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H0714...............................................by REVENUE AND TAXATION
MANUFACTURED HOMES - DEALERS/SELLERS - Amends existing law to transfer
rulemaking authority from the administrator of the Division of Building
Safety to the Manufactured Home Advisory Board regarding rules which
provide for the licensing of manufactured home dealers, brokers, salesmen
and manufacturers and service firms.
03/03 House intro - 1st rdg - to printing
03/06 Rpt prt - to Bus
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 62-2-6
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Marley, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Alltus, McKague
Absent and excused -- Clark, Crow, Jaquet, Linford, Mader, Schaefer
Floor Sponsor - Chase
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Com/HuRes
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 30-2-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS--Hawkins, Whitworth
Absent and excused--Danielson, McLaughlin, Schroeder
Floor Sponsor - Davis
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/17 Governor signed
Session Law Chapter 439
Effective: 07/01/00
H0714
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 714
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO THE MANUFACTURED HOME ADVISORY BOARD; AMENDING SECTION 44-2102,
3 IDAHO CODE, TO REMOVE AUTHORITY OF THE ADMINISTRATOR OF THE DIVISION OF
4 BUILDING SAFETY TO PROMULGATE RULES WHICH PROVIDE FOR THE LICENSING AND
5 BONDING OF MANUFACTURED HOME DEALERS AND BROKERS, MANUFACTURERS AND SER-
6 VICE FIRMS, AND THE LICENSING OF MANUFACTURED HOME SALESMEN; AND AMENDING
7 SECTION 44-2104, IDAHO CODE, TO PROVIDE AUTHORITY TO THE MANUFACTURED HOME
8 ADVISORY BOARD TO PROMULGATE RULES TO IMPLEMENT PROVISIONS OF LAW RELATING
9 TO LICENSING OF MANUFACTURED HOME DEALERS, BROKERS, SALESMEN, MANUFAC-
10 TURERS AND SERVICE FIRMS AND TO MAKE TECHNICAL CORRECTIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 44-2102, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 44-2102. ADMINISTRATION -- POWERS AND DUTIES. The administrator is
15 charged with the administration of the provisions of this chapter and shall:
16 (1) In accordance with the provisions of chapter 52, title 67, Idaho
17 Code, promulgate, adopt, amend, and repeal rules, not inconsistent with the
18 provisions of this chapter and the laws of the state of Idaho, as he shall
19 consider necessary, to provide for the licensing and bonding of manufactured
20 home dealers and brokers, manufacturers and service firms, the licensing of
21 manufactured home salesmen, and for the establishment of a mandatory statewide
22 manufactured home "setup" code. The administrator shall also define and pro-
23 hibit any practice which is found to be deceptive.
24 (2) Prescribe the form and content of a new manufactured home buyer's
25 information and disclosure form. Unless otherwise provided by the administra-
26 tor, the form shall be presented by manufactured home dealers to each pur-
27 chaser of a new manufactured home, and shall be executed by the dealer and
28 purchaser at the time the initial purchase order is signed for the sale of a
29 new manufactured home.
30 (3) (a) A used unit which has been determined to be or declared by the
31 owner to be real property under the provisions of section 63-304, Idaho
32 Code, may be offered for sale, listed, bought for resale, negotiated for,
33 either directly or indirectly, by a licensed real estate broker or a real
34 estate salesman representing a licensed broker, but not a manufactured
35 home dealer or manufactured home salesman.
36 (b) A used unit which has been determined to be and is carried on the tax
37 rolls as personal property may be offered for sale, listed, bought for
38 resale, negotiated for, either directly or indirectly, by a licensed real
39 estate broker or a real estate salesman, pursuant to chapter 20, title 54,
40 Idaho Code, or by a licensed manufactured home dealer, broker, or manufac-
41 tured home salesman, but with respect to a licensed manufactured home
42 dealer, broker or salesman only to the extent such sale does not involve
43 the purchase or sale of an interest in real estate.
2
1 (c) A licensed real estate broker or real estate salesman representing a
2 licensed broker pursuant to chapter 20, title 54, Idaho Code, may partic-
3 ipate in new manufactured home sales that include real estate if the real
4 estate broker or salesman has a valid, written agreement with a licensed
5 manufactured home dealer to represent the interests of the manufactured
6 home dealer in this type of transaction.
7 SECTION 2. That Section 44-2104, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 44-2104. MANUFACTURED HOME ADVISORY BOARD. (1) A manufactured home advi-
10 sory board is established in the division of building safety to advise the
11 administrator in the administration and enforcement of the provisions of this
12 chapter. The board shall consist of five (5) members, appointed by the gover-
13 nor, four (4) of whom shall be from licensed manufactured home dealers and one
14 (1) of whom shall be a consumer who lives in a manufactured home. The board
15 shall serve the following terms commencing January 1, 1989: two (2) members
16 shall be appointed for a term of one (1) year, two (2) members shall be
17 appointed for a term of two (2) years, and one (1) member shall be appointed
18 for a term of three (3) years. The consumer member shall be a member appointed
19 to a term beginning on January 1, 1996, or as soon thereafter as there is a
20 vacancy on the board. Thereafter board members shall be appointed for a term
21 of three (3) years. Not more than three (3) members shall at any time belong
22 to the same political party. Whenever a vacancy occurs, the governor shall
23 appoint a qualified person to fill the vacancy for the unexpired portion of
24 the term. The members of the board shall be compensated as provided in section
25 59-509(f), Idaho Code, for each day spent in attendance at meetings of the
26 board. A majority of members shall constitute a quorum, and a quorum at any
27 meeting called by the administrator shall have full and complete power to act
28 upon and resolve in the name of the board any matter, thing or question
29 referred to it by the administrator, or which by reason of any provision of
30 this chapter, it has the power to determine.
31 (2) The board shall, on the first day of each January or as soon thereaf-
32 ter as practicable, elect a chairman, vice-chairman vice chairman and secre-
33 tary from among its members, and these officers shall hold office until their
34 successors are elected. As soon as the board has elected its officers, the
35 secretary shall certify the results of the election to the administrator. The
36 chairman shall preside at all meetings of the board and the secretary shall
37 make a record of the proceedings which shall be preserved in the offices of
38 the division of building safety. If the chairman is absent from any meeting of
39 the board, his duties shall be discharged by the vice-chairman vice chairman.
40 All members of the board present at a meeting shall be entitled to vote on any
41 question, matter, or thing which properly comes before it.
42 (3) The board shall have the authority to promulgate rules in accordance
43 with chapter 52, title 67, Idaho Code, to implement the provisions of this
44 chapter.
STATEMENT OF PURPOSE
RS10201
The purpose of this legislation is to give the Manufactured
Home Advisory Board authority to promulgate rules under Chapter
52, Title 67, Idaho Code.
FISCAL IMPACT
None
CONTACT: Rep. Lee Gagner
Phone: (208) 332-1000
STATEMENT OF PURPOSE/ FISCAL IMPACT H 71