Bill Text: MI SB1091 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Mobile homes; title; duplicate title for mobile home; require certification and information to verify the identity of individual submitting electronic request. Amends secs. 2 & 30a of 1987 PA 96 (MCL 125.2302 & 125.2330a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0588'12 With Immediate Effect [SB1091 Detail]
Download: Michigan-2011-SB1091-Chaptered.html
Act No. 588
Public Acts of 2012
Approved by the Governor
January 7, 2013
Filed with the Secretary of State
January 7, 2013
EFFECTIVE DATE: January 7, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senator Kowall
ENROLLED SENATE BILL No. 1091
AN ACT to amend 1987 PA 96, entitled “An act to create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,” 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, 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 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, 1978 PA 368, MCL 333.12501 to 333.12516.
(n) “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 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 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 its genuineness, regularity, or legality or of the truth of any statement contained in it, or for any other reason 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 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
