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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