74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 440
LC 1430/SB 440-2
SENATE AMENDMENTS TO
SENATE BILL 440
By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT
March 15
On page 1 of the printed bill, line 3, delete 'and 446.641 '
and insert ', 446.641 and 446.736'.
Delete lines 5 through 30 and delete page 2 and insert:
' { + 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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