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SB-542 Manufactured Housing Act of 1980: notice of transfer and release of liability.(2017-2018)

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Date Published: 10/16/2017 02:00 PM
SB542:v94#DOCUMENT

Senate Bill No. 542
CHAPTER 832

An act to add Section 18107 to the Health and Safety Code, relating to manufactured housing.

[ Approved by Governor  October 15, 2017. Filed with Secretary of State  October 15, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 542, Leyva. Manufactured Housing Act of 1980: notice of transfer and release of liability.
Existing law, the Manufactured Housing Act of 1980, requires, with certain exceptions, manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state to be subject to annual registration with the Department of Housing and Community Development upon the appropriate forms approved by the department and payment of prescribed registration fees. Existing law prohibits transfer of title of a registered manufactured home, mobilehome, commercial coach, truck camper, or floating home until the transferor has properly endorsed and delivered the certificate of title and delivery of the registration card to the transferee. Existing law makes it unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration.
This bill would prohibit an owner, as defined, from being liable for taxes and fees specified in the Manufactured Housing Act of 1980 that accrue after the compliance date if the owner properly endorses and delivers the certificate of title to the transferee and delivers or mails to the Department of Housing and Community Development the completed notice of sale or transfer form developed by the department.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18107 is added to the Health and Safety Code, to read:

18107.
 (a) An owner shall not be liable for taxes or fees pursuant to Article 6 (commencing with Section 18114) that accrue after the date of compliance if the owner does both of the following:
(1) Properly endorses and delivers the certificate of title to the transferee as provided in this code.
(2) Delivers to the Department of Housing and Community Development or deposits in the United States mail, addressed to the department, the completed notice of sale or transfer form developed by the department.
(b) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.
(c) For purposes of this section, an “owner” means an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, or a junior lienholder as defined in Section 18005.3.