2004 Legislation
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HOUSE BILL NO. 526 – Manufactured home, dispute resolutn

HOUSE BILL NO. 526

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Bill Status



H0526...........................................................by BUSINESS
MANUFACTURED HOMES - Amends existing law relating to manufactured homes to
authorize the administrator of the Division of Building Safety to
promulgate rules to establish a dispute resolution program.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Bus
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 63-1-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Kellogg(Nonini), Kulczyk, Lake, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills
      NAYS -- Langford
      Absent and excused -- Crow, Deal, Field(23), Jones, Wood, Mr. Speaker
    Floor Sponsor - Meyer
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Werk
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 243
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 526
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MANUFACTURED HOME DEALER AND BROKER  LICENSING;  AMENDING  SECTION
  3        44-2102,  IDAHO  CODE,  TO  AUTHORIZE THE ADMINISTRATOR OF THE DIVISION OF
  4        BUILDING SAFETY TO PROMULGATE RULES TO ESTABLISH A DISPUTE RESOLUTION PRO-
  5        GRAM IN COMPLIANCE WITH THE FEDERAL MANUFACTURED HOUSING  IMPROVEMENT  ACT
  6        OF 2000.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 44-2102, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        44-2102.  ADMINISTRATION  --  POWERS  AND  DUTIES.  The  administrator  is
 11    charged with the administration of the provisions of this chapter and shall:
 12        (1)  In accordance with the provisions of  chapter  52,  title  67,  Idaho
 13    Code,  promulgate,  adopt,  amend, and repeal rules for the establishment of a
 14    mandatory statewide manufactured home "setup" code.  The  administrator  shall
 15    also define and prohibit any practice which is found to be deceptive.
 16        (2)  Prescribe  the  form  and  content of a new manufactured home buyer's
 17    information and disclosure form. Unless otherwise provided by the  administra-
 18    tor,  the  form  shall  be presented by manufactured home dealers to each pur-
 19    chaser of a new manufactured home, and shall be executed  by  the  dealer  and
 20    purchaser  at  the time the initial purchase order is signed for the sale of a
 21    new manufactured home.
 22        (3)  (a) A used unit which has been determined to be or  declared  by  the
 23        owner  to  be  real property under the provisions of section 63-304, Idaho
 24        Code, may be offered for sale, listed, bought for resale, negotiated  for,
 25        either  directly or indirectly, by a licensed real estate broker or a real
 26        estate salesman representing a licensed broker,  but  not  a  manufactured
 27        home dealer or manufactured home salesman.
 28        (b)  A used unit which has been determined to be and is carried on the tax
 29        rolls  as  personal  property  may be offered for sale, listed, bought for
 30        resale, negotiated for, either directly or indirectly, by a licensed  real
 31        estate broker or a real estate salesman, pursuant to chapter 20, title 54,
 32        Idaho Code, or by a licensed manufactured home dealer, broker, or manufac-
 33        tured  home  salesman,  but  with  respect to a licensed manufactured home
 34        dealer, broker or salesman only to the extent such sale does  not  involve
 35        the purchase or sale of an interest in real estate.
 36        (c)  A  licensed real estate broker or real estate salesman representing a
 37        licensed broker pursuant to chapter 20, title 54, Idaho Code, may  partic-
 38        ipate in new manufactured home sales that include real estate if the  real
 39        estate  broker  or salesman has a valid, written agreement with a licensed
 40        manufactured home dealer to represent the interests  of  the  manufactured
 41        home dealer in this type of transaction.
 42        (4)  Promulgate  rules establishing a program for the timely resolution of
 43    disputes between  manufacturers,  retailers  and  installers  of  manufactured
                                                                        
                                           2
                                                                        
  1    homes.  The  rules  shall  be  consistent with the United States department of
  2    housing and urban development's procedural and  enforcement  authority  in  42
  3    U.S.C. 5422(c)(12), and shall include identifying the respective responsibili-
  4    ties of manufacturers, retailers and installers; providing for the issuance of
  5    appropriate  orders  for  the  correction or repair of defects in manufactured
  6    homes that are reported during the one (1) year period following the  date  of
  7    installation; and may include an appropriate schedule of fees.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13518
The proposed legislation will establish a program, mandated by
federal law, for the timely resolution of disputes between
manufacturers, retailers and installers regarding responsibility
for correction and repair of defects in manufactured homes.






                         FISCAL  IMPACT
There will be no fiscal impact on either the General Fund or local
governments.  

There may be some fiscal impact upon the dedicated manufactured
housing fund for hearing costs should a hearing be required.



CONTACT   
Name:     Dave Munroe, Administrator
Agency:   Division of Building Safety
Phone:    (208) 332-7100

Statement of Purpose/Fiscal Impact                  H 526