(1) The division shall also create and maintain a database of mobile home parks that have had complaints filed against them under the program or that have an unremediated water quality issue as determined pursuant to part 10 of article 8 of title 25.
(2) At a minimum, the database must include:
(a) The number of complaints received;
(b) The nature and extent of the complaints received;
(c) The violation of law complained of;
(d) The outcome of each complaint; and
(e) Whether the mobile home park has a water quality issue, as described in the notice from the water quality control division in accordance with section 25-8-1003 (1)(b), that has not been remediated.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9, effective May 23. L. 2023: (1), (2)(c), and (2)(d) amended and (2)(e) added, (HB 23-1257), ch. 376, p. 2260, � 12, effective June 5.
38-12-1109. Mobile home park act dispute resolution and enforcement program annual report. The division shall prepare an annual report that contains, at a minimum, the number of constituents contacted by the division in regard to the program, the number of complaints received under the program received by the division, the number of complaints under the program resolved by the division, a brief summary of the nature of the complaints under the program received by the division, how the complaints under the program received by the division were resolved, the number of administrative appeals under the program, a summary of any relevant court decisions relating to the program, and a summary of results of an annual constituent survey conducted by an independent contractor.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9, effective May 23.
38-12-1110. Mobile home park act dispute resolution and enforcement program fund. (1) There is created in the state treasury the mobile home park act dispute resolution and enforcement program fund. All money collected pursuant to the program must be deposited in the fund. The fund shall be used by the division for the costs associated with administering the program. Subject to annual appropriation by the general assembly, the division may expend money from the fund to administer the program. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(2) The division, by rule or as otherwise provided by law, may reduce the amount of any fee imposed under this part 11 if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the division, by rule or as otherwise provided by law, may increase the amount of the fees imposed under this part 11 as provided in section 24-75-402 (4).
(3) (a) In fiscal year 2022-23 and each fiscal year thereafter, the general assembly shall appropriate money from the general fund to the mobile home park act dispute resolution and enforcement program fund for use by the division to conduct outreach, monitoring, and enforcement related to sections 38-12-217 and 38-12-203.5.
(b) In fiscal year 2024-25 and each fiscal year thereafter, the general assembly may appropriate money from the general fund to the mobile home park act dispute resolution and enforcement program fund for use by the division to cover costs associated with complaints filed pursuant to section 38-12-1103 (2)(b) that are not covered by the fee authorized in section 38-12-1106 (8).
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9, effective May 23. L. 2022: (3) added, (HB 22-1287), ch. 255, p. 1884, � 26, effective October 1. L. 2025: (1) amended, (SB 25-265), ch. 130, p. 512, � 4, effective July 1; (3)(b) amended, (SB 25-300), ch. 428, p. 2455, � 53, effective August 6.