It is enacted by the General Assembly as follows:

SECTION 1. Sections 31-44-1.1, 31-44-1.2 and 31-44-1.3 of the General Laws in Chapter 31-44 entitled "Mobile and Manufactured Homes" are hereby repealed in their entirety.

{DEL 31-44-1.1. Mobile and manufactured home commission. -- DEL}

{DEL A commission shall be created consisting of thirteen (13) members. Each commissioner shall be a citizen of this state and shall include:

(1) A resident of a licensed mobile and manufactured home park having one hundred (100) or more sites and a resident of a licensed mobile and manufactured home park having less than one hundred (100) sites to be appointed by the governor.

(2) An operator of a licensed mobile and manufactured home park having one hundred (100) or more sites and an operator of a licensed mobile and manufactured home park having less than one hundred (100) sites to be appointed by the governor.

(3) Three (3) members of the house of representatives, not more than two (2) from the same political party to be appointed by the Speaker, of whom two (2) may be members of the general public appointed in lieu of members of the house of representatives.

(4) Two (2) members of the senate, one (1) from each political party to be appointed by the senate majority leader, of whom one (1) may be a member of the general public in lieu of a senate member.

(5) The director of business regulation or his or her designee.

(6) The associate director of administration for planning or his or her designee.

(7) Two (2) members of the general public to be appointed by the governor. DEL}

{DEL 31-44-1.2. Terms of commission members. -- DEL} {DEL Public members and members appointed pursuant to 31-44-1.1 (1) and (2) shall be appointed for terms of three (3) years except that of the six (6) members originally appointed by the governor, two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and two (2) for a term of three (3) years. The members shall annually elect one of them as chairperson of the commission. DEL}

{DEL 31-44-1.3. Quorum -- Meeting of commission. -- DEL} {DEL A majority of the members shall constitute a quorum. The commission shall conduct its business pursuant to the Open Meetings Law, chapter 46 of title 42. DEL}

SECTION 2. Sections 31-44-1, 31-44-1.4 and 31-44-1.5 of the General Laws in Chapter 31-44 entitled "Mobile and Manufactured Homes" are hereby amended to read as follows:

{ADD 31-44-1. Definitions. -- ADD} As used in this chapter:

{DEL (a) "Commission" means the mobile and manufactured home commission created and established as an advisory body pursuant to this chapter. DEL}

(b) "Department" means the department of business regulation.

(c) "Entry requirements" means any written, nondiscriminatory criteria for resident selection incorporated into the rules and regulations of a mobile and manufactured home park which are equally applied by the licensee to all purchasers and prospective residents.

(d) "Fee schedule" means an itemized list of fees for goods or services sold or performed by a mobile and manufactured home park licensee including, but not limited to, the entrance fee, hook-up fee, and maintenance fee, if any.

(e) "Hook-up fee" means a reasonable fee for the services required to install a mobile and manufactured home on a mobile and manufactured home space or lot. The charge shall include the cost of connecting water and sewer lines, electrical connections, tie-downs, removal of wheels or axles, steps, if necessary, and other necessary services, including but not limited to the creation of new pads or piers.

(f) "Household" means one (1) or more persons occupying a housing unit.

(g) "Licensee" means any person or agent licensed under section 31-44-1.6 thereof who is directly or indirectly engaged in the business of selling mobile and manufactured homes or who operates and maintains a mobile and manufactured home park under the provisions of this chapter.

(h) "Mobile and manufactured home" means a detached residential unit designed:

(1) For a long term occupancy and containing sleeping accommodations, a flush toilet, and a tub or shower bath and kitchen facilities, and having both permanent plumbing and electrical connections for attachment to outside systems;

(2) To be transported on its own wheels or on a flatbed or other trailer or detachable wheels; and

(3) To be placed on pads, piers, or tied down, at the site where it is to be occupied as a residence complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and connection to utilities systems.

(i) "Mobile and manufactured home park" or "park" means a plot of ground upon which four (4) or more mobile and manufactured homes, occupied for residential purposes are located.

(j) "Mobile and manufactured home space or lot" means a plot of ground within a mobile and manufactured home park designed for the accommodation of one mobile and manufactured home.

(k) "Owner" means a licensee or permittee or any person who owns, operates, or maintains a mobile and manufactured home park.

(l) "Prospective resident" means an applicant for admission to a mobile and manufactured home park who is ready, willing, and able to buy a mobile and manufactured home owned and offered for sale by a licensee or resident, and who is able to meet the entrance requirements of the rules of the park.

(m) "Protected lawful action" means any report of a violation of this chapter, or of any applicable building or health code, or any other justified complaint to a governmental authority, or any other justified lawful act by the resident(s) or prospective resident(s).

(n) "Reprisal" means any act taken against the resident(s) which is intended as a penalty for any protected lawful action taken by the resident(s).

(o) "Resident" means an owner or renter occupying a mobile and manufactured home in a mobile and manufactured home park with the consent of the owner as defined in subdivision (d) of this section.

(p) "Security deposit" means a sum not to exceed the monthly rental which a licensee may require a resident of a rented mobile or manufactured home to deposit as security in case of damage caused by the resident in excess of ordinary wear and tear.

(q) "Standards for mobile and manufactured homes" means any written, nondiscriminatory minimum specifications for structural soundness, safety, and habitability adopted by the {DEL commission DEL} {ADD department ADD} or any other government agency.

{DEL 31-44-1.4. Powers and duties of commission. DEL} {ADD 31-44-1.4. Powers and duties of department. -- ADD} (1) The {DEL commission DEL} {ADD department ADD} may:

(a) {DEL Act in an advisory capacity in the interpretation and implementation of DEL} {ADD Interpret and implement the provisions of ADD} this chapter and the applicable provisions of chapter 44.1 of this title;

(b) Act for the purpose of promoting a uniform policy relating to all phases of mobile and manufactured home business and use;

(c) Monitor and determine the sufficiency of the state mobile and manufactured home act under this chapter as well as local mobile and manufactured home ordinances which are designed to provide local governments with superintending control over mobile and manufactured home business or use and make recommendations thereto;

(d) Conduct public hearings relating to these advisory responsibilities.

(2) The {DEL commission DEL} {ADD department ADD} shall:

(a) Monitor the implementation of statutes and regulations affecting mobile and manufactured homes.

(b) Make investigations and conduct or authorize periodic surveys to determine compliance with this chapter.

(c) All departments of state government are hereby authorized to provide assistance to the {DEL commission DEL} {ADD department ADD} as the {DEL commission DEL} {ADD department ADD} requires.

(d) Conduct a public education program to improve public perception and local acceptance of mobile and manufactured homes and to promote them as affordable housing.

(e) Study additional issues related to mobile and manufactured homes and periodically disseminate acquired information.

{ADD 31-44-1.5. Mobile and manufactured home advisory information. -- ADD} The {DEL commission DEL} {ADD department ADD} may publish and promote mobile and manufactured home advisory information based on this chapter and other issues as set forth in section 31-44-1.4. The information shall consist of:

A general interpretation of the rights and responsibilities of mobile and manufactured home park licensees and mobile home owners and residents as established by this chapter; and local state and federal standards to protect the health, safety, and welfare of mobile and manufactured home park residents.

SECTION 3. This act shall take effect upon passage.