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S.B. 214 Enrolled

    

FEES ON SALE OF FACTORY BUILT HOUSING

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Lyle W. Hillyard

    AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS, UNIFORM BUILDING
    STANDARDS ACT; CREATING A RESTRICTED ACCOUNT FROM FEES ON
    FACTORY BUILT HOUSING; AND STATING THE PURPOSE AND DURATION OF
    THE ACCOUNT.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         58-56-17, as last amended by Chapter 252, Laws of Utah 1993
    ENACTS:
         58-56-17.5, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-56-17 is amended to read:
         58-56-17. Fees on sale -- Escrow agents -- Sales tax.
        (1) Each dealer shall collect and remit a fee of $75 to the division for each factory built
    home the dealer sells that has not been permanently affixed to real property. The fee shall be
    payable within 30 days following the close of each calendar quarter for all units sold during that
    calendar quarter. The fee shall be [paid to the division with a report as required by the division]
    deposited in a restricted account as provided in Section 58-56-17.5.
        (2) Any principal real estate broker, associate broker, or sales agent exempt from
    registration as a dealer under Section 58-56-16 who sells a factory built home that has not been
    affixed to real property shall close the sale only through a qualified escrow agent in this state
    registered with the Insurance Department or the Department of Financial Institutions.
        (3) Each escrow agent through which a sale is closed under Subsection (2) shall remit all
    required sales tax to the state.
        Section 2. Section 58-56-17.5 is enacted to read:
         58-56-17.5. Factory Built Housing Fees Restricted Account.


        (1) There is created within the General Fund a restricted account known as "Factory Built
    Housing Fees Account."
        (2) (a) The restricted account shall be funded from the fees the dealer collects and remits to
    the division for each factory built home the dealer sells as provided in Subsection 58-56-17(1).
        (b) The division shall deposit all monies collected under Subsection 58-56-17(1) in the
    restricted account.
        (c) The restricted account shall be used to pay for education and enforcement of the Uniform
    Building Standards Act, including investigations and administrative actions and the funding of
    additional employees to the amount of the legislative appropriation.
        (d) The restricted account may accrue interest which shall be deposited into the restricted
    account.

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