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S1393aa.....................................by COMMERCE AND HUMAN RESOURCES
REAL PROPERTY - PSYCHOLOGICALLY IMPACTED - Adds to existing law to provide
for psychologically impacted real property, to provide that no cause of
action shall arise against an owner or owner's representative for failure
to disclose to a transferee of the property that the property was
psychologically impacted and to provide for voluntary disclosure of such
information by the owner upon a purchaser's request.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Com/HuRes
02/20 Rpt out - to 14th Ord
Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 27-6-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Frasure, Geddes, Ingram, Ipsen,
Keough, King, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy,
Schroeder, Sweeney, Thorne, Wheeler, Whitworth
NAYS--Dunklin, Hansen, Hawkins, Noh, Parry, Stennett
Absent and excused--Sorensen, Twiggs
Floor Sponsors - McLaughlin, Frasure
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Res/Con
03/06 Rpt out - to Bus
03/18 Rpt out - rec d/p - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - PASSED - 66-2-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Black(23), Stoicheff
Absent and excused -- Ellsworth, Stone
Floor Sponsor - Taylor
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 335
Effective: 07/01/98
S1393|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1393, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO PSYCHOLOGICALLY IMPACTED REAL PROPERTY; AMENDING TITLE 55, IDAHO 3 CODE, BY THE ADDITION OF A NEW CHAPTER 27, TITLE 55, IDAHO CODE, TO DEFINE 4 PSYCHOLOGICALLY IMPACTED, TO PROVIDE THAT NO CAUSE OF ACTION SHALL ARISE 5 AGAINST AN OWNER OR OWNER'S REPRESENTATIVE FOR A FAILURE TO DISCLOSE TO A 6 TRANSFEREE OF THE PROPERTY THAT THE PROPERTY WAS PSYCHOLOGICALLY IMPACTED, 7 AND TO PROVIDE FOR VOLUNTARY DISCLOSURE OF SUCH INFORMATION BY THE OWNER 8 UPON A PURCHASER'S REQUEST. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Title 55, Idaho Code, be, and the same is hereby amended 11 by the addition thereto of a NEW CHAPTER , to be known and desig- 12 nated as Chapter 27, Title 55, Idaho Code, and to read as follows: 13 CHAPTER 27 14 PSYCHOLOGICALLY IMPACTED REAL PROPERTY 15 55-2701. PSYCHOLOGICALLY IMPACTED DEFINED. As used in this chapter, 16 "psychologically impacted" means the effect of certain circumstances surround- 17 ing real property which include, but are not limited to, the fact or suspicion 18 that real property might be or is impacted as a result of facts or suspicions 19 including, but not limited to the following: 20 (1) That an occupant or prior occupant of the real property is or was at 21 any time suspected of being infected or has been infected with a disease which 22 has been determined by medical evidence to be highly unlikely to be trans- 23 mitted through the occupancy of a dwelling place; or 24 (2) That the real property was at any time suspected of being the site of 25 suicide, homicide or the commission of a felony which had no effect on the 26 physical condition of the property or its environment or the structures 27 located thereon; or 28 (3) That a registered or suspected sex offender occupied or resides near 29 the property. 30 55-2702. NO CAUSE OF ACTION. No cause of action shall arise against an 31 owner of real property or a representative of the owner for a failure to dis- 32 close to the transferee of the real property or a representative of the trans- 33 feree that the real property was psychologically impacted. 34 55-2703. REQUEST FOR DISCLOSURE. In the event that a purchaser who is in 35 the process of making a bona fide offer advises the owner's representative in 36 writing that knowledge of whether the property may be psychologically impacted 37 is an important factor in the purchaser's decision to purchase the property, 38 the owner's representative shall make inquiry of the owner and, with the con- 39 sent of the owner and subject to and consistent with the applicable laws of 40 privacy, shall report any findings to the purchaser. If the owner refuses dis- 2 1 closure, the owner's representative shall advise the purchaser or the 2 purchaser's representative that the information will not be disclosed.
STATEMENT OF PURPOSE
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RS07668
PSYCHOLOGICALLY IMPACTED REAL PROPERTY
The purpose of the legislation is to provide a distinction in
Idaho Code between material and non-material factors which may
impact the value or price of real property. A psychological
impact may arise from any of the following factors: 1) The
previous owner of real property was infected with a disease
which has been determined by medical evidence to be highly
unlikely to be transmitted through the occupancy of a dwelling
place; 2) The property was the site of a murder, suicide or
other felony which had no effect on the physical condition of
the property; 3) That a registered or suspected sex offender
occupies a residence near the property.
The legislation clarifies that no cause of action shall arise
against owners or a representative of the owner of
psychologically impacted property based on the disclosure or
non-disclosure of non-material facts.
The legislation also provides a procedure for inquiries of
potential psychological impacts by the purchaser while
retaining the owner's right of refusal to disclose such
information.
FISCAL NOTE
There is no fiscal impact to the state of local government
budgets.
CONTACT
Mark Dunham, Idaho Association of REALTORS 342-3585
Alex LaBeau, Idaho Association of REALTORS 342-3585
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No S 1393
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