ENGROSSED
Senate Bill No. 586
(By Senators Wooton, Anderson, Bowman, Buckalew, Deem, Dittmar,
Grubb, Miller, Ross, Scott, Wagner, White and Wiedebusch)
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[Originating in the Committee on the Judiciary;
reported February 27, 1996.]
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A BILL to amend and reenact section twelve, article nine, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to manufactured
housing construction and safety standards; providing technical
corrections in section numbers; and civil and criminal
penalties for violations thereof.
Be it enacted by the Legislature of West Virginia:
That section twelve, article nine, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.
§21-9-12. Civil penalties; criminal penalties.(a) Any person who violates any of the following provisions relating to
manufactured homes or any rule
or regulation promulgated by the board pursuant to
the provisions of this article
shall be is liable
to the state for a penalty
, as determined by the court
, of not to
exceed one thousand dollars for each violation. Each
such
violation
shall constitute constitutes a separate violation with
respect to each manufactured home, except that the maximum penalty
shall may not exceed one million dollars for any related series of
violations occurring within one year from the date of the first
violation. No person
shall may:
(1) Manufacture for sale, lease, sell, offer for sale or
lease, or introduce or deliver, or import into this state any
manufactured home which is manufactured on or after the effective
date of any applicable standard established by
a rule
or regulation
promulgated by the board pursuant to
the provisions of this
article, or any applicable federal standard, which does not comply
with
any such that standard.
(2) Fail or refuse to permit access to or copying of records,
or fail to make reports or provide information or fail or refuse to
permit entry or inspection as required by
section six the
provisions of this article.
(3) Fail to furnish notification of any defect as required by
the provisions of 42 U.S.C. §5414.
(4) Fail to issue a certification required by
the provisions of 42 U.S.C. §5415 or issue a certification to the effect that a
manufactured home conforms to all applicable federal standards,
if
such when the person knows or in the exercise of due care
has would
have reason to know that
such the certification is false or
misleading in a material respect.
(5) Fail to establish and maintain
such records, make
such
reports, and provide
such information as the board may reasonably
require to enable the board to determine whether there is
compliance with the federal standards; or fail to permit, upon
request of a person duly authorized by the board, the inspection of
appropriate books, papers, records and documents relative to
determining whether a manufacturer, dealer, distributor or
contractor has acted or is acting in compliance with
the provisions
of this article or
the applicable federal standards.
(6) Issue a certification pursuant to
the provisions of 42
U.S.C. §5403(a),
if said when the person knows or in the exercise
of due care
has would have reason to know that
said the
certification is false or misleading in a material respect.
(b) Subdivision (1), subsection (a) of this section
shall does
not apply to: (i) The sale or the offer for sale of any
manufactured home after the first purchase of it in good faith for
purposes other than resale; (ii) any person who establishes that he did not have reason to know in the exercise of due care that such
manufactured home is not in conformity with applicable federal
standards; or (iii) any person who, prior to
such the first
purchase, holds a certificate by the manufacturer or importer of
such the manufactured home to the effect that such manufactured
home conforms to all applicable federal standards, unless
such that
person knows that
such the manufactured home does not
so conform
to
those standards.
(c) Any manufacturer, dealer, distributor
and or contractor
who engages in business in this state without a current license as
required by
section seven of the provisions of this article or
without furnishing a bond or other form of assurance as required by
section eight of the provisions of this article is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than fifty dollars for each day
such the violation continues.
(d) Any person or officer, director, partner or agent of a
corporation, partnership or other entity who willfully or knowingly
violates any of the provisions listed in subsection (a) of this
section, in any manner which threatens the health or safety of any
purchaser, is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than one thousand dollars or
imprisoned in the county jail confined in the county or regional jail for a period of not more than one year, or both fined and
imprisoned:
Provided, That nothing in this article
shall may apply
to any bank or financial institution engaged in the disposal of
foreclosed or repossessed manufactured home(s).