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S1130.......................................by COMMERCE AND HUMAN RESOURCES
MANUFACTURED HOMES - INSTALLATION - Amends existing law to provide that no
manufactured home installer shall engage in business in Idaho without being
licensed by the Division of Building Safety; to define "manufactured home
installer"; and to redefine "manufactured home service company."
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Brandt, Deide, King-Barrutia
Floor Sponsor -- Stegner
Title apvd - to House
02/23 House intro - 1st rdg - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1130
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO MANUFACTURED HOME DEALER AND BROKER LICENSING; AMENDING SECTION
3 44-2101, IDAHO CODE, TO PROVIDE THAT NO MANUFACTURED HOME INSTALLER SHALL
4 ENGAGE IN BUSINESS IN IDAHO WITHOUT BEING LICENSED AS PROVIDED BY LAW;
5 AMENDING SECTION 44-2101A, IDAHO CODE, TO DEFINE "MANUFACTURED HOME
6 INSTALLER" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME SERVICE COM-
7 PANY"; AND AMENDING SECTION 44-2106, IDAHO CODE, TO PROVIDE THAT IT IS
8 UNLAWFUL TO ENGAGE IN BUSINESS AS A MANUFACTURED HOME INSTALLER WITHOUT
9 BEING DULY LICENSED BY THE DIVISION OF BUILDING SAFETY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 44-2101, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 44-2101. PURPOSE -- LICENSE REQUIRED. The legislature finds that the reg-
14 ulation and control of those persons engaged in the business of manufacturing,
15 selling, installing or servicing of manufactured homes is necessary to protect
16 the health and safety of the citizens of Idaho. To that end, it shall be
17 unlawful for any person to engage in business as a manufacturer of manufac-
18 tured homes, a manufactured home dealer, manufactured home broker, manufac-
19 tured home service company, a manufactured home installer or a manufactured
20 home salesman without being duly licensed as provided in this chapter.
21 SECTION 2. That Section 44-2101A, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 44-2101A. DEFINITIONS. As used in this chapter:
24 (1) "Administrator" means the administrator of the division of building
25 safety of the state of Idaho.
26 (2) "Manufactured home" means a structure as defined in section
27 39-4105(13), Idaho Code.
28 (3) "Manufactured home broker" means any person engaged in the business
29 of selling or exchanging used units only, or who buys, sells, lists or
30 exchanges three (3) or more used units in any one (1) calendar year, except as
31 otherwise provided in this chapter.
32 (4) "Manufactured home dealer" means any person engaged in the business
33 of selling or exchanging new and used units, or who buys, sells, lists or
34 exchanges three (3) or more new and used units in any one (1) calendar year,
35 except as otherwise provided in this chapter.
36 (5) "Manufactured home installer" means a person who owns a business
37 which installs a manufactured or mobile home at the site where it is to be
38 used for occupancy in accordance with the Idaho manufactured home installation
39 standard.
40 (6) "Manufactured home salesman" means any person employed by a manufac-
41 tured home dealer or broker for a salary, commission or compensation of any
2
1 kind to sell, list, purchase or exchange or to negotiate for the sale, list-
2 ing, purchase or exchange of units, except as otherwise provided in this chap-
3 ter.
4 (67) "Manufactured home service company" includes "manufactured home
5 installer" and means any person other than a manufactured home dealer who pro-
6 vides service, setup, or both, of owns a business which performs construction
7 related work on or within manufactured or mobile homes. The term does not
8 include a manufactured/mobile home dealer or owner, licensed electrical or
9 plumbing contractors, carpet and vinyl installers, painting contractors, tape
10 and texture installers, cabinet installers, public utilities,
11 manufactured/mobile home installers or the employees of those listed herein. A
12 service company license will not be required for any person who receives gross
13 revenues of less than two thousand five hundred dollars ($2,500) in a calendar
14 year for the performance of construction related work on manufactured or
15 mobile homes.
16 (78) "Manufacturer" means any person engaged in the business of manufac-
17 turing manufactured homes that are offered for sale, lease or exchange in the
18 state of Idaho.
19 (89) "Mobile home" means a structure similar to a manufactured home, but
20 built to a state mobile home code which existed prior to the Federal Manufac-
21 tured Housing and Safety Standards Act (HUD Code).
22 (910) "Person" means a natural person, corporation, partnership, trust,
23 society, club, association, or other organization.
24 (101) "Principal place of business" means an enclosed structure accessible
25 and open to the public, at which the business is lawfully conducted in accor-
26 dance with the terms of all applicable building codes, zoning and other land
27 use regulatory ordinances, in which building the public may contact the
28 dealer, broker or salesman, and at which place shall be kept and maintained
29 the books, records and files necessary to conduct the business. There shall be
30 displayed on the exterior a sign permanently affixed to the land or building
31 with letters clearly visible to the major avenue of traffic.
32 (112) "Responsible managing employee" means the person designated by the
33 employer to supervise other employees, either personally or through others.
34 (123) "Unit" means a mobile or manufactured home.
35 SECTION 3. That Section 44-2106, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 44-2106. VIOLATIONS. (1) It shall be unlawful to engage in business as a
38 manufacturer, manufactured home dealer, manufactured home broker, manufactured
39 home salesman, manufactured home installer or manufactured home service com-
40 pany without being duly licensed by the division of building safety pursuant
41 to this chapter.
42 (2) It shall be unlawful for a manufacturer, manufactured home dealer,
43 manufactured home broker, manufactured home salesman, manufactured home
44 installer or manufactured home service company to:
45 (a) Intentionally publish or circulate any advertising which is mislead-
46 ing or inaccurate in any material particular or which misrepresents any of
47 the products or services sold or provided by a manufacturer, manufactured
48 home dealer, broker, salesman, manufactured home installer or service com-
49 pany;
50 (b) Violate any of the provisions of this chapter or any rule adopted by
51 the division of building safety pursuant to this chapter;
52 (c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen
53 manufactured or mobile home;
3
1 (d) With respect only to a manufactured home dealer or broker, to engage
2 in the business for which such dealer or broker is licensed without at all
3 times maintaining a principal place of business located within the state.
STATEMENT OF PURPOSE
RS 10700C3
The purpose of this legislation is to provide for the separate
licensing of manufactured/mobile home installers and manufactured/
mobile home service companies. This will bring the statute into
conformity with current practice. It will also remove the
licensing exemption previously given for concrete contractors.
FISCAL IMPACT
The proposed legislation will have no fiscal impact on general or
dedicated funds of the State of Idaho.
Contact: Jack Rayne, Division of Building Safety
Phone: 334-3896, ext. 319
STATEMENT OF PURPOSE/FISCAL NOTE S 113