Chapter 391
2012 -- H 7726 SUBSTITUTE A
Enacted 06/21/12
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -
Introduced By: Representatives Keable, Winfield, Jackson, Edwards, and Guthrie
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 31-44-1 of the General Laws in Chapter
31-44 entitled "Mobile and
Manufactured Homes" is
hereby amended to read as follows:
31-44-1.
Definitions. -- As used in this chapter:
(1)
"Department" means the department of business regulation.
(2) "Director"
means the director of the department of business regulation.
(3) "Entry
requirements" means any written, nondiscriminatory criteria for resident
selection incorporated into the rules and regulations of a
mobile and manufactured home park
which are equally applied by the licensee to all purchasers
and prospective residents.
(4) "Fee
schedule" means an itemized list of fees for goods or services sold or
performed
by a mobile and manufactured home park licensee
including, but not limited to, the entrance fee,
hook-up fee, and maintenance fee, if any.
(5) "Hook-up
fee" means a reasonable fee for the services required to install a mobile
and
manufactured home on a mobile and manufactured home space or lot.
The charge shall include
the cost of connecting water and sewer lines, electrical
connections, tie-downs, removal of wheels
or axles, steps, if necessary, and other necessary
services, including, but not limited to, the
creation of new pads or piers.
(6)
"Household" means one or more persons
occupying a housing unit.
(7) "Licensee"
means any person or agent licensed under section 31-44-1.6 who is
directly or indirectly engaged in the business of selling
mobile and manufactured homes or who
operates and maintains a mobile and manufactured home park
under the provisions of this
chapter.
(8) "
(i)
For a long term occupancy and containing sleeping accommodations, a flush
toilet,
and a tub or shower bath and kitchen facilities, and
having both permanent plumbing and
electrical connections for attachment to outside systems;
(ii) To be transported
on its own wheels or on a flatbed or other trailer or detachable
wheels; and
(iii) To be placed on
pads, piers, or tied down, at the site where it is to be occupied as a
residence complete and ready for occupancy, except for minor
and incidental unpacking and
assembly operations and connection to utilities systems.
(9) "
four (4) or more mobile and manufactured homes, occupied
for residential purposes are located.
(10) "
mobile and manufactured home park designed for the
accommodation of one mobile and
manufactured home.
(11) "Owner"
means a licensee or permittee or any person who owns,
operates, or
maintains a mobile and manufactured home park.
(12) "Prospective
resident" means an applicant for admission to a mobile and
manufactured home park who is ready, willing, and able to buy a
mobile and manufactured home
owned and offered for sale by a licensee or resident, and
who is able to meet the entrance
requirements of the rules of the park.
(13) "Protected
lawful action" means any report of a violation of this chapter, or of any
applicable building or health code, or any other justified
complaint to a governmental authority,
or any other justified lawful act by the resident(s) or
prospective resident(s).
(14) “Qualified sale”
means the sale of a mobile and manufactured home park to a
resident organization with the goal of resident ownership by
at least fifty-one percent (51%) of
the homeowner households residing in the park.
(14) (15)
"Reprisal" means any act taken against the resident(s) which is
intended as a
penalty for any protected lawful action taken by the
resident(s).
(15) (16)
"Resident" means an owner or renter occupying a mobile and
manufactured
home in a mobile and manufactured home park with the
consent of the owner as defined in
subdivision (11) of this section.
(17) “Resident
organization” means a group of mobile and manufactured home
park
residents who have formed a nonprofit corporation, cooperative
corporation, or other entity or
organization for the purpose of acquiring the mobile home park in
which they reside and
converting the mobile home park to resident ownership.
(18) “Resident
ownership” means, depending on the context, either the ownership, by a
resident organization, as defined in this section, of an
interest in a mobile and manufactured home
park which entitles the resident organization to control
the operations of the mobile home park, or
the ownership of individual interests in a mobile home
park, or both.
(16) (19)
"Security deposit" means a sum not to exceed the monthly rental which
a
licensee may require a resident of a rented mobile or
manufactured home to deposit as security in
case of damage caused by the resident in excess of
ordinary wear and tear.
(17) (20)
"Standards for mobile and manufactured homes" means any written,
nondiscriminatory minimum specifications for structural soundness,
safety, and habitability
adopted by the department or any other government agency.
SECTION 2. Chapter 31-44 of the General Laws entitled "
Homes" is hereby
amended by adding thereto the following section:
31-44-3.3. Future
qualified sale of mobile and manufactured home community. –
The qualified sale of a mobile or manufactured home
community to a resident-owned
organization is exempt from the real estate conveyance tax imposed
under chapter 44-25.
SECTION 3. Section 44-25-2 of the General Laws in Chapter
44-25 entitled "Real Estate
Conveyance Tax" is
hereby amended to read as follows:
44-25-2.
Exemptions. -- (a) The
tax imposed by this chapter does not apply to any
instrument or writing given to secure a debt.
(b) The tax imposed by
this chapter does not apply to any deed, instrument, or writing
wherein the
grantor.
(c) The tax imposed by
this chapter does not apply to any deed, instrument, or writing
which has or shall be executed, delivered, accepted, or
presented for recording in furtherance of
or pursuant to that certain master property conveyance
contract dated December 29, 1982, and
recorded in the land evidence records of the city of
in book 1241 at page 849, and relating to the capital
center project in the city of
(d) The qualified
sale of a mobile or manufactured home community to a resident-owned
organization as defined in section 31-44-1 is exempt from the real
estate conveyance tax imposed
under this chapter.
SECTION 4. This act shall take effect upon passage.
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LC01690/SUB A/2
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