2004 Legislation
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HOUSE BILL NO. 568 – Manufactured home installer license

HOUSE BILL NO. 568

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Bill Status



H0568...........................................................by BUSINESS
MANUFACTURED HOME INSTALLER LICENSE - Amends existing law to delete
reference to manufactured home broker in the manufactured home licensure
law and replace it with manufactured home installer; and to revise maximum
fees.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    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 - 60-5-5
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Gagner, Garrett, Henbest, Jaquet, Kellogg(Nonini), Lake,
      Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
      Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wills
      NAYS -- Barrett, Harwood, Kulczyk, McKague, Sali
      Absent and excused -- Deal, Field(23), Jones, Wood, Mr. Speaker
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Com/HuRes
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 25-4-6
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Geddes, Goedde, Hill, Ingram, Keough, Little,
      Lodge, Malepeai, McKenzie, McWilliams, Noble, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Sweet, Werk
      NAYS -- Burkett, Gannon, Kennedy, Marley
      Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
    Floor Sponsor - Goedde
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 313
         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. 568
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MANUFACTURED AND MOBILE HOMES; AMENDING THE  HEADING  FOR  CHAPTER
  3        21,  TITLE 44, IDAHO CODE; AMENDING SECTION 44-2101, IDAHO CODE, TO DELETE
  4        REFERENCE TO THE TERM MANUFACTURED HOME BROKER AND TO PROVIDE REFERENCE TO
  5        MANUFACTURED HOME INSTALLER; AMENDING SECTION  44-2101A,  IDAHO  CODE,  TO
  6        REVISE DEFINITIONS; AMENDING SECTION 44-2102, IDAHO CODE, TO DELETE REFER-
  7        ENCE  TO THE TERM BROKER; AMENDING SECTION 44-2103, IDAHO CODE, TO PROVIDE
  8        REFERENCE TO INSTALLERS AND RESPONSIBLE MANAGING EMPLOYEES, TO REVISE MAX-
  9        IMUM FEES, TO DELETE REFERENCE TO MANUFACTURED HOME  BROKER  AND  TO  MAKE
 10        TECHNICAL  CORRECTIONS;  AMENDING  SECTION  44-2106, IDAHO CODE, TO DELETE
 11        REFERENCE TO MANUFACTURED HOME BROKER AND TO PROVIDE APPLICATION TO  MANU-
 12        FACTURED  HOME  INSTALLER;  AND  AMENDING  SECTION 67-2601, IDAHO CODE, TO
 13        DELETE REFERENCE TO MANUFACTURED HOME BROKER AND TO PROVIDE  REFERENCE  TO
 14        MANUFACTURED HOME INSTALLER.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That the Heading for Chapter 21, Title 44, Idaho Code, be, and
 17    the same is hereby amended to read as follows:
                                                                        
 18                                      CHAPTER 21
 19               MANUFACTURED HOME DEALER AND BROKER INSTALLER LICENSING
                                                                        
 20        SECTION  2.  That  Section 44-2101, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        44-2101.  PURPOSE -- LICENSE REQUIRED. The legislature finds that the reg-
 23    ulation and control of those persons engaged in the business of manufacturing,
 24    selling, installing or servicing of manufactured homes is necessary to protect
 25    the health and safety of the citizens of Idaho.  To  that  end,  it  shall  be
 26    unlawful  for  any  person to engage in business as a manufacturer of manufac-
 27    tured homes, a manufactured home dealer, manufactured home  broker  installer,
 28    manufactured  home  service  company  or  a manufactured home salesman without
 29    being duly licensed as provided in this chapter.
                                                                        
 30        SECTION 3.  That Section 44-2101A, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        44-2101A.  DEFINITIONS. As used in this chapter:
 33        (1)  "Administrator"  means  the administrator of the division of building
 34    safety of the state of Idaho.
 35        (2)  "Manufactured home" means a structure as defined in section  39-4105,
 36    Idaho Code.
 37        (3)  "Manufactured  home  broker" means any person engaged in the business
 38    of selling or exchanging used  units  only,  or  who  buys,  sells,  lists  or
 39    exchanges three (3) or more used units in any one (1) calendar year, except as
                                                                        
                                           2
                                                                        
  1    otherwise provided in this chapter.
  2        (4)  "Manufactured  home  dealer" means any person engaged in the business
  3    of selling or exchanging new and used units, or  who  buys,  sells,  lists  or
  4    exchanges  three  (3) or more new and used units in any one (1) calendar year,
  5    except as otherwise provided in this chapter.
  6        (4)  "Manufactured home installer" means a  person  who  owns  a  business
  7    which  installs  a manufactured home or mobile home at the site where it is to
  8    be used for occupancy.  The term does not include the purchaser of a  manufac-
  9    tured  home or mobile home or a manufactured home dealer or mobile home dealer
 10    who does not install manufactured or mobile homes.  A dealer who does  install
 11    manufactured  homes  or  mobile homes is an installer.  The term also does not
 12    include concrete contractors or their employees.
 13        (5)  "Manufactured home salesman" means any person employed by a  manufac-
 14    tured  home  dealer  or broker for a salary, commission or compensation of any
 15    kind to sell, list, purchase or exchange or to negotiate for the  sale,  list-
 16    ing, purchase or exchange of units, except as otherwise provided in this chap-
 17    ter.
 18        (6)  "Manufactured  home  service  company"  includes  "manufactured  home
 19    installer" and means any person other than a manufactured home dealer or manu-
 20    factured  home  installer who provides service, setup, or both, repair or tear
 21    down of manufactured or mobile homes.
 22        (7)  "Manufacturer" means any person engaged in the business  of  manufac-
 23    turing  manufactured homes that are offered for sale, lease or exchange in the
 24    state of Idaho.
 25        (8)  "Mobile home" means a structure similar to a manufactured  home,  but
 26    built  to a state mobile home code which existed prior to the Federal Manufac-
 27    tured Housing and Safety Standards Act (HUD Code).
 28        (9)  "Person" means a natural  person,  corporation,  partnership,  trust,
 29    society, club, association, or other organization.
 30        (10) "Principal  place of business" means an enclosed structure accessible
 31    and open to the public, at which the business is lawfully conducted in  accor-
 32    dance  with  the terms of all applicable building codes, zoning and other land
 33    use regulatory ordinances, in  which  building  the  public  may  contact  the
 34    dealer,  broker  or  salesman, and at which place shall be kept and maintained
 35    the books, records and files necessary to conduct the business. There shall be
 36    displayed on the exterior a sign permanently affixed to the land  or  building
 37    with letters clearly visible to the major avenue of traffic.
 38        (11) "Responsible  managing  employee"  means the person designated by the
 39    employer to supervise other employees, either personally or through others.
 40        (12) "Unit" means a mobile or manufactured home.
                                                                        
 41        SECTION 4.  That Section 44-2102, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        44-2102.  ADMINISTRATION  --  POWERS  AND  DUTIES.  The  administrator  is
 44    charged with the administration of the provisions of this chapter and shall:
 45        (1)  In  accordance  with  the  provisions  of chapter 52, title 67, Idaho
 46    Code, promulgate, adopt, amend, and repeal rules for the  establishment  of  a
 47    mandatory  statewide  manufactured  home "setup" code. The administrator shall
 48    also define and prohibit any practice which is found to be deceptive.
 49        (2)  Prescribe the form and content of a  new  manufactured  home  buyer's
 50    information  and disclosure form. Unless otherwise provided by the administra-
 51    tor, the form shall be presented by manufactured home  dealers  to  each  pur-
 52    chaser  of  a  new  manufactured home, and shall be executed by the dealer and
 53    purchaser at the time the initial purchase order is signed for the sale  of  a
                                                                        
                                           3
                                                                        
  1    new manufactured home.
  2        (3)  (a) A  used  unit  which has been determined to be or declared by the
  3        owner to be real property under the provisions of  section  63-304,  Idaho
  4        Code,  may be offered for sale, listed, bought for resale, negotiated for,
  5        either directly or indirectly, by a licensed real estate broker or a  real
  6        estate  salesman  representing  a  licensed broker, but not a manufactured
  7        home dealer or manufactured home salesman.
  8        (b)  A used unit which has been determined to be and is carried on the tax
  9        rolls as personal property may be offered for  sale,  listed,  bought  for
 10        resale,  negotiated for, either directly or indirectly, by a licensed real
 11        estate broker or a real estate salesman, pursuant to chapter 20, title 54,
 12        Idaho Code, or by a licensed manufactured home dealer, broker, or manufac-
 13        tured home salesman, but with respect  to  a  licensed  manufactured  home
 14        dealer,  broker  or salesman only to the extent such sale does not involve
 15        the purchase or sale of an interest in real estate.
 16        (c)  A licensed real estate broker or real estate salesman representing  a
 17        licensed broker pursuant to chapter 20, title 54, Idaho Code, may  partic-
 18        ipate  in new manufactured home sales that include real estate if the real
 19        estate broker or salesman has a valid, written agreement with  a  licensed
 20        manufactured  home  dealer  to represent the interests of the manufactured
 21        home dealer in this type of transaction.
                                                                        
 22        SECTION 5.  That Section 44-2103, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        44-2103.  FEES -- DEPOSIT OF FEES. (1) Fees for licensing of dealers, bro-
 25    kers  installers,  manufacturers, salesmen, responsible managing employees and
 26    service companies shall not exceed:
 27        (a)  Manufactured home dealer's or broker's license ............. $2500.00
 28        (b)  Manufacturer's license ..................................... $2500.00
 29        (c)  Manufactured home service company/installer's license .... $125300.00
 30        (d)  Manufactured home salesman's license ....................... $ 250.00
 31        (e)  Responsible managing employees' license...................... $ 50.00
 32        (2)  All license fees collected by the division of building  safety  under
 33    the  provisions  of  this  chapter shall be paid into the manufactured housing
 34    account, which is hereby created in the dedicated fund. The expenses  incurred
 35    in  administering  and  enforcing the provisions of this chapter shall be paid
 36    from the account.
 37        (3)  The following performance bonding requirements shall  be  met  before
 38    the issuance of these licenses:
 39        (a)  Manufacturer ........................................... $20,000 bond
 40        (b)  Manufactured home dealer ............................... $20,000 bond
 41        (c)  Manufactured home broker ............................... $20,000 bond
 42        (d)  Manufactured home service company/installer ............ $ 5,000 bond
 43        (4)  The  administrator  is  authorized  to provide by rule, in accordance
 44    with the provisions of section 44-2102, Idaho Code, for the  acceptance  of  a
 45    money deposit in lieu of a bond in satisfaction of the bonding requirements of
 46    this section.
 47        (5)  Fees and bond requirements of this section shall be the exclusive fee
 48    and bond requirements for dealers, brokers installers, manufacturers, salesmen
 49    and  service  companies  governed by the provisions of this chapter, and shall
 50    supersede any program of any political subdivision of the state which sets fee
 51    or bond requirements for the same services.
                                                                        
 52        SECTION 6.  That Section 44-2106, Idaho Code, be, and the same  is  hereby
                                                                        
                                           4
                                                                        
  1    amended to read as follows:
                                                                        
  2        44-2106.  VIOLATIONS.  (1) It shall be unlawful to engage in business as a
  3    manufacturer, manufactured home dealer, manufactured  home  broker  installer,
  4    manufactured  home salesman or manufactured home service company without being
  5    duly licensed by the division of building safety pursuant to this chapter.
  6        (2)  It shall be unlawful for a manufacturer,  manufactured  home  dealer,
  7    manufactured home broker installer, manufactured home salesman or manufactured
  8    home service company to:
  9        (a)  Intentionally  publish or circulate any advertising which is mislead-
 10        ing or inaccurate in any material particular or which misrepresents any of
 11        the products or services sold or provided by a manufacturer,  manufactured
 12        home  dealer, broker manufactured home installer, salesman or service com-
 13        pany;
 14        (b)  Violate any of the provisions of this chapter or any rule adopted  by
 15        the division of building safety pursuant to this chapter;
 16        (c)  Knowingly  purchase, sell or otherwise acquire or dispose of a stolen
 17        manufactured or mobile home;
 18        (d)  With respect only to a manufactured home dealer, or broker, to engage
 19        in the business for which such dealer or broker is licensed without at all
 20        times maintaining a principal place of business located within the state.
                                                                        
 21        SECTION 7.  That Section 67-2601, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        67-2601.  DEPARTMENT  CREATED  --  ORGANIZATION  --  DIRECTOR -- BUREAU OF
 24    OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the  department  of
 25    self-governing agencies. The department shall, for the purposes of section 20,
 26    article  IV of the constitution of the state of Idaho, be an executive depart-
 27    ment of the state government.
 28        (2)  The department shall consist of the following:
 29        (a)  Agricultural commodity commissions: Idaho apple commission,  as  pro-
 30        vided  by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
 31        vided by chapter  29, title 22, Idaho Code; Idaho beef  council,  as  pro-
 32        vided  by  chapter  29,  title 25, Idaho Code; Idaho cherry commission, as
 33        provided by chapter 37, title 22, Idaho Code; Idaho dairy products commis-
 34        sion, as provided by chapter 31, title 25, Idaho Code; Idaho pea and  len-
 35        til  commission,  as  provided  by chapter 35, title 22, Idaho Code; Idaho
 36        potato commission, as provided by chapter 12, title 22, Idaho Code;  Idaho
 37        prune commission, as provided by chapter 30, title 22, Idaho Code; and the
 38        Idaho wheat commission, as provided by chapter 33, title 22, Idaho Code.
 39        (b)  Professional  and occupational licensing boards: Idaho state board of
 40        certified public accountancy, as provided by chapter 2,  title  54,  Idaho
 41        Code;  board  of  acupuncture,  as provided by chapter 47, title 54, Idaho
 42        Code; board of architectural examiners, as provided by  chapter  3,  title
 43        54,  Idaho  Code;  office  of  the state athletic director, as provided by
 44        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 45        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 46        bar, as provided by chapter 4, title 3, Idaho Code; board of  chiropractic
 47        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 48        cosmetology,  as  provided by chapter 8, title 54, Idaho Code; Idaho coun-
 49        selor licensing board, as provided by chapter 34, title  54,  Idaho  Code;
 50        state  board of dentistry, as provided by chapter 9, title 54, Idaho Code;
 51        state board of denturitry, as provided by  chapter  33,  title  54,  Idaho
 52        Code;  state  board  of  engineering examiners, as provided by chapter 12,
                                                                        
                                           5
                                                                        
  1        title 54, Idaho Code; state board for registration of professional  geolo-
  2        gists,  as  provided by chapter 28, title 54, Idaho Code; board of hearing
  3        aid dealers and fitters, as provided by chapter 29, title 54, Idaho  Code;
  4        Idaho  state  board  of  landscape  architects, as provided by chapter 30,
  5        title 54, Idaho Code; state board of medicine, as provided by chapter  18,
  6        title  54,  Idaho  Code,  and  its  associated physical therapist advisory
  7        board, as provided by chapter 22, title 54, Idaho  Code;  state  board  of
  8        morticians,  as  provided  by  chapter  11, title 54, Idaho Code; board of
  9        nurses, as provided by chapter 14, title 54, Idaho Code; board of  examin-
 10        ers  of  nursing home administrators, as provided by chapter 16, title 54,
 11        Idaho Code; state board of optometry, as provided by chapter 15, title 54,
 12        Idaho Code; Idaho outfitters and guides board, as provided by chapter  21,
 13        title  36, Idaho Code; board of pharmacy, as provided by chapter 17, title
 14        54, Idaho Code; state board of podiatry, as provided by chapter  6,  title
 15        54,  Idaho  Code; Idaho state board of psychologist examiners, as provided
 16        by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
 17        vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
 18        provided by chapter 41, title 54, Idaho Code; board of social work examin-
 19        ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
 20        nary medicine, as provided by chapter 21, title 54, Idaho  Code;  and  the
 21        board  of  examiners  of residential care facility administrators, as pro-
 22        vided by chapter 42, title 54, Idaho Code.
 23        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 24        (d)  The division of building safety, to be headed by a division  adminis-
 25        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 26        public works contractor licensing, and logging and industrial safety.  The
 27        division  administrator and bureau chiefs shall be nonclassified employees
 28        exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
 29        istrator of the division shall administer the provisions  of  chapter  40,
 30        title  39,  Idaho  Code,  relating  to manufactured homes and recreational
 31        vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
 32        chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
 33        broker installer licensing; chapter 10, title 54, Idaho Code, relating  to
 34        electrical  contractors  and journeymen; chapter 19, title 54, Idaho Code,
 35        relating to licensing of public works contractors;  chapter 26, title  54,
 36        Idaho  Code,  relating  to  plumbing  and plumbers; and shall perform such
 37        additional duties as are imposed upon him by law. The division administra-
 38        tor shall cooperate with the industrial commission and aid and assist  the
 39        commission  in  its  administration of sections 72-720, 72-721 and 72-723,
 40        Idaho Code, and at the request of the commission shall make inspection  of
 41        appliances, tools, equipment, machinery, practices or conditions, and make
 42        a written report to the commission. The administrator shall make recommen-
 43        dations  to  the commission to aid the commission in its administration of
 44        sections 72-720, 72-721 and 72-723, Idaho  Code,  provided  however,  that
 45        nothing herein shall be construed as transferring to the administrator any
 46        of the authority or powers now vested in the industrial commission.
 47        (e)  The division of veterans services to be headed by a division adminis-
 48        trator who shall be a nonclassified employee exempt from the provisions of
 49        chapter  53, title 67, Idaho Code. The administrator of the division shall
 50        administer the provisions of chapter 2, title 65, Idaho Code, and  chapter
 51        9,  title  66, Idaho Code, with the advice of the veterans affairs commis-
 52        sion established under chapter 2, title 65, Idaho Code, and shall  perform
 53        such additional duties as are imposed upon him by law.
 54        (3)  The  bureau  of  occupational  licenses  is hereby created within the
 55    department of self-governing agencies.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 13594C1
                                
This legislation amends the manufactured home dealer licensing
statute to raise the caps for licensing fees for all categories. 
It also deletes the classification for brokers and adds a
classification for installers.




                          FISCAL NOTE
No fiscal impact to the General Fund.
     








Contact:  Jack Lyman
          Idaho Manufactured Housing Association
          342.0031


STATEMENT OF PURPOSE/FISCAL NOTE                      H 568