SCS/SB 1096 - This act establishes the Manufactured Home Installation Act. A new type of professional (the manufactured home installer) will be licensed by the Public Service Commission. The act requires the Public Service Commission to implement a program consistent with the American Homeownership and Economic Opportunity Act of 2000 (federal law). Under that federal act, states which do not h ave their own programs in place by December 27, 2005, the federal law will be enforced by the Department of Housing and Urban Development.

A manufactured home installer shall not engage in that business without obtaining a license from the Public Service Commission. Cities and counties shall require any additional license. Dealers or manufacturers who perform their own installation must have one licensed installer. Persons installing a manufactured home on his or her own property for their own occupancy do not need to obtain a license.

The act delineates the requirements for obtaining a license. The applicant must complete a training program approved by the commission and must obtain a passing grade on an examination which will ascertain whether the applicant has adequate skills and knowledge pertaining the home installation profession. The applicant must also pay all applicable fees. The applicant must also show proof of a certificate of insurance for workers' compensation insurance and show proof of general liability insurance in an amount of $300,000.

The act allows the commission to waive the training and examination requirements for home installers who have licenses from other states with similar licensing requirements.

The act allows the commission to issue a limited use installer license to a person who has not met the training and examination requirements of the act. The limited licensee may install homes under licensed supervision and must pass the required examination before attaining a full license.

The act provides for the renewal of an installer license. The commission may suspend a person's license for failure to carry the required workers' compensation coverage or general liability insurance coverage. The commission may also grant inactive status to a licensee.

The act provides penalties for fraudulently obtaining a license, committing a crime relating to the home installation profession, violating orders of the commission, or violating installation standards provided by the act. A person who violates these provisions may have their license revoked or suspended. Decisions to revoke or suspend a home installer's license are subject to judicial review.

The act allows the commission to investigate complaints against home installers and allows the commission to seek a restraining order or writ of mandamus in the name of the state against persons who is violating any provisions of this act or order of the commission.

Under the act, the commission must require installers to install homes in accordance with the installation instructions approved by the United States Department of Housing and Urban Development and provided by the manufacturer of the manufactured home. The commission shall adopt standards for the proper installation of manufactured homes. Licensed installers shall purchase installation stickers from the commission and shall affix such sticker to the manufactured home upon completion of the installation. The commission shall inspect a percentage of installed manufactured homes consistent with federal requirements.

The act requires the commission to implement a process to address installation-related disputes among manufacturers, dealers and licensed installers. The commission may implement the provisions of this act using its own employees, independent contractors, or though other private or public entities. All fees collected pursuant to this act shall be deposited in the Manufactured Housing Fund.
STEPHEN WITTE