Mich. Comp. Laws § 125.2349

Legislative intent and declarations.

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THE MOBILE HOME COMMISSION ACT


Act 96 of 1987


125.2349 Legislative intent and declarations.

Sec. 49.

    This act is intended to eliminate the confusion with respect to the legal status of Act No. 419 of the Public Acts of 1976 as a result of attorney general opinion no. 6438 of 1987. The legislature hereby makes the following declarations:

    (a) The legislature, through the enactment of Act No. 299 of the Public Acts of 1986, intended to repeal section 47 of Act No. 419 of the Public Acts of 1976 and thereby maintain Act No. 419 of the Public Acts of 1976 in effect.

    (b) This act is intended to remedy and cure any defect, actual or illusory, in the passage of Act No. 299 of the Public Acts of 1986.

    (c) This act does not dissolve and recreate the mobile home commission created pursuant to Act No. 419 of the Public Acts of 1976 and the mobile home commission is intended to be the same mobile home commission created and operating pursuant to Act No. 419 of the Public Acts of 1976, without interruption.

    (d) This act validates all action taken by the department and the mobile home commission on and after January 10, 1987, if such action is otherwise valid under this act. All applications, complaints, and other proceedings commenced or continued on and after January 10, 1987 are deemed to be valid and commenced or continued under this act, if such applications, complaints, and other proceedings are otherwise valid under this act.

    (e) Any administrative rules promulgated under Act No. 419 of the Public Acts of 1976 shall be considered to have remained in effect and without interruption pursuant to this act regardless of the repeal of Act No. 419 of the Public Acts of 1976.

    (f) All rights, powers, duties, and liabilities of any person or entity under Act No. 419 of the Public Acts of 1976 shall continue, without interruption, under this act.

    (g) This act is remedial and curative and shall apply from January 10, 1987 and is intended to be a continuation without interruption of Act No. 419 of the Public Acts of 1976.

History: 1987, Act 96, Imd. Eff. July 6, 1987

AdminRule Notes:

    R 125.1101 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 3 cases, 1990–2011 · leading case: Johnson v. QFD, Inc.
Johnson v. QFD, Inc. (2011) michctapp “However, the Legislature has specifically declared that the remedies provided in the MHCA “are not mutually exclusive,” MCL 125.”
In Re Bencker (1990) miwb “2301-§ 125.2349, supersede § 440.2401(2). Alternatively, the Debtors and CBS argue that if § 440.”
Sandy Pines Wilderness Trails, Inc v. Salem Township (1999) michctapp “See 1987 PA 96 , MCL 125.2349; MSA 19.855(149). Neither the 1976 mhca nor the 1987 tmhca continued the use of the term “trailer coach.”
— Mich. Comp. Laws § 125.2349(g) — 1 case
Johnson v. QFD, Inc. (2011) michctapp “However, the Legislature has specifically declared that the remedies provided in the MHCA “are not mutually exclusive,” MCL 125.”
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