COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2515
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 33-1476.02, Arizona Revised Statutes, is amended to read:
33-1476.02. Mobile home relocation fund; investment of monies
A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33‑1476.01, 33‑1476.03, 33‑2149 and 33‑2151 and any surcharge collected pursuant to section 33‑1437. The director shall administer the fund.
B. Fund monies shall be used as prescribed in sections 33‑1476.04 and 41‑4008 and to pay premiums and other costs of purchasing, from a private insurer who is licensed to transact insurance business in this state, insurance coverage for tenant relocation costs due to a change in use as prescribed in sections 33‑1476.01 and 33‑2149. Any insurance rebates shall be deposited in the fund. If such insurance is not available, or if the insurance costs exceed the amount available from the fund, the fund shall be used to make direct payments for tenant relocation costs. Monies in the fund in excess of the amount required for these purposes shall be used, as necessary, to support the Arizona department of housing's administration of the hearing function pursuant to section 41‑4062 and the Arizona department of housing's administration of section 33‑1437, subsection C.
C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. Any unexpended and unencumbered monies remaining in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund, separately accounted for, as a contingency reserve.
D. The director may adopt, amend or repeal rules pursuant to title 41, chapter 6 for the administration of the fund. Fund monies shall be paid to the Arizona department of housing to offset the costs of administering the fund, including the direct and indirect costs of processing applications for reimbursement submitted under section 41‑4008 and administering the direct and indirect costs of section 33‑1437, subsection C. The attorney general shall review the costs charged to the fund.
Sec. 2. Section 41-4006, Arizona Revised Statutes, is amended to read:
41-4006. Preemption of local building codes; responsibility for maintenance of utility connections; mobile home violations
A. No A building code or local enforcement agency or its adopted building codes may not require, as a condition of entry into or sale in any county or municipality, that any unit that has been certified pursuant to this chapter be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit that is inspected pursuant to this article.
B. Except where a local enforcement agency participates in the office permit and certificate issuance program for the installation of manufactured homes, mobile homes, factory‑built buildings and accessory structures and inspection of such installations, no A local enforcement agency shall may not subject any unit installed to any local inspections or charge a fee for any services provided pursuant to this article.
C. A local enforcement agency in any county or municipality shall recognize the minimum standards of the act as equal to any nationally accepted or locally adopted building code standard.
D. Nothing in Subsection A, B or C of this section shall does not prevent the application of local codes and ordinances governing zoning requirements, fire zones, building setback, maximum area and fire separation requirements, site development and property line requirements and requirements for on‑site utility terminals for factory‑built buildings, manufactured homes and mobile homes.
E. Notwithstanding any other provision of this section, the owner of a manufactured home or mobile home located in a park subject to title 33, chapter 11 is responsible for the maintenance of utility connections from any outlets furnished by the landlord pursuant to section 33‑1434 to the unit, except that the landlord is responsible for the maintenance of connections for any distance greater than twenty‑five feet to the point at which the utility connections are the property of the providing utility company if the outlet is located outside the lot line of the owner's unit and is more than twenty‑five feet from the unit. A local enforcement agency that determines that local code requirements are not being met or that maintenance or safety activities are needed for utility connections may not require anyone except the responsible party to perform or pay for such activities.
F. A building code enforcement agency or other local enforcement agency may not cite or otherwise REQUIRE a mobile home park owner to correct any violation relating to a mobile home as defined in section 33‑1409 that is located in a mobile home park as defined in section 33‑1409 unless the mobile home park owner is also the owner of record of the mobile home. Any citation for a violation or other similar action may be issued only to the owner of record of the mobile home as shown in the records of the DEPARTMENT of TRANSPORTATION."
Amend title to conform