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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
]]]] 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 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