House Introduced Bill 5822

HOUSE BILL No. 5822


     May 23, 2000, Introduced by Reps. Richardville, Scranton, DeRossett, Kukuk, Mans, Lockwood and Garcia and referred to the
Committee on Economic Development.


        A bill to amend 1959 PA 243, entitled

   "An act to define, license and regulate trailer coach parks; to
   prescribe the powers and duties of the state health commissioner
   and other state and local officers; to provide for the levy and
   collection of specific taxes on occupied trailers in trailer
   coach parks and the disposition of the revenues therefrom; to
   provide remedies and penalties for the violation of this act; and
   to repeal certain acts and parts of acts,"

   by amending the title and sections 35, 41, 42, and 43

   (MCL 125.1035, 125.1041, 125.1042, and 125.1043), section 42 as

   amended by 1994 PA 365.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to define, license, and regulate  trailer coach 

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      MANUFACTURED HOME parks; to prescribe the powers and duties of

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      the  state health commissioner  DIRECTOR OF THE DEPARTMENT OF

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      COMMUNITY HEALTH and other state and local officers; to provide

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      for the levy and collection of specific taxes on occupied


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      trailers AND MANUFACTURED HOMES in  trailer coach  MANUFACTURED

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      HOME parks and the disposition of the revenues  therefrom  FROM

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      THE SPECIFIC TAX; AND to provide remedies and penalties for the

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      violation of this act.  ; and to repeal certain acts and parts of

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      acts. 

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           Sec. 35.  (1) If a  trailer coach  MANUFACTURED HOME park is

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      located in more than  one  1 municipality, then it  shall be
    IS

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      considered to be a separate park for each of the municipalities

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      in which it is located, except that all requirements pertaining

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      to physical arrangement and provision of facilities shall be the

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      same as though for a single park.  Any license  LICENSE fees and

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      monthly taxes accruing to municipalities under the provisions of

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      this act shall be paid to each municipality on the basis of the

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      number of  trailer coach  MANUFACTURED HOME sites in each munici-

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      pality and the number of occupied  trailer coaches  MANUFACTURED

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      HOMES on sites in each municipality.

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           (2) AS USED IN THIS ACT:

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           (A) "MANUFACTURED HOME" MEANS THAT TERM AS DEFINED IN SEC-

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      TION 2 OF THE MANUFACTURED HOUSING COMMISSION ACT, 1987 PA 96,

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      MCL 125.2302.

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           (B) "TRAILER COACH" MEANS THAT TERM AS DEFINED IN SECTION 74

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      OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.74.

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           Sec. 41.  Each licensee shall collect and remit a specific

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      tax of $3.00 per month, or major fraction  thereof  OF A MONTH,

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      per occupied  trailer coach, which shall be  MANUFACTURED HOME.

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      THE SPECIFIC TAX IS a tax  upon  ON the owners  or occupants
    of

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      each occupied  trailer coach  MANUFACTURED HOME, including A



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      trailer  coaches licensed  COACH REGISTERED under the provisions

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      of  Act No. 300 of the Public Acts of 1949, as amended, being

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      sections 257.1 to 257.923 of the Compiled Laws of 1948  THE

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      MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, not-

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      withstanding any provision of  Act No. 300 of the Public Acts of

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      1949, as amended,  THAT ACT to the contrary, occupying space

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      within the  trailer coach  MANUFACTURED HOME park.  The specific

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      tax  shall be  IS in lieu of  any  property tax levied
    upon  ON

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      the  trailer coach  MANUFACTURED HOME pursuant to the  provisions

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      of Act No. 206 of the Public Acts of 1893, as amended, being sec-

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      tions 211.1 to 211.157 of the Compiled Laws of 1948  GENERAL

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      PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157,  upon  ON or

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      on account of the  trailer  MANUFACTURED HOME while located in

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      the  trailer coach  MANUFACTURED HOME park.  The licensee of a

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       trailer coach  MANUFACTURED HOME park shall not collect a

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      monthly tax for  any  space occupied by a trailer coach accom-

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      panied by an automobile when the trailer coach and automobile

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      bear license plates issued by  any  A state other than this state

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      for an accumulated period not to exceed 90 days in  any  A

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      12-month period, if all the occupants of the trailer coach with

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      accompanying automobiles are tourists or vacationists.  When

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       one  1 or more persons occupying a trailer coach bearing a for-

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      eign license are employed or are conducting  any manner of  busi-

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      ness or furnishing  any  A service for gain within this state,

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      there  shall be  IS no exemption from the specific tax LEVIED

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      UNDER THIS SECTION.





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           Sec. 42.  (1)  The  UNTIL JUNE 30, 2000, THE treasurer of

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      the municipality  ,  in which a  trailer coach 
   MANUFACTURED HOME

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      park is located  ,  shall accept and verify the monthly reports

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      from licensees and collect and disburse the monthly tax payments

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      as provided in this act.  The municipal treasurer shall issue a

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      receipt in triplicate for all money collected under this act.  , 

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      THE TREASURER SHALL GIVE the original receipt  to be given  to

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      the licensee, SHALL RETAIN the duplicate  to be retained by the

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      treasurer  for municipal records, and SHALL TRANSMIT the tripli-

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      cate  ,  together with 50 cents per  trailer coach shall be

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      transmitted  MANUFACTURED HOME to the county treasurer.  , who
   

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      THE COUNTY TREASURER shall issue a receipt for the amount

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      received and credit the proceeds to the county general fund.  The

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      municipal treasurer shall credit the municipal general fund with

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      50 cents per  trailer coach  MANUFACTURED HOME located within the

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      municipality.

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           (2) For taxes transmitted after June 30, 1994 BUT BEFORE

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      JUNE 30, 2000, the municipal treasurer shall transmit $2.00 for

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      each  trailer coach  MANUFACTURED HOME parked in the municipality

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      to the state treasury for credit to the state school aid fund

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      established by section 11 of article IX of the state constitution

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      of 1963.

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           (3) FOR TAXES CREDITED AFTER JUNE 30, 2000, THE MUNICIPAL

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      TREASURER SHALL TRANSMIT $2.00 OF THE SPECIFIC TAX FOR EACH MANU-

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      FACTURED HOME TO THE SCHOOL DISTRICT IN WHICH THE MANUFACTURED

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      HOME IS LOCATED FOR THE PURPOSES OF THE SCHOOL DISTRICT'S

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      INFRASTRUCTURE.



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           Sec. 43.  All remittances  A REMITTANCE of monthly taxes

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      shall be made by the licensee on or before the fifth day of each

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      month for the preceding month.  Nothing in this act  shall pro-

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      hibit any  PROHIBITS A licensee from reimbursing himself OR

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      HERSELF for the amount of each specific tax  which he  THAT THE

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      LICENSEE is obligated to collect and remit by adding to  his 

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      charges for each parking space in  his trailer coach  THE MANU-

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      FACTURED HOME park an amount equal to the specific tax levied

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       hereunder  IN THIS ACT.






































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