74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1430
A-Engrossed
Senate Bill 440
Ordered by the Senate March 15
Including Senate Amendments dated March 15
Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT (at the request of Oregon Association of County
Assessors, Oregon Association of County Tax Collectors)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Expands information to be included on manufactured structure
ownership documents issued on or after effective date of Act.
Requires that notice of manufactured structure sale provided to
county assessor be accompanied by documentation of tax payment or
cancellation.
A BILL FOR AN ACT
Relating to documents pertaining to manufactured structure
ownership; creating new provisions; and amending ORS 446.566,
446.641 and 446.736.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 446.566 is amended to read:
446.566. The following information must be recorded on
{ - an - } { + the + }ownership document issued { + for a
manufactured structure + } by the Department of Consumer and
Business Services:
(1) All ownership interests { + , + } { - in - }
{ + for + } a manufactured structure sold in this state.
(2) A change in { - the - } location { + , + } { - of - }
{ + for + } a manufactured structure that has been sited in this
state.
(3) The manufactured structure identification number as
described by department rule.
{ + (4) The manufacturer's name and, if available, the model
of the manufactured structure.
(5) The identifying physical characteristics of the
manufactured structure, including but not limited to the total
square footage of the living area, type of siding, type of roof,
number of bedrooms, number of bathrooms and types of heating and
cooling.
(6) If the ownership document is issued due to sale of the
manufactured structure, the most recent sales price and date of
sale for the manufactured structure. + }
{ - (4) - } { + (7) + } Any other information required by
department rule.
SECTION 2. { + Section 3 of this 2007 Act is added to and made
a part of ORS 446.566 to 446.646. + }
SECTION 3. { + (1) Except as provided in this subsection, if a
manufactured structure is purchased from or otherwise acquired
through a manufactured structure dealer, the dealer shall provide
the information described in ORS 446.566 (3) to (7) to the
Department of Consumer and Business Services. A manufactured
structure dealer is not required to provide the information to
the department if the dealer complies with an instruction from
the purchaser to provide the information to a lender, escrow
agent, title company or other designee of the purchaser. A
lender, escrow agent, title company or other designee of the
purchaser that receives the information described in ORS 446.566
(3) to (7) from a manufactured structure dealer shall provide the
information to the department. However, the provision of
information described in ORS 446.566 (3) to (7) to the purchaser
does not excuse a manufactured structure dealer from the duty to
provide the information to the department.
(2) If the manufactured structure is sold by or otherwise
acquired through a person other than a manufactured structure
dealer, the information described in ORS 446.566 (3) to (7) shall
be provided to the department:
(a) By the seller if title is being transferred by a sale;
(b) By the person to whom the ownership interest is being
transferred if title is being transferred by operation of law; or
(c) By the owner if the owner will have a recorded ownership
interest in the manufactured structure after issuance of the
ownership document. + }
SECTION 4. ORS 446.641 is amended to read:
446.641. (1) If a person sells an ownership interest in a
manufactured structure for which there is an ownership document
issued under ORS 466.611 or a structure described in ORS 446.621
(1) to (6), the seller shall give notice of the sale to the
county assessor for the county in which the structure is sited.
(2) The seller's notice must be on a form approved by the
Department of Consumer and Business Services. Information
required by the form must include, but need not be limited to:
(a) The identities of the seller and the purchaser;
(b) Any change in the security interest in the structure
resulting from the transaction; and
(c) For each holder of an unreleased security interest:
(A) A signed statement recorded on the ownership document for
the manufactured structure acknowledging that the interest holder
is aware of the sale; or
(B) Documentation satisfactory to the department showing that
acknowledgment by the holder was requested but the holder has not
responded.
(3) The seller shall submit { + the following + } with the
notice { + :
(a) + } The ownership document or other document evidencing
ownership of the manufactured structure { + . + } { - and - }
{ + (b) + }A copy of the bill of sale.
{ + (c) Documentation satisfactory to the county assessor
that all taxes and special assessments for the current year, all
taxes in homestead deferral as described under ORS 311.666 to
311.701 and all delinquent taxes and special assessments for past
years are paid or have been canceled. + }
(4) The county assessor shall forward the information contained
in the notice and the ownership document or other document
evidencing ownership to the department. The department shall
update the ownership document for the manufactured structure or,
if no ownership document exists, enter the information in the
department's records and issue an ownership document for the
structure.
(5) The department shall deliver an ownership document updated
or issued under subsection (4) of this section to the holder of
the earliest perfected unreleased security interest in the
manufactured structure or, if none, to the owner of the
structure. The department shall also send a copy of the ownership
document to the county assessor.
(6) A transfer of ownership of a manufactured structure by
operation of law is a sale of the manufactured structure for
purposes of this section.
(7) Notice given to a county assessor under subsection (1) of
this section is not an instrument of conveyance.
(8) If a seller does not give a notice of sale to the county
assessor within 30 days after closing of the sale of a
manufactured structure, a buyer may submit a notice of sale to
the assessor if the notice is accompanied by proof of sale
acceptable to the department as provided by rule. Upon receipt of
a notice of sale and acceptable proof of sale, the assessor shall
forward the information to the department as provided in
subsection (4) of this section. Submission of a notice of sale by
a buyer does not excuse a seller from civil penalty under ORS
455.895 for a violation of subsection (1) of this section.
SECTION 5. ORS 446.736 is amended to read:
446.736. (1) Except as provided in subsection (7) of this
section, a manufactured structure dealer who transfers an
interest in a manufactured structure shall:
(a) Submit to the Department of Consumer and Business Services
an application for an ownership document on behalf of the
purchaser; or
(b) If the purchase is being financed, submit sufficient
information to a lender to allow the lender to make an
application to the department for an ownership document.
(2) An application under subsection (1) of this section must be
on a form approved by the department and include:
(a) The year, { - make, style - } { + manufacturer's name,
model if available + } and identification number for the
manufactured structure.
(b) Any existing ownership document for the structure or, if
none, the manufacturer's certificate of origin or other document
evidencing ownership of the manufactured structure.
(c) The legal description or street address for the proposed
situs for the manufactured structure.
(d) The identity of the owner of record for the location where
the manufactured structure is being sited or, if the structure is
being sited in a facility as defined in ORS 90.100, the name of
the facility.
(e) The name and mailing address of each person acquiring an
ownership interest in the manufactured structure.
(f) The name and mailing address of each person acquiring a
security interest in the manufactured structure.
(g) Any other information required by the department by rule
for processing an application.
(3) If a manufactured structure dealer is unable to comply with
subsection (1) of this section, within 25 business days of the
transfer the dealer shall provide a notice of delay to the
security interest holder next named, if any, and the purchaser.
The notice must contain:
(a) The reason for the delay;
(b) The anticipated extent of the delay; and
(c) A statement of the rights and remedies available to the
purchaser if the delay becomes unreasonably extended.
(4) A manufactured structure dealer that fails to comply with
this section is subject to revocation or suspension of the
dealer's license or being placed on probation by the Department
of Consumer and Business Services pursuant to ORS 446.741. A
dealer that fails to comply with subsection (1) of this section
within 90 days is subject to criminal penalties under ORS 446.746
(1)(h).
(5) Notwithstanding subsections (1) and (4) of this section, if
a purchaser is not in compliance with the payment terms of a
purchase agreement on the 20th calendar day after the transfer,
the dealer is not required to perform under subsection (1) of
this section until 25 calendar days after the purchaser is in
compliance with the payment terms of the purchase agreement. This
subsection does not excuse the duty of the dealer under
subsection (3) of this section.
(6) This section does not apply to a transfer of interest in a
manufactured structure that is subject to an escrow transaction.
(7) This section does not apply to a manufactured structure for
which an application is filed under ORS 446.626 within 25
business days of the transfer.
SECTION 6. { + (1) The amendments to ORS 446.566 by section 1
of this 2007 Act apply to manufactured structure ownership
documents for which an application is filed on or after the
effective date of this 2007 Act.
(2) The amendments to ORS 446.641 by section 4 of this 2007 Act
apply to sales for which the county assessor receives a notice of
sale on or after the effective date of this 2007 Act. + }
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