View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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