HOUSE BILL NO. 4300

February 23, 2021, Introduced by Reps. Clements, Mueller, Sneller, Cherry, Witwer, Hertel and Kahle and referred to the Committee on Regulatory Reform.

"The mobile home commission act,"

by amending section 5 (MCL 125.2305), as amended by 2006 PA 328.

the people of the state of michigan enact:

Sec. 5. (1) After consultation with and considering comments from representatives of the manufactured housing industry and other interested parties, the department shall, by December 31, 2022, promulgate the mobile home code subject to section 4. The code shall must consist of rules governing all of the following:

(a) The licensure, density, layout, permits for construction, construction of mobile home parks including standards for fire hydrants, roads, road signs, utilities, open space, spaces, or proposed community buildings and 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.environment, Great Lakes, and energy.

(b) The business, sales, and service practices of mobile home dealers, including requiring advertisements to contain contact information, as well as placing parameters on dealer sales financing practices and terms, claims, and conditions to the sale of a mobile home.

(c) The business practices of mobile home installers and repairers, including training and licensing requirements for individuals who install and repair mobile homes in mobile home parks or seasonal mobile home parks.

(d) The licensure and regulations of mobile home installers and repairers.

(d) (e) The setup and installation of mobile homes inside mobile home parks or seasonal mobile home parks.

(e) (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.

(f) (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 are being sold by the dealer and of which the dealer has knowledge.

(g) (h) Applications for and issuance of certificates of title for mobile homes.

(h) Inspections, including audit inspections of mobile home parks and seasonal mobile home parks.

(i) Retailers and retailers' agents practices as well as prohibited practices, including violations of this act and the rules promulgated under this act, acting on an unlicensed person's behalf, allowing a license to be used by an unlicensed person, disclosure of retailers' interest to third parties, and disclosure of retailers' interest in transactions.

(j) The hearing process for persons aggrieved by a local government's decision in relation to a mobile home park or seasonal mobile home park licensed under this act.

(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 that are regulated by the department of environmental quality.environment, Great Lakes, and energy.

(3) The rules promulgated for seasonal mobile home parks may impose a less stringent standard than the rules promulgated for mobile home parks.

(4) All administrative rules promulgated by the department or the commission under this act and not rescinded on the effective date of the amendatory act that added this subsection are authorized, valid, and enforceable, and must remain in effect until December 31, 2022 or the date on which the department promulgates administrative rules pursuant to the amendatory act that added this subsection, whichever is earlier.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4301 (request no. 00774'21).

(b) Senate Bill No.____ or House Bill No. 4304 (request no. 00775'21).

(d) Senate Bill No.____ or House Bill No. 4303 (request no. 01312'21).

(e) Senate Bill No.____ or House Bill No. 4298 (request no. 01319'21).

(f) Senate Bill No.____ or House Bill No. 4302 (request no. 01469'21).