in the promulgation of the code.
9 (4) (3) The
commission shall consult with appropriate state
10 and local governments in developing the procedures for effective
11 coordination of efforts. The commission shall recommend
12 procedures to the governor and the legislature for coordinating
13 state agency decisions and activities pertaining to this act.
14 Enacting section 1. This amendatory act does not take
15 effect unless Senate Bill No. 1256
16 of the 92nd Legislature is enacted into
17 law.