S.B. 107

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Senate 2nd Reading Amendments 2-21-2006 sm/sch

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Senate Committee Amendments 2-14-2006 rd/sch This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 14, 2006 at 9:49 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 21, 2006 at 12:17 PM by smaeser. --> 1

TITLE TO MANUFACTURED HOUSING OR
2 MOBILE HOMES
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Thomas V. Hatch
6 House Sponsor: Michael E. Noel
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicle Act by amending title provisions related to
11 manufactured housing or mobile homes.
12 Highlighted Provisions:
13 This bill:
13a S. . requires an owner of a manufactured home or mobile home to apply to the Motor
13b Vehicle Division for a certificate of title unless the manufactured home or mobile home is
13c previously registered as real property; .S
14 . provides that a manufactured home or mobile home that has been converted to real
15 property is not subject to titling in this state if:
16 . the home is permanently affixed to real property;
16a S. . the home is not registered with the Motor Vehicle Division; .S
17 . the home is taxed as an improvement to real estate by the county assessor; and
18 . the manufacturer's identification S. [ number is ] number or numbers are .S
18a included in the deed or loan S. document .S
19 recorded with the county recorder; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
26a S. 41-1a-503, as renumbered and amended by Chapter 1, Laws of Utah 1992 .S
27 41-1a-506, as last amended by Chapter 47, Laws of Utah 2005

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Senate 2nd Reading Amendments 2-21-2006 sm/sch

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Senate Committee Amendments 2-14-2006 rd/sch 28

29 Be it enacted by the Legislature of the state of Utah:
29a S. Section 1. Section 41-1a-503 is amended to read:
29b 41-1a-503. Certificate of title or Affidavit of Mobile Home Affixture required -- Application
29c by owner.
29d (1) The owner of a manufactured home or mobile home shall apply to the division for a
29e certificate of title [ or an Affidavit of Mobile Home Affixture ] unless the manufactured home or
29f mobile home is previously registered S. as real property .S under S. Subsection .S
29g 41-1a-506(1).
29h (2) (a) An owner of a manufactured home or mobile home previously issued a
29i certificate of title who attaches that home to real property shall apply for an Affidavit of
29j Mobile Home Affixture within 30 days of attaching to the property.
29k (b) Upon application, the division shall issue an Affidavit of Mobile Home Affixture in
29l lieu of a certificate of title.
29m (c) However, manufactured homes and mobile homes are not exempt from the other
29n requirements of this part.
29o (3) (a) The owner of a manufactured home or mobile home previously issued an
29p Affidavit of Mobile Home Affixture who separates that home from the real property shall
29q apply for a certificate of title within 30 days of the separation, prior to any transfer of
29r ownership of that home.
29s (b) Upon application, the division shall issue a certificate of title in lieu of an Affidavit
29t of Mobile Home Affixture. .S
30 Section S. [ 1 ] 2 .S . Section 41-1a-506 is amended to read:
31 41-1a-506. Exceptions to title requirements for manufactured homes or mobile
32 homes.
33 (1) Each manufactured home or mobile home in this state is subject to the titling
34 provisions of this part except:
35 (a) manufactured homes and mobile homes owned and operated by the federal
36 government; and
37 (b) manufactured homes and mobile homes that have been converted to real property
38 under Section 70D-1-20 if:
39 (i) (A) an Affidavit Of Mobile Home Affixture has been issued by the division for that
40 home; and
41 [(ii)] (B) the home is permanently affixed to real property[.]; or
42 (ii) (A) the home is permanently affixed to real property;
43 (B) S. the home is not registered with the division;
43a (C) .S the home is taxed as an improvement to real estate by the county assessor

43b S. as permitted under Section 59-2-1503 .S ; and
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Senate 2nd Reading Amendments 2-21-2006 sm/sch

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Senate Committee Amendments 2-14-2006 rd/sch 44

S. [ (C) ] (D) .S the manufacturer's identification S. [ number is ] number or numbers
44a are .S included in the deed or loan S. document .S recorded
45 with the county recorder.
46 (2) A manufactured home or mobile home previously converted to real property but
47 that has been separated from the real property is subject to the titling provisions of this part
48 upon separation.

Legislative Review Note
as of 12-7-05 3:10 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel