HB-5035, As Passed Senate, December 8, 2004                                 

    SENATE SUBSTITUTE FOR

    HOUSE BILL NO. 5035

                                                                             A bill to amend 1987 PA 96, entitled                                              

"The mobile home commission act,"                                           

by amending section 3 (MCL 125.2303).                                       

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 3.  (1) The mobile home commission is created within                   

2   the department.  of commerce.

3       (2)  The Beginning with the expiration of the terms of                     

4   commissioners serving on December 1, 2004, the commission                   

5   consists shall consist of  11 13 members appointed by the                

6   governor with the advice and consent of the senate, each of whom            

7   shall be a citizen of this state.                                           

8       (3) The members of the commission shall include each of the                 

9   following:                                                                  

10      (a) A representative of an organization whose membership                    

11  consists of mobile home residents.                                          

House Bill No. 5035 as amended December 8, 2004                             

1       (b) A representative of financial institutions.                             

2       (c)  Two Three operators of a licensed mobile home park.

3   having 100 or more sites and 1 operator of a licensed mobile               

4   home park having less than 100 sites.

5   (d) A representative of organized labor.

6   (d)  (e)  An elected official of a  local government

7   township.                                                                   

8   (e)  (f)  A licensed mobile home dealer.                                    

9   (f)  (g)  One resident of a licensed mobile home park  having               

10  100 or more sites and 1 resident of a licensed mobile home park             

11  having less than 100 sites who also is a representative of                 

12  organized labor.                                                            

13  (g)  (h)  A manufacturer of mobile homes.                                   

14  (h) One elected public school district representative.                      

15      (i) One elected official of a <<city or>> village or a registered           

16  professional community planner.                                             

17      (j) One individual who services, installs, or repairs                       

18  manufactured homes.                                                         

19      (k) One representative who is an elected official of county                 

20  government, a local public health official, or a state or local             

21  fire official.

22      (4) A person appointed to be a member under subsection                      

23  (3)(a), (d),  (e), (g) (f), or (h), or a member of that person's           

24  immediate family shall not have more than a 1% ownership interest           

25  in or income benefit from a manufacturer of mobile homes, a                 

26  retail seller of mobile homes, a licensed mobile home park, or a            

27  supplier of ancillary products or services to the mobile home               

1   industry.                                                                   

2       (5) The term of each member shall be for 3 years.                           

3   Commissioners who are in office as of December 1, 2004 may serve            

4   out their terms. A vacancy in the office of a member shall be               

5   filled by the governor for the remainder of the unexpired term,             

6   not more than 1 month after the vacancy is created, in the same             

7   manner as the original appointment.                                         

8       (6) The per diem compensation of the commission and the                     

9   schedule for reimbursement of expenses shall be established                 

10  annually by the legislature.                                                

11      (7)  Six Seven members of the commission constitute a quorum               

12  for all purposes, notwithstanding the existence of a vacancy in             

13  the commission's membership.  Action may be taken by the                    

14  commission by a vote of a majority of the members appointed and             

15  serving.  Meetings of the commission may be called by the                   

16  chairperson or by 3 members on 3 business days' actual notice.              

17  At least 1 meeting shall be held each calendar quarter.  The                

18  commission may hold meetings anywhere in this state.                        

19      (8) The commission shall elect a member of the commission as                

20  its chairperson and another member as its vice-chairperson.  The            

21  duties and powers of the chairperson and vice-chairperson  shall            

22  be are as prescribed in the commission's rules.                            

23      (9) A member of the commission may be removed from office by                

24  the governor for inefficiency, neglect of duty, or misconduct or            

25  malfeasance in office.  A member of the commission who has a                

26  direct pecuniary interest in a matter before the commission shall           

27  disclose that interest before the commission taking action with             

1   respect to the matter.  , which The disclosure shall become a              

2   part of the record of the commission's official proceedings.                

3       Enacting section 1.  This amendatory act does not take                      

4   effect unless House Bill No. 4880 of the 92nd Legislature is                

5   enacted into law.