HCS#2 SCS SB 313 -- CONSUMER PROTECTION

SPONSOR:  Scott (Sutherland)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Professional Registration and Licensing by a vote of 9 to 0.

This substitute changes the laws regarding manufactured housing
dealers and installers and commercial relationships between
persons in the retail sale or lease of merchandise business.  In
its main provisions, the substitute:

(1)  Changes the registration requirement for individuals who
offer to sell four or more used manufactured homes or one or more
new manufactured homes within a year.  Currently, every
manufactured housing manufacturer or dealer who offers for sale
four or more new or used homes must register with the Missouri
Public Service Commission;

(2)  Creates the Manufactured Housing Consumer Recovery Fund to
pay claims filed by aggrieved consumers who have exhausted all
other legal remedies;

(3)  Requires manufactured home dealers to provide purchasers
with a bill of sale containing the serial number and the names of
the persons responsible for the installation and setup;

(4)  Requires every manufactured home dealer to register and pay
a $200 registration or renewal fee by January 15 each year
designating a permanent place of business for its sales and
record keeping;

(5)  Allows the commission to refuse to register an applicant or
suspend or revoke a registration which will apply to all
registrations held by the dealer if there is a consistent pattern
of abuse.  The commission, through its general counsel, may seek
remedies in a circuit court for violations; and

(6)  Prohibits an aggrieved person who has suffered an
ascertainable loss of money or property as a result of an
intentional act from bringing civil actions against any person
who has no commercial relationship to the aggrieved person.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill establishes standards
for installing and constructing manufactured housing and gives
the consumer some options for recourse against fly-by-night
dealers and installers of  manufactured homes.

Testifying for the bill were Senator Scott; Missouri Public
Service Commission; and Missouri Manufactured Housing
Association.

OPPONENTS:  Those who oppose the bill say that it does not bring
the Missouri Public Service Commission any closer to fixing the
problem.  The first time a big problem arises, it will deplete
the recovery fund.

Testifying against the bill was Ned Beech, Fuqua Homes,
Incorporated.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:22 am