Introduced

SB 950 - This act modifies various provisions relating to manufactured housing.

This act modifies the term "dealer" as it is used in the manufactured housing code. Under current law, every manufactured housing manufacturer or dealer who offers for sale four or more manufactured homes must register with the Public Service Commission. This act would modify the definition so that those who offers to sell four or more used homes, or one or more new homes with any consecutive 12-month period must also register with the commission.

The act establishes the "Manufactured Housing Customer Recovery Fund" for the purposes of paying consumer claims pursuant to the procedures the commission promulgates by rule. No claims shall be considered by the commission before all other legal remedies have been exhausted. Moneys in the newly created fund may be transferred back to the Manufactured Housing Fund by appropriation.

Under current law, it is a misdemeanor to fail to correct a code violation in a new manufactured home within 90 days. This act specifically provides that the commission may grant reasonable and necessary extensions.

When providing a bill of sale or purchase agreement, the dealer of a new manufactured home shall include the serial number of the unit (or manufacturer name and model number if unavailable) within the bill of sale or purchase agreement.

The act requires every manufacturer of a manufactured home or modular unit to register with the commission each place of business at which the dealer sells such units. The act modifies the dealer registration process by requiring dealers to, when registering, maintain a bona fide established place of business and maintain a permanent enclosed building or structure for the sale of manufactured homes or modular units. The act specifies that the registration application shall contain a business address and not a post office box address. The registration of renewal fee is $200 (currently $50).

The act specifically provides that commission suspension, revocation or probation orders shall apply to all registrations held by the dealer if there is consistent pattern of abuse. The act provides that the commission, through its general counsel, may seek remedies in circuit court for violations of Chapter 700. The act also assigns new statutory numbers to several provisions of law contained in the manufactured housing code (Chapter 700).

This act is substantially similar to SB 313 (2007).

STEPHEN WITTE


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