Assigned to COM                                                                                                                                                                                                                                       FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

FACT SHEET FOR h.b. 2165

 

housing department; licensure; fingerprinting; penalties

Purpose

Requires an applicant for licensure to manufacture, install or sell manufactured homes, mobile homes or factory-built buildings to submit a valid fingerprint clearance card, rather than submit to a fingerprint-based background analysis. Modifies the civil penalty relating to a violation of regulations relating to manufactured homes, mobile homes and factory-built buildings.

Background

The Arizona Department of Housing (ADOH) is responsible for maintaining standards of quality and safety for manufactured and mobile homes as designated by the U.S. Department of Housing and Urban Development (U.S. HUD) (A.R.S.   41-3953).

ADOH must establish qualifications and requirements for issuing a manufacturer, dealer, broker, salesperson and installer license relating to manufactured homes, mobile homes and factory-built buildings. Before issuance of any license, an applicant must be of good character and reputation and submit to a fingerprint-based background analysis. Lack of good character and reputation may be established by showing that such a person has committed any act that, if committed by any licensee, would be ground for suspension or revocation of such license (A.R.S.   41-4025). A person who violates statutes, rules, regulations or standards relating to manufactured homes, mobile homes and factory-built buildings is subject to a civil penalty of up to $1,000 (A.R.S.   41-4046).

                      Statute requires a fingerprint clearance card issued by the Department of Public Safety (DPS) for many professions as a condition of licensure, certification, or employment (A.R.S.
  41-1758.01). On receiving the criminal history record of an applicant, DPS must compare the record with the list of criminal offenses that preclude the applicant from receiving a fingerprint clearance card.  DPS must deny a fingerprint clearance card if an applicant is subject to registration as a sex offender or is awaiting trial on or has been convicted of  outlined criminal offenses (A.R.S.   41-1758.03)

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires an applicant for licensure to manufacture, install or sell manufactured homes, mobile homes or factory-built buildings to submit a valid fingerprint clearance card, rather than submit to a fingerprint-based background analysis.

2.   Prohibits ADOH from issuing a license before an applicant has received a valid fingerprint clearance card.

3.   Requires ADOH to suspend the license if:

a)   the fingerprint clearance card is determined to be invalid; and

b)   an applicant who was issued a license fails to submit a new fingerprint clearance card within 10 days after being notified by ADOH.

4.   Specifies that the fingerprint clearance card requirement does not affect ADOH's ability to otherwise issue, deny, cancel, terminate, suspend or revoke a license.

5.   Eliminates the criteria for determining lack of good character and reputation by a showing that a person has committed an act that would be grounds for suspension or revocation of a license.

6.   Caps the civil penalty for a person who violates statutes, rules, regulations or standards relating to manufactured homes, mobile homes and factory-built buildings at the maximum civil penalty annually determined by U.S. HUD, rather than at $1,000.

7.   Eliminates the exemption provided for a salesperson or broker of residential factory-built buildings from surety bond or cash deposit requirements.

8.   Requires the Board of Manufactured Housing to include one member who represents the manufacturers of factory-built buildings, regardless of a residential or commercial classification.

9.   Requires ADOH to establish experience requirements for installers of factory-built buildings, regardless of a residential or commercial classification.

10.   Specifies that the reference to factory-built building for the definitions of accessory structure or installer are without regard to a residential or commercial classification.

11.   Modifies the definition of factory-built building by removing the specification that it be manufactured using closed construction.

12.   Makes technical and conforming changes.

13.   Becomes effective on the general effective date.

House Action

GE                                     1/26/22           DP         13-0-0-0

3^rd Read                   2/3/22                                   59-0-1

Prepared by Senate Research

February 28, 2022

JT/sr