72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 328
Sponsored by Senator WINTERS; Senators BEYER, GEORGE, MINNIS,
SHIELDS, WALKER, Representatives AVAKIAN, BARNHART, DALTO,
GARRARD, KITTS, KRUMMEL, MERKLEY, NELSON, SCHAUFLER, ZAUNER (at
the request of Oregon Manufactured Housing Association)
CHAPTER ................
AN ACT
Relating to exemptions from certain vehicle code requirements for
manufactured structures; creating new provisions; amending ORS
820.510 and 820.525; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 820.510 is amended to read:
820.510. (1) The Department of Transportation shall establish
by rule procedures for the owner of a manufactured structure
{ - that is located on land in which the owner of the
manufactured structure has record title - } { + who meets the
criteria specified in this subsection + } to obtain an exemption
from any requirements to register and title the manufactured
structure under the vehicle code. { + The owner of a
manufactured structure may obtain an exemption under this section
if the owner:
(a) Also owns the land on which the manufactured structure is
located; or
(b) Is the holder of a recorded leasehold estate of 20 years or
more if the lease specifically permits the owner of the
manufactured structure to obtain an exemption under this section.
(2) + } Rules adopted by the department { + under subsection
(1) of this section + }shall include the following:
(a) Provisions for surrender of the certificate of title, if
issued, and registration of any manufactured structure that is
currently registered and titled to the county assessor of the
county where the manufactured structure is located for delivery
to the department.
(b) Provisions whereby the purchaser of a new manufactured
structure { - that is located on land owned by the
purchaser - } { + who meets the criteria specified in
subsection (1) of this section + } may obtain the exemption under
this section without having to register and title the
manufactured structure under the vehicle code.
(c) Provisions for registration and titling of a manufactured
structure that has been subject to an exemption under this
section so that the manufactured structure may be sold separately
from the land upon which it is located.
(d) Provisions for notification of the county assessor of the
county where a manufactured structure that is subject to an
exemption obtained under this section is located so that the
Enrolled Senate Bill 328 (SB 328-A) Page 1
assessor may perform the assessor's duties relating to the
manufactured structure in a manner consistent with this section.
(e) Provisions for notification of any holders of security
interests in manufactured structures for which an exemption is
obtained under this section so that the security interest holders
may protect the security interest.
(f) Provisions for notification of any holders of a mortgage on
land upon which a manufactured structure is located if the
manufactured structure is registered with the department after
being subject to an exemption under this section.
(g) Any other procedures the department determines necessary to
carry out the purposes of this section.
{ - (2) - } { + (3) + } A new manufactured structure or a
manufactured structure that has never been titled or registered
in Oregon is exempt from requirements for registration and
titling if the owner or an attorney acting on behalf of the owner
executes and submits to the Department of Transportation a
notarized certification stating that:
(a) The { - same - } person { + who + } owns the
manufactured structure
{ - and the real property on which the manufactured structure
is or will be situated - } { + meets the criteria for exemption
specified in subsection (1) of this section + };
(b) The manufactured structure is or will be affixed to the
real property and subject to taxation by the county in which it
is located as an improvement to the real property;
(c) Each person with a security interest in the manufactured
structure and each person with a security interest in the real
property approves the exemption from registration and titling;
and
(d) A duplicate original of the certification is being
submitted for recording to the county clerk for the county in
which the real property is located.
{ - (3) - } { + (4) + } A certification required by
subsection { - (2) - } { + (3) + } of this section shall
contain the following information:
(a) The vehicle identification number, year, make and style of
the manufactured structure and any other information prescribed
by the department;
(b) The legal description and street address of the real
property on which the manufactured structure is or will be
located { + , or any other information determined by the
department to adequately describe the location of the real
property on which the manufactured structure is or will be
located + };
(c) The name, date of birth, mailing address and, if available,
Oregon driver license number of each owner; and
(d) The name and mailing address of each person with a security
interest in the manufactured structure or the real property.
{ - (4) - } { + (5) + } If an exemption is obtained for a
manufactured structure under this section, the following apply:
(a) Except as otherwise provided in this section or by the
rules of the department, the manufactured structure, upon
obtaining the exemption under this section, shall become subject
to the same provisions of law in this state that would apply to
any other building, housing or structure on the land.
(b) After obtaining the exemption, the manufactured structure
may not be sold separately from the land upon which the
manufactured structure is located and may not be moved unless
Enrolled Senate Bill 328 (SB 328-A) Page 2
registered and titled under the vehicle code or unless otherwise
provided by rule of the department.
(c) Nothing in this section affects any lien or security
interest in a manufactured structure that is exempted under this
section if the security interest or lien attaches before the
exemption is obtained.
{ - (5) - } { + (6) + } This section does not grant
authority to change or alter construction standards applicable to
manufactured structures. A manufactured structure that is
exempted as provided under this section shall be subject to the
same construction standards applicable to other manufactured
structures.
{ - (6) - } { + (7) + } Every official, officer and
employee of this state or any agency of this state shall
cooperate with the department as requested by the department to
carry out the purposes of this section and shall establish such
rules or procedures as are consistent with the authority of the
official, officer or employee for purposes of carrying out the
intent of this section.
{ - (7) - } { + (8) + } Notwithstanding any other provision
of law, the department may take any reasonable amount of time the
department determines necessary to implement the procedures
required by this section. The department may implement the
procedures in stages, may place initial limits on the
applicability of the procedures or may take any other
administrative steps the department considers convenient for the
department in order to provide an orderly and consistent
implementation of the procedures developed for purposes of this
section. As necessary, the department may delay the
implementation of procedures when the department determines that
certain procedures may require legislation in order to fully
carry out the purposes of this section.
{ - (8) - } { + (9) + } The person who records a
certification under subsection { - (2) - } { + (3) + } of
this section shall mail or deliver a copy of the certification
and the recording information to the appropriate county tax
collector.
{ - (9) - } { + (10) + } The owner of a manufactured
structure exempted under subsection { - (2) - } { + (3) + }
of this section, or an attorney acting on behalf of the owner,
shall cause to be surrendered to the department the
manufacturer's statement of origin for the manufactured structure
or, if applicable, the certificate of title from another
jurisdiction for the manufactured structure.
SECTION 2. ORS 820.525 is amended to read:
820.525. A duplicate original certification described in ORS
820.510 { - (2) and (3) - } { + (3) and (4) + } shall be
recorded in the records of the county clerk for the county in
which the manufactured structure is situated. Recording
constitutes constructive notice of the interests set out in the
certification. Any security interest described in the
certification but not perfected or recorded before recording of
the certification becomes perfected or recorded upon recording of
the certification. A security interest perfected or recorded as
permitted by law prior to recording of the certification is not
impaired by the recording of the certification, whether or not
the security interest is described in the certification.
SECTION 3. { + The amendments to ORS 820.510 by section 1 of
this 2003 Act, authorizing owners of manufactured structures who
hold certain recorded leasehold interests to apply for exemption
Enrolled Senate Bill 328 (SB 328-A) Page 3
from title and registration requirements, apply to owners who
hold the required recorded leasehold interest whether the lease
is entered into before, on or after the effective date of this
2003 Act. + }
SECTION 4. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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Passed by Senate March 27, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 14, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 328 (SB 328-A) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 328 (SB 328-A) Page 5