2003 Legislation
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HOUSE BILL NO. 177 – Mobile/manuf home parks, subdivisn

HOUSE BILL NO. 177

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Daily Data Tracking History



H0177aaS...........................................................by BUSINESS
MOBILE HOMES/MANUFACTURED HOMES - Adds to existing law to provide procedures
for approval of a subdivision of manufactured home parks or mobile home parks
by local units of government.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 61-4-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Robison,
      Sali, Schaefer(Schaefer), Shepherd, Shirley, Smith(30), Smith(24),
      Smylie, Snodgrass, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Ringo, Rydalch, Sayler, Skippen
      Absent and excused -- Campbell, Lake, Mitchell, Naccarato, Stevenson
    Floor Sponsor - Tilman
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Com/HuRes
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/17    Ref'd to Loc Gov
03/21    Rpt out - to 14th Ord
03/26    Rpt out amen - to 1st rdg as amen
03/27    1st rdg - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
03/31    3rd rdg as amen - FAILED - 15-19-1
      AYES -- Andreason, Brandt, Bunderson, Calabretta, Cameron, Davis,
      Ingram, Kennedy, Keough, Marley, McKenzie, Noble, Pearce, Schroeder,
      Sweet
      NAYS -- Bailey, Burkett(Roberts), Burtenshaw, Compton, Darrington,
      Gannon, Geddes, Goedde, Hill, Little, Lodge, Malepeai, Noh, Richardson,
      Sorensen, Stegner, Stennett, Werk, Williams
      Absent and excused -- McWilliams
    Floor Sponsors - Ingram & Noble
    Filed w/Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 177
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MANUFACTURED HOMES; AMENDING TITLE 55, IDAHO CODE, BY THE ADDITION
  3        OF A NEW CHAPTER 30, TITLE 55, IDAHO CODE, TO PROVIDE  POLICY,  TO  DEFINE
  4        TERMS, TO PROVIDE FOR APPROVAL OF SUBDIVISION OF MANUFACTURED HOME PARK OR
  5        MOBILE HOME PARK AND TO PROVIDE FOR SALE OF SUBDIVISION LOTS IN A MANUFAC-
  6        TURED HOME PARK OR MOBILE HOME PARK TO TENANTS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That Title 55, Idaho Code, be, and the same is hereby amended
  9    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 10    ter 30, Title 55, Idaho Code, and to read as follows:
                                                                        
 11                                      CHAPTER 30
 12              SUBDIVISION IN MANUFACTURED HOME PARK OR MOBILE HOME PARK
                                                                        
 13        55-3001.  POLICY. The legislature finds:
 14        (1)  There  is  a  need  to  create a mechanism for owners of manufactured
 15    homes in existing manufactured home parks and mobile  homes  in   mobile  home
 16    parks to acquire individual ownership interest in the lots on which the dwell-
 17    ing is located;
 18        (2)  The creation of an individual ownership interest should not impose an
 19    undue financial burden on the owner of a park; and
 20        (3)  The  public interest is furthered by regulating the promotion, subdi-
 21    vision, and sale of individual ownership interests in the lots in  a  park  to
 22    ensure  that  local jurisdictions do not place unreasonable constraints on the
 23    conversion of an existing park into a subdivision.
                                                                        
 24        55-3002.  DEFINITIONS. As used in this chapter:
 25        (1)  "Homeowner's association" means an association as defined in  section
 26    45-810(6), Idaho Code.
 27        (2)  "Lot" means a single unit of land that is created by a subdivision of
 28    land.
 29        (3)  "Manufactured   home"   means  a  structure  as  defined  in  section
 30    39-4105(10), Idaho Code.
 31        (4)  "Manufactured home park" means any real property which is  rented  or
 32    held out for rent to others for the placement of five (5) or more manufactured
 33    homes for the primary purpose of production of income.
 34        (5)  "Mobile  home"  means a structure similar to a manufactured home, but
 35    built to a mobile home code prior to June 15, 1976, the date of  enactment  of
 36    the federal manufactured housing and safety standards act (HUD Code).
 37        (6)  "Mobile  home park" means   any real property which is rented or held
 38    out for rent to others for the placement of five (5) or more mobile homes  for
 39    the primary purpose of  production of income.
 40        (7)  "Owner"  means the person having legal title to the manufactured home
 41    park or mobile home park.
                                                                        
                                           2
                                                                        
  1        (8)  "Person" means a natural  person,  partnership,  limited  partnership
  2    (domestic  or foreign), trust, estate, association, corporation or other legal
  3    entity.
  4        (9)  "Tenant" means any person except a transient, who rents  space  in  a
  5    manufactured home park or a mobile home park.
                                                                        
  6        55-3003.  SUBDIVISION  OF MANUFACTURED HOME PARK OR MOBILE HOME PARK. Not-
  7    withstanding the standards and procedures  established  under  ordinances  and
  8    regulations  adopted  by  the governing body of a city or county under chapter
  9    65, title 67, Idaho Code, when application for approval of the subdivision  of
 10    a  manufactured  home park or a mobile home park is made under this section to
 11    the governing body of a city or county, the governing  body  of  the  city  or
 12    county shall approve:
 13        (1)  A tentative plan upon receipt and verification of evidence that:
 14        (a)  The  park  is in compliance with the governing body's standards for a
 15        manufactured home park or a mobile home park; and
 16        (b)  The tentative plan does not increase the number of lots approved  for
 17        the  park, change the boundary lines or setback requirements or make other
 18        development changes; and
 19        (c)  The park has no current written notices of violation of public health
 20        or environmental laws; and
 21        (d)  The owner has created a homeowner's association responsible for main-
 22        tenance and operation of privately owned common areas, facilities and sys-
 23        tems including, but not limited  to,  water  service,  sewer  service  and
 24        roads; and
 25        (e)  The  park  was  in existence on January 1, 2003, or, for parks not in
 26        existence on January 1, 2003, has been in existence for  three  (3)  years
 27        prior to the date of application for subdivision.
 28        (2)  A  plat in compliance with the applicable requirements of chapter 13,
 29    title 50, Idaho Code.
 30        (3)  Nothing authorized by this chapter shall obligate any unit  of  local
 31    government to assume responsibility for operation or maintenance of any facil-
 32    ity  or system currently in private ownership nor shall any subdivision estab-
 33    lished pursuant hereto serve as a legal basis for further subdivision develop-
 34    ment except in compliance with applicable ordinances or other  legal  require-
 35    ments.
 36        (4)  A subdivision created under this chapter may not be subject to system
 37    development  charges or similar charges that are based on approval of the sub-
 38    division.  The governing body may charge a fee to recover  the  actual  direct
 39    costs  incurred  in  the review and approval of an application for subdivision
 40    under this section.
                                                                        
 41        55-3004.  SALE OF SUBDIVISION LOTS IN MANUFACTURED  HOME  PARK  OR  MOBILE
 42    HOME  PARK  -- OFFER TO SELL LOT TO TENANT -- IMPROVEMENT OR REHABILITATION OF
 43    PARK PROPOSED FOR SUBDIVISION. (1) Notwithstanding the provisions  of  section
 44    50-1316,  Idaho Code, prior to the approval of a tentative plan, the owner may
 45    negotiate to sell a lot in a manufactured home park or a mobile home park  for
 46    which approval is required under this section.
 47        (2)  Prior  to  the sale of a lot in a park, the owner shall offer to sell
 48    the lot to the tenant who occupies the lot.  The  offer  required  under  this
 49    subsection:
 50        (a)  Terminates  ninety (90) days after receipt of the offer by the tenant
 51        or upon written rejection of the offer, whichever occurs first; and
 52        (b)  Does not constitute a notice of termination of the tenancy.
 53        (3)  The owner may not sell the lot to a person other than the tenant  for
                                                                        
                                           3
                                                                        
  1    ninety  (90) days after termination of the offer required under subsection (2)
  2    of this section at a price or on terms that are more  favorable  to  the  pur-
  3    chaser than the price or terms that were offered to the tenant.
  4        (4)  After  the  park has been submitted for subdivision under chapter 13,
  5    title 50, Idaho Code, and until a lot is offered for sale in  accordance  with
  6    subsection  (2)  of this section, the owner shall notify a prospective tenant,
  7    in writing, prior to the commencement of the tenancy, that the park  has  been
  8    submitted  for subdivision and that the tenant is entitled to receive an offer
  9    to purchase the lot under subsection (2) of this section.
 10        (5)  After the park has been submitted for subdivision under  chapter  13,
 11    title  50,  Idaho  Code, the owner may begin improvements or rehabilitation to
 12    the common property.
 13        (6)  Nothing in this section prevents the owner from terminating a tenancy
 14    in the park in compliance with section  55-2010,  Idaho  Code.   However,  the
 15    owner  shall make the offer required under subsection (2) of this section to a
 16    tenant whose tenancy is terminated after approval of the tentative plan unless
 17    the termination is taken for cause pursuant to subsection (1)(a) or (1)(b)  of
 18    section 55-2010, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Ingram              
                                                                        
                                                     Seconded by Noble               
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 177
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 12, delete "OR MOBILE  HOME  PARK";
  3    delete  lines  15 and 16 and insert: "homes and mobile homes in existing manu-
  4    factured home parks to acquire individual ownership interest in  the  lots  on
  5    which the dwell-"; delete lines 31 through 41 and insert:
  6        "(4)  "Manufactured  home park" means any real property which is rented or
  7    held out for rent to others for the placement of five (5) or more manufactured
  8    homes or mobile homes for the primary purpose of production of income  and  in
  9    which  at  least  two-thirds (2/3) of the total housing units are manufactured
 10    homes.
 11        (5)  "Mobile home" means a structure similar to a manufactured  home,  but
 12    built to mobile home code prior to June 15, 1976, the date of enactment of the
 13    federal manufactured housing and safety standards act (HUD Code).
 14        (6)  "Owner"  means the person having legal title to the manufactured home
 15    park.".
 16        On page 2, in line 1, delete "(8)" and insert: "(7)"; in  line  4,  delete
 17    "(9)"  and insert: "(8)"; delete line 5 and insert: "manufactured home park.";
 18    in line 6, delete "OR MOBILE HOME PARK"; in line 10, delete "or a mobile  home
 19    park"; delete lines 14 and 15 and insert:
 20        "(a)  The  park  has  previously  been reviewed under the governing body's
 21        land use planning ordinance, is in conformance with the  governing  body's
 22        zoning  regulations  and  is in compliance with the governing body's stan-
 23        dards for a manufactured home park; and";
 24    delete lines 19 and 20 and insert:
 25        "(c)  The local public health district has  certified  that  any  drinking
 26        water  and  sewer systems servicing the park meet applicable standards and
 27        the park has no current written notices of violation of public  health  or
 28        environmental laws; and";
 29    in  line  41,  delete "OR MOBILE"; in line 42, delete "HOME PARK"; and in line
 30    45, delete "or a mobile home park".
                                                                        
 31                                 CORRECTION TO TITLE
 32        On page 1, in line 4, delete "OR"; in line 5, delete "MOBILE  HOME  PARK";
 33    and in line 6, delete "OR MOBILE HOME PARK".

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                                
                          RS 12491 C2
                                   
    
      This legislation would allow an existing manufactured
    housing park to be subdivided into individual lots.  That
    process of subdividing would not be subject to contemporary
    standards and restrictions for subdivisions but could not
    increase the number of lots or change the boundary lines
    approved for the park.  
      
      The bill requires the creation of a homeowner's association
    to operate and maintain privately owned facilities and
    systems like water, sewer and roads.
      
    
    
                           FISCAL NOTE
                                   
      There is no fiscal impact to the general fund.  There is no
    impact to local jurisdictions because the bill allows local
    jurisdictions to recover the costs incurred to review and
    approve a subdivision application.  
      
    
    
    
    CONTACT:  Jack Lyman
    Idaho Manufacturing Housing Association
    342.0031
    
    
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE             H 177AAS