Bill Text: MI HB5563 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Mobile homes; other; promulgation of rules in the mobile home code; modify. Amends secs. 4 & 5 of 1987 PA 96 (MCL 125.2304 & 125.2305).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-03-03 - Bill Electronically Reproduced 03/03/2020 [HB5563 Detail]
Download: Michigan-2019-HB5563-Introduced.html
HOUSE BILL NO. 5563
February 27, 2020, Introduced by Reps. Witwer,
Camilleri, Brenda Carter, Hope, Cynthia Johnson, Kennedy, Cambensy, Love
and Cherry and referred to the Committee on Regulatory Reform.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 4 and 5 (MCL 125.2304 and 125.2305), section 4 as amended by 2015 PA 40 and section 5 as amended by 2006 PA 328.
the people of the state of michigan enact:
Sec. 4. (1) The commission may do all of the following:
(a) After consultation with and considering comments from representatives of the manufactured housing industry, and other interested parties, residents of mobile home parks, and members of the commission who are residents of mobile home parks, recommend rules to the department to implement and administer this act.
(b) Act for the purpose of establishing a uniform policy relating to all phases of mobile home businesses, mobile home parks, and seasonal mobile home parks.
(c) Determine the sufficiency of local mobile home ordinances that are designed to provide local governments with superintending control over mobile home businesses, mobile home parks, or seasonal mobile homes parks.
(d) Conduct public hearings relating to the powers prescribed in this subsection.
(2) The director or an authorized representative of the director shall do all of the following:
(a) After consultation with and considering comments from representatives of the manufactured housing industry, and other interested parties, residents of mobile home parks, and members of the commission who are residents of mobile home parks, promulgate rules to implement and administer this act.
(b) On or before June 1, 2020, and every year after that date, provide a report to the commission regarding health and safety complaints received by the department as described under subdivision (i).
(c) (b) Conduct hearings relating to violations of this act or rules promulgated under this act.
(d) (c) Make investigations to determine compliance with this act and rules promulgated under this act.
(e) (d) Provide assistance to the commission as the commission requires.
(f) (e) On not less than a quarterly basis, report to the commission on the expenditure of all fees collected under this act and the relation of those expenditures to the enforcement and administration of this act.
(g) (f) Post and maintain on the department's website all current guidelines.
(h) (g) Promptly notify a local government of the issuance, amendment, or rescission of a guideline if the department has knowledge that a mobile home park or seasonal mobile home park is located in, or an application has been filed for the licensure of a park proposed to be located in, the local government. The notice shall must be sent by first-class mail or electronic mail to each of the following:
(i) The clerk of the local government.
(ii) The chief executive officer of the local government.
(iii) The enforcing agency for the local government if, under section 8a or 8b of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1508a and 125.1508b, the local government has assumed responsibility for the administration and enforcement within its jurisdiction of that act and the state construction code or a part of the state construction code of limited application.
(i) (h) If the department receives a complaint about a condition at a mobile home park or seasonal mobile home park that imminently threatens the health or safety of the residents of the park, promptly notify each local government in which the park is located of the details of the complaint.
(3) The commission shall not regulate mobile homes that are not located within a mobile home park or a seasonal mobile home park, except as relates to the business, sales, and service practices of mobile home dealers and the business practices of mobile home installers and repairers.
Sec. 5. (1) After consultation with and considering comments from representatives of the manufactured housing industry, and other interested parties, residents of mobile home parks, and members of the commission who are residents of mobile home parks, the department shall promulgate the mobile home code subject to section 4. The code shall consist of rules governing all of the following:
(a) The licensure, density, layout, permits for construction, construction of mobile home parks including standards for roads, utilities, open space, or proposed recreational facilities, and safety measures sufficient to protect health, safety, and welfare of mobile home park residents, except water supply, sewage collection and treatment, and drainage facilities which that are regulated by the department of environmental quality.
(b) The business, sales, and service practices of mobile home dealers.
(c) The business practices of mobile home installers and repairers.
(d) The licensure and regulations of mobile home installers and repairers.
(e) The setup and installation of mobile homes inside mobile home parks or seasonal mobile home parks.
(f) The regulation of the responsibilities, under the mobile home warranty, of the mobile home components manufacturer, the mobile home assembler or manufacturer, and the mobile home dealer, including the time period and relationships of each under the warranty, and the remedies available, if any, if the responsible parties cease to operate as a business.
(g) Abuses relating to all of the following:
(i) Consumer deposits, except utility deposits from consumers who are direct customers of utilities regulated by the Michigan public service commission.
(ii) Detailed listing of furnishings and fixtures by a manufacturer of a new mobile home or a mobile home dealer for a used mobile home.
(iii) Disclosure and delivery of manufacturer's warranties.
(iv) Used mobile homes. A mobile home dealer shall provide detailed listing of its service records for used mobile homes which that are being sold by the dealer and of which the dealer has knowledge.
(h) Applications for and issuance of certificates of title for mobile homes.
(2) As part of the code, the department shall also promulgate rules governing the licensure, density, layout, permits for construction, and construction of seasonal mobile home parks, including standards for roads, utilities, open space, proposed recreational facilities, and safety measures sufficient to protect the health, safety, and welfare of seasonal mobile home park residents, except water supply, sewage collection and treatment, and drainage facilities, which shall be regulated by the department of environmental quality.
(3) The rules promulgated for seasonal mobile home parks may impose a less stringent standard than the rules promulgated for mobile home parks.
