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S1145.......................................by COMMERCE AND HUMAN RESOURCES
MANUFACTURED HOMES - Amends existing law to provide that the administrator
of the Division of Building Safety shall prescribe the form and content of
a new manufactured home buyer's information and disclosure form; to provide
that unless otherwise provided by the administrator, the form shall be
presented by manufactured home dealers to each purchaser of a new
manufactured home, and shall be executed by the dealer and purchaser at the
time the initial purchase order is signed for the sale of a new
manufactured home.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Ingram
Title apvd - to House
03/05 House intro - 1st rdg - to Bus
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Marley, McKague, Meyer(Duncan), Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Tippets, Watson, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Callister, Mader, Sellman, Trail, Wheeler,
Mr Speaker
Floor Sponsor - Smylie
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 171
Effective: 07/01/99
S1145|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1145 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MANUFACTURED HOMES; AMENDING SECTION 44-2102, IDAHO CODE, TO PRO- 3 VIDE THAT THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY SHALL PRE- 4 SCRIBE THE FORM AND CONTENT OF A NEW MANUFACTURED HOME BUYER'S INFORMATION 5 AND DISCLOSURE FORM AND TO PROVIDE THAT UNLESS OTHERWISE PROVIDED BY THE 6 ADMINISTRATOR, THE FORM SHALL BE PRESENTED BY MANUFACTURED HOME DEALERS TO 7 EACH PURCHASER OF A NEW MANUFACTURED HOME, AND SHALL BE EXECUTED BY THE 8 DEALER AND PURCHASER, AT THE TIME THE INITIAL PURCHASE ORDER IS SIGNED FOR 9 THE SALE OF A NEW MANUFACTURED HOME. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 44-2102, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 44-2102. ADMINISTRATION -- POWERS AND DUTIES. The administrator is 14 charged with the administration of the provisions of this chapter and shall: 15 (1) In accordance with the provisions of chapter 52, title 67, Idaho 16 Code, promulgate, adopt, amend, and repeal rules, not inconsistent with the 17 provisions of this chapter and the laws of the state of Idaho, as he shall 18 consider necessary, to provide for the licensing and bonding of manufactured 19 home dealers and brokers, manufacturers and service firms, the licensing of 20 manufactured home salesmen, and the establishment of a mandatory statewide 21 manufactured home "setup" code. The administrator shall also define and pro- 22 hibit any practice which is found to be deceptive. 23 (2) Prescribe the form and content of a new manufactured home 24 buyer's information and disclosure form. Unless otherwise provided by the 25 administrator, the form shall be presented by manufactured home dealers to 26 each purchaser of a new manufactured home, and shall be executed by the dealer 27 and purchaser at the time the initial purchase order is signed for the sale of 28 a new manufactured home. 29 (3) (a) A used unit which has been determined to be or 30 declared by the owner to be real property under the provisions of section 31 63-304, Idaho Code, may be offered for sale, listed, bought for resale, 32 negotiated for, either directly or indirectly, by a licensed real estate 33 broker or a real estate salesman representing a licensed broker, but not a 34 manufactured home dealer or manufactured home salesman. 35 (b) A used unit which has been determined to be and is carried on the tax 36 rolls as personal property may be offered for sale, listed, bought for 37 resale, negotiated for, either directly or indirectly, by a licensed real 38 estate broker or a real estate salesman, pursuant to chapter 20, title 54, 39 Idaho Code, or by a licensed manufactured home dealer, broker, or manufac- 40 tured home salesman, but with respect to a licensed manufactured home 41 dealer, broker or salesman only to the extent such sale does not involve 42 the purchase or sale of an interest in real estate. 43 (c) A licensed real estate broker or real estate salesman representing a 2 1 licensed broker pursuant to chapter 20, title 54, Idaho Code, may partic- 2 ipate in new manufactured home sales that include real estate if the real 3 estate broker or salesman has a valid, written agreement with a licensed 4 manufactured home dealer to represent the interests of the manufactured 5 home dealer in this type of transaction.
STATEMENT OF PURPOSE
RS08913
This bill will authorize the Administrator of the Division of
Building Safety to prescribe a disclosure form for manufactured home
buyer purchase transactions and requires that the form be presented
by manufactured home dealers to each purchaser of a new manufactured
home and executed by both parties prior to the sale of a new
manufactured home. The bill will help to implement a recommendation
of the Governor's Affordable Housing Advisory Task Force encouraging
full and accurate disclosure of costs associated with manufactured
housing.
FISCAL NOTE
The Division of Building Safety has indicted that the short term
fiscal impact is less than $500.00, and that the long term costs are
indeterminable.
CONTACT: Sen. Cecil Ingram 332-l000
Rep. Lee Gagner 332-l000
STATEMENT OF PURPOSE/ FISCAL NOTE
S1145