Senator Hembree proposes the following amendment (SEDU-5113.DB0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 6-29-735(B) and inserting:

 (B) Notwithstanding the provisions of Section 6-29-730 or another provision of law, when there is a replacement of a preexisting manufactured home with a manufactured home not more than five years old within a manufactured home community, or on any other residential land, a local government may not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property. If the property is in a designated flood zone and the replacement of a preexisting manufactured home occurs the replacement must meet current federal and local flood elevation standards and building codes for the flood zone in which the property is located, such applicable standards and codes must be actively enforced on all dwelling types.

Amend the bill further, SECTION 1, by striking Section 6-29-735(C)(1) and inserting:

  (1) a discontinuance is necessary for the safety of life or property or to comply with applicable federal, state or local laws and regulations, including floodplain management, stormwater management, septic and sewer requirements, emergency access standards, building codes, and environmental protections, such applicable laws and regulations must be actively enforced on all dwelling types;

Amend the bill further, SECTION 1, by striking Section 6-29-735(C)(3) and inserting:

  (3) the replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to another type of dwelling; or

Amend the bill further, SECTION 2, by striking Section 23-43-85(D)(3) and inserting:

  (3) it has not been altered from its original design; and

Amend the bill further, SECTION 2, by striking Section 23-43-85(D)(4) and inserting:

  (5)(4) the seller provides the purchaser with written notice that the home meets the appropriate code requirements in effect at the time of manufacture, and may or may not meet the code requirements in effect at the time of placement for residential use.; and
  (5) the owner of the real property where the manufactured home is located does not consent to the replacement of the manufactured home.

Renumber sections to conform.

Amend title to conform.