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
|||| 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.
|||| 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".
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT 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