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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 - 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
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