CHAPTER 445

FORMERLY

HOUSE BILL NO. 680

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 86, PART VIII, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CONSUMER AFFAIRS; AND PROVIDING FOR AN ADVISORY COUNCIL ON MANUFACTURED HOUSING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §8614, Chapter 86, Part VIII, Title 29 of the Delaware Code by striking the title of said §8614, and substituting in lieu thereof the following:

"§8614. Consumer Affairs Advisory Councils"

Section 2. Amend §8614, Chapter 86, part VIII, Title 29 of the Delaware Code by striking subsection (a) In its entirety and substituting in lieu thereof the following:

"(a) Council on Consumer Affairs.

(1) The Council on Consumer Affairs is established and shall serve in an advisory capacity to the Director of Consumer Affairs and shall consider matters relating to the protcetion and guidance of consumers and businesses and such other matters as may be referred to it by the Governor, Secretary of the Department or the Director of Consumer Affairs. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner."

Section 3. Amend §8614, Chapter 86, Part VIII, title 29 of the Delaware Code by re-designating present subsection (b) as new paragraph (2) under subsection (a); by redesignating present subsection (c) as new paragraph (3) under subsection (a); and by re-designating each succeeding subsection accordingly.

Section 4. Amend §8614, Chapter 86, Part VIII, Title 29 of the Delaware Code by adding thereto a new subsection, designated as Subsection (b), which new subsection shall read as follows:

"(b) Council on Manufactured Housing.

(1) The Council on Manufactured Housing shall advise the Division on matters relating to

mobile home owners and tenants, manufactured housing, and mobile home parks. The Council may consider matters referred to it by the Division; and may, on its own motion, consider any Issue or matter within its field of expertise. The Council shall report directly and exclusively to the Division. All funding for the Council shall be determined by the Division.

(2) The Council on Manufactured Housing shall be composed of fourteen members, twelve of whom shall be appointed by the Governor: six members representing the manufactured housing Industry; and six members representing persons who live in mobile home parks, both those who own the mobile homes in which they reside and those who do not own the mobile homes In which they reside (at least one from each county). In the event a member ceases to be an owner or employee of a mobile home park, or a resident of a mobile home park, such person's membership shall cease upon the occurrence of such event. In addition to the twelve voting members appointed by the Governor, a representative of the Division appointed by the Director, and a representative of the Department of Justice, appointed by the Attorney General shall serve as non voting ex officio members.

(3) Each member shall serve for a term for two years, and may succeed himself for one additional term; provided however, that where a member was initially appointed to fill a vacancy, such member shall succeed himself for only one additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member.

(4) Membcrs of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties u members of the Council. A Chairman of the Council shall be chosen by members of the Council from among its members; shall serve in that capacity for a term of one year and shall be eligible for re-election."

Section 5. Notwithstanding the provisions of Section 4 of this Act, the initial members of the Council on Manufactured Housing shall be those persons who were members of the Delaware Manufactured Housing Community Commission at the time of the enactment of this Act. Six members of the Council-, three of whom shall be mobile home residents, shall have an initial term of two years;and the remaining six members shall serve an Initial term of three years. The Governor shall determine the terms of all Initial members.

Approved July 7. 1986.