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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN 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 ANDBROKERINSTALLER 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 homebrokerinstaller, 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 business38of selling or exchanging used units only, or who buys, sells, lists or39exchanges three (3) or more used units in any one (1) calendar year, except as2 1otherwise 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 home19installer" andmeans 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, brokeror 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, brokeror 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-25kersinstallers, manufacturers, salesmen, responsible managing employees and 26 service companies shall not exceed: 27 (a) Manufactured home dealer'sor broker'slicense ............. $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 bond42(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,brokersinstallers, 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 homebrokerinstaller, 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 homebrokerinstaller, 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,brokermanufactured 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 dealeror brokeris 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 33brokerinstaller 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 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