Text: SF02238                           Text: SF02240
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2239

Partial Bill History

• Bill Introduced: S.J. 342
• Committee Report Issued: S.J. 356
• Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 103A.3, subsection 8, Code 1999, is
  1  2 amended to read as follows:
  1  3    8.  "Factory-built structure" means any structure which is,
  1  4 wholly or in substantial part, made, fabricated, formed, or
  1  5 assembled in manufacturing facilities for installation or
  1  6 assembly and installation, on a building site.  "Factory-built
  1  7 structure" includes the term terms "mobile home" as defined in
  1  8 section 435.1, "manufactured home", and "modular home".
  1  9    Sec. 2.  Section 103A.3, Code l999, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  15A.  "Manufactured home", "mobile home",
  1 12 and "modular home" mean the same as defined in section 435.1.
  1 13    Sec. 3.  NEW SECTION.  103A.26  MANUFACTURED HOME
  1 14 INSTALLERS CERTIFICATION – VIOLATION – CIVIL ACTION AND
  1 15 PENALTY.
  1 16    1.  a.  A person who installs a manufactured home for
  1 17 another person shall be certified in accordance with rules
  1 18 adopted by the commissioner pursuant to chapter 17A.  The
  1 19 commissioner may assess a fee sufficient to recover the costs
  1 20 of administering the certification of manufactured home
  1 21 installers.  The commissioner may suspend or revoke the
  1 22 certification of a manufactured home installer for failure to
  1 23 perform installation of a manufactured home, pursuant to
  1 24 certification standards as provided by rules of the
  1 25 commissioner.
  1 26    b.  All fees collected by the commissioner from the
  1 27 certification of manufactured home installers shall be
  1 28 credited to the general fund of the state as provided in
  1 29 section 103A.23 and are appropriated to the commissioner for
  1 30 the purpose of administering this subsection.
  1 31    2.  If a provision of this chapter or a rule adopted
  1 32 pursuant to this chapter relating to the manufacture or
  1 33 installation of a manufactured home is violated, the
  1 34 commissioner may assess a civil penalty not to exceed one
  1 35 thousand dollars for each offense.  Each violation involving a
  2  1 separate manufactured home, or a separate failure or refusal
  2  2 to allow or perform an act required by this chapter, or a rule
  2  3 adopted pursuant to this chapter constitutes a separate
  2  4 offense.  However, the maximum amount of civil penalties which
  2  5 may be assessed for any series of violations occurring within
  2  6 one year from the date of the first violation shall not exceed
  2  7 one million dollars.
  2  8    3.  A person who is injured in person or property by
  2  9 another person violating the standards adopted pursuant to
  2 10 this chapter for the installation of a manufactured home may
  2 11 bring a civil action for damages against the violator.  
  2 12                           EXPLANATION
  2 13    This bill modifies the definition of a factory-built
  2 14 structure to specifically include a mobile home, manufactured
  2 15 home, or a modular home as those terms are defined in Code
  2 16 section 435.1 and provides for the certification of
  2 17 manufactured home installers pursuant to rules adopted by the
  2 18 state building code commissioner.  The amendment to the
  2 19 definition adds modular homes to current law governing
  2 20 factory-built structures.  A person who installs manufactured
  2 21 homes shall be certified by the state building code
  2 22 commissioner.  The commissioner may establish a fee for
  2 23 certification of the installers.  All fees collected are
  2 24 credited to the general fund of the state and appropriated to
  2 25 the commissioner to pay the costs of administering the
  2 26 certification process.
  2 27    The bill also establishes a civil penalty, not exceeding
  2 28 $1,000 per violation, which may be assessed by the state
  2 29 building code commissioner against a person who violates a
  2 30 manufacturing or installation standard or fails to allow or
  2 31 perform an act required by Code chapter 103A or rules of the
  2 32 commissioner.  Each violation involving a separate
  2 33 manufactured home or a separate failure or refusal to allow or
  2 34 perform an act required by Code chapter 103A constitutes a
  2 35 separate offense.  The maximum civil penalties for a series of
  3  1 violations occurring within one year from the date of the
  3  2 first violation shall not exceed $1,000,000.
  3  3    The bill also authorizes a separate civil action by any
  3  4 person who is injured in person or property by a person
  3  5 violating the standard and requirement for the installation of
  3  6 manufactured homes.  
  3  7 LSB 5098SV 78
  3  8 tj/cf/24
     

Text: SF02238                           Text: SF02240
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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