First Regular Session
Sixty-second General Assembly
LLS NO. 99-0621.02 Julie Hoerner HOUSE BILL 99-1300
STATE OF COLORADO
BY REPRESENTATIVES Smith, Saliman, Swenson, and Tochtrop;
also SENATOR Perlmutter.
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF A TOLL-FREE TELEPHONE NETWORK TO
102 RECEIVE CONSUMER COMPLAINTS REGARDING MANUFACTURED
103 HOUSING FOR THE PURPOSES OF DETERMINING WHETHER LICENSURE
104 OF THE MANUFACTURED HOUSING INDUSTRY IS NECESSARY, AND,
105 IN CONNECTION THEREWITH, CREATING A REGISTRATION FEE FOR
106 DEALERS AND INSTALLERS OF MANUFACTURED HOUSING TO FUND
107 THE TOLL-FREE NETWORK.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Finds that safe, affordable housing is important in the protection
of Colorado residents. Finds that there are complaints regarding the sales
of, including resales, leasing of space for, and installation of
manufactured housing. Determines that a study of the problem shall be
done to assess the severity of the problems with sales, resales, lease of
space for, and installation of manufactured housing.
Requires the division of real estate within the department of
regulatory agencies to study the necessity of regulating the sales of,
including resales, leasing of space for, and installation of manufactured
housing. Creates a toll-free consumer advocacy network to compile data
by registering complaints that consumers have regarding the purchase,
installation, and leasing of space for manufactured homes. Creates a cash
fund from annual registration fees collected from dealers and installers of
manufactured housing. Makes it a violation of the "Colorado Consumer
Protection Act" to fail to pay the annual registration fees. Requires the
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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division to report its findings by April 15, 2002.
Repeals the toll-free consumer advocacy network on July 1, 2002.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. The general assembly
3 hereby finds and declares that it is in the interest of Colorado to have
4 reasonably priced, structurally safe, and reasonable leasing arrangements
5 for manufactured housing. However, concerns have been raised that
6 Coloradans purchasing new or previously owned manufactured housing
7 are not treated in a uniform and consistent manner and are not receiving
8 quality installation. Therefore, it is in the interest of protecting residents
9 throughout the state that the general assembly creates a toll-free consumer
10 advocacy network in order to collect information about the problems of
11 purchasers of manufactured housing for determining whether regulation
12 of the industry is necessary.
13 SECTION 2. Part 1 of article 61 of title 12, Colorado Revised
14 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
15 read:
16 12-61-124. Study - toll-free consumer advocacy network - fee
17 - cash fund created - repeal. (1) THE DIVISION OF REAL ESTATE WITHIN
18 THE DEPARTMENT OF REGULATORY AGENCIES SHALL MAKE OR CAUSE TO
19 BE MADE A STUDY TO DETERMINE WHETHER PERMANENT REGULATION OF
20 THE SALES OF, INCLUDING RESALES, LEASING OF SPACE FOR, AND
21 INSTALLATION OF MANUFACTURED HOUSING, AS DEFINED IN SECTION
22 24-32-703 (6.1) OR (6.3), C.R.S., IS NECESSARY TO PROTECT CONSUMERS.
23 THE DIVISION SHALL CREATE A TOLL-FREE CONSUMER ADVOCACY
24 NETWORK TO RECEIVE INFORMATION AND COLLECT DATA REGARDING
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1 PROBLEMS AND COMPLAINTS INCLUDING, BUT NOT LIMITED TO:
2 (a) THE PURCHASING OF MANUFACTURED HOUSING;
3 (b) THE INSTALLATION OF MANUFACTURED HOUSING;
4 (c) THE LEASING OF SPACE FOR MANUFACTURED HOUSING;
5 (d) ANY DIFFICULTY RESELLING A MANUFACTURED HOME;
6 (e) FINANCING FOR MANUFACTURED HOUSING; AND
7 (f) ANY VIOLATION OF SECTION 6-1-105, C.R.S.
8 (2) (a) THE DIVISION SHALL REQUIRE THAT DEALERS OF
9 MANUFACTURED HOUSING, AS DEFINED IN SECTION 24-32-703 (1.4),
10 C.R.S., PROVIDE, IN WRITING, THE TOLL-FREE CONSUMER ADVOCACY
11 TELEPHONE NUMBER TO PURCHASERS OF A MANUFACTURED HOME, AS
12 DEFINED IN SECTION 24-32-703 (6.7), C.R.S., AT THE TIME OF PURCHASE.
13 (b) THE DIVISION SHALL REQUIRE THAT MOBILE HOME OR
14 MANUFACTURED HOUSING PARKS PROVIDE, IN WRITING, THE TOLL-FREE
15 CONSUMER ADVOCACY TELEPHONE NUMBER TO TENANTS AT THE TIME OF
16 ENTERING INTO OR RENEWING A LEASE.
17 (c) THE DIVISION SHALL REQUIRE THAT INSTALLERS OF
18 MANUFACTURED HOUSING PROVIDE, IN WRITING, THE TOLL-FREE
19 CONSUMER ADVOCACY TELEPHONE NUMBER TO OWNERS OF
20 MANUFACTURED HOMES AT THE TIME OF INSTALLATION.
21 (3) (a) THE DIRECTOR OF THE DIVISION OF REAL ESTATE SHALL
22 ESTABLISH ANNUAL REGISTRATION FEES TO BE CHARGED TO EACH DEALER
23 SELLING AND EACH INSTALLER OF MANUFACTURED HOUSING WITHIN
24 COLORADO FOR THE SERVICES PROVIDED BY THE DIVISION IN
25 ESTABLISHING AND IMPLEMENTING THE TOLL-FREE CONSUMER ADVOCACY
26 NETWORK PURSUANT TO THIS SECTION. IT IS THE INTENT OF THE GENERAL
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1 ASSEMBLY THAT THE REGISTRATION FEES COVER ALL DIRECT AND
2 INDIRECT COSTS INCURRED IN CONNECTION WITH THE TOLL-FREE
3 CONSUMER ADVOCACY NETWORK.
4 (b) THE REGISTRATION FEES COLLECTED PURSUANT TO THIS
5 SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL
6 CREDIT THE SAME TO THE TOLL-FREE CONSUMER ADVOCACY NETWORK
7 FOR MANUFACTURED HOUSING CASH FUND, WHICH FUND IS HEREBY
8 CREATED. THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FROM
9 THE TOLL-FREE CONSUMER ADVOCACY NETWORK FOR MANUFACTURED
10 HOUSING CASH FUND TO THE DEPARTMENT OF REGULATORY AGENCIES AN
11 AMOUNT SUFFICIENT TO MEET EXPENSES INCURRED PURSUANT TO THIS
12 SECTION.
13 (c) A MANUFACTURED HOUSING DEALER OR INSTALLER WHO FAILS
14 TO REMIT THE ANNUAL REGISTRATION FEE TO THE DIVISION SHALL BE IN
15 VIOLATION OF SECTION 6-1-105 (1) (qq) (IV), C.R.S.
16 (4) THE DIVISION SHALL PREPARE A REPORT OF ITS FINDINGS TO
17 THE GENERAL ASSEMBLY NO LATER THAN APRIL 15, 2002. THE REPORT
18 SHALL FULLY EXPLAIN THE STUDY AND THE REASONS SUPPORTING THE
19 CONCLUSIONS OF THE DIVISION.
20 (5) THIS SECTION IS REPEALED, JULY 1, 2002.
21 SECTION 3. 12-61-106, Colorado Revised Statutes, is amended
22 BY THE ADDITION OF A NEW SUBSECTION to read:
23 12-61-106. Director, clerks, and assistants. (3) IT IS THE DUTY
24 OF THE DIRECTOR TO COLLECT ANNUAL REGISTRATION FEES FROM DEALERS
25 OF MANUFACTURED HOUSING, AS DEFINED IN SECTION 24-32-703 (1.4),
26 C.R.S., FOR THE ESTABLISHMENT, MAINTENANCE, AND FUNCTIONING OF A
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1 TOLL-FREE CONSUMER ADVOCACY NETWORK FOR MANUFACTURED
2 HOUSING. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
3 REGISTRATION FEES COVER ALL DIRECT AND INDIRECT COSTS INCURRED IN
4 CONNECTION WITH THE TOLL-FREE CONSUMER ADVOCACY NETWORK. THE
5 REGISTRATION FEE SHALL BE NO MORE THAN FIVE DOLLARS PER SALE FOR
6 EACH DEALER AND NO MORE THAN FIVE DOLLARS PER INSTALLATION FOR
7 EACH MANUFACTURED HOUSING INSTALLER.
8 SECTION 4. 6-1-105 (1) (qq), Colorado Revised Statutes, is
9 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
10 6-1-105. Deceptive trade practices. (1) A person engages in a
11 deceptive trade practice when, in the course of such person's business,
12 vocation, or occupation, such person:
13 (qq) Except with respect to activities subject to article 61 of title
14 12, C.R.S., and those that would be covered except for a specific
15 exemption set forth in said article 61 of title 12, C.R.S., in connection
16 with the advertisement or sale of a manufactured home:
17 (IV) FAILS TO PAY THE ANNUAL REGISTRATION FEE FOR THE
18 TOLL-FREE CONSUMER ADVOCACY NETWORK FOR MANUFACTURED
19 HOUSING PURSUANT TO SECTION 12-61-124 (3), C.R.S.
20 SECTION 5. Appropriation. In addition to any other
21 appropriation, there is hereby appropriated, out of any moneys in the
22 toll-free consumer advocacy network for manufactured housing cash
23 fund, created in section 12-61-124 (3), Colorado Revised Statutes, to the
24 department of regulatory agencies, for the fiscal year beginning July 1,
25 1999, the sum of ___ dollars ($ ), or so much thereof as may be
26 necessary, for the implementation of this act.
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1 SECTION 6. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, and safety.