Chapter 383 Oregon Laws 1999

Session Law

AN ACT

SB 351

Relating to exemptions for manufactured structures from certain requirements of the Oregon Vehicle Code; creating new provisions; and amending ORS 820.500 and 820.510.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 820.500 is amended to read:

820.500. Except as provided in this section[,] and ORS 820.510 and 820.530 to 820.580, or as otherwise specifically provided by law, manufactured structures are subject to the same provisions concerning registration, titling, salvage title, sale by dealers, transfers, transfers of interest and payment of fees as required for any other vehicle required to be registered under the vehicle code. The following provisions apply to manufactured structures:

(1) The registration of a manufactured structure in this state does not authorize movement of the manufactured structure on the highways. Manufactured structures may only be moved upon the highways:

(a) By vehicle transporters as permitted under ORS 822.310; or

(b) By persons operating under a trip permit under ORS 803.600, 820.560 and 820.570.

(2) In addition to other information required in an application for registration of a manufactured structure, the application shall contain information as to the location of the manufactured structure. The Department of Transportation shall notify the appropriate assessors of the location.

(3) The department shall not issue title or register a new manufactured structure without presentation of information from the manufacturer containing the year of manufacture, the make and the manufacturer's vehicle identification number. The manufacturer of a manufactured structure shall issue with each manufactured structure to be sold in this state, the information required by this subsection in a form determined by the department by rule.

(4) Manufactured structures are registered for ownership registration periods described in ORS 803.400 with new registration made at each transfer of ownership.

(5) Manufactured structures are not subject to inspection under ORS 803.210.

(6) Upon registration of a manufactured structure, one registration plate shall be issued. The registration plate shall be permanent and shall remain with the manufactured structure when the manufactured structure is transferred. The registration plate is subject to display requirements as provided under ORS 820.550.

(7) Manufactured structures registered under ORS 805.040 and 805.100 are subject to the provisions of those sections.

(8) The fees for registration of manufactured structures are as provided under ORS 820.580.

(9) Manufactured structures are subject to assessment and taxation under the ad valorem tax laws of this state whether or not registered under the vehicle code. In addition to any other manufactured structures, this subsection applies to manufactured structures subject to an exemption under ORS 820.510.

(10)(a) Subject to subsection (11) of this section, no title to a manufactured structure that is on the assessment and tax rolls of any county shall be transferred under ORS 803.092, unless the department is satisfied that all property taxes and special assessments for the current tax year and all delinquent property taxes and special assessments are paid.

(b) Notwithstanding paragraph (a) of this subsection, a title to a manufactured structure may be transferred without payment of all delinquent property taxes and special assessments if the ownership transfer was done pursuant to ORS 90.425 or 90.675.

(11) Subsection (10) of this section is subject to the following:

(a) Nothing in subsection (10) of this section applies to or places any limitation on title actions involving the deletion or addition of a coowner or security interest holder.

(b) Subsection (10) of this section is applicable to manufactured structures subject to an exemption under ORS 820.510 as provided by rule of the department adopted under ORS 820.510.

(12) The department shall maintain records on:

(a) Manufactured structures as required under ORS 802.200.

(b) Manufactured structures subject to an exemption under ORS 820.510 as the department determines necessary.

(13) Special use trailers are subject to the registration provisions for special use trailers and are not subject to the provisions for manufactured structures under this section.

SECTION 2. 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 to obtain an exemption from any requirements to register and title the manufactured structure under the vehicle code. Rules adopted by the department 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 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 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) 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 owns the manufactured structure and the real property on which the manufactured structure is or will be situated;

(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) A certification required by subsection (2) 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;

(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.

[(2)] (4) 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 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.

[(3)] (5) 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.

[(4)] (6) 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.

[(5)] (7) 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) The person who records a certification under subsection (2) of this section shall mail or deliver a copy of the certification and the recording information to the appropriate county tax collector.

(9) The owner of a manufactured structure exempted under subsection (2) 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 3. Section 4 of this 1999 Act is added to and made a part of ORS 820.530 to 820.580.

SECTION 4. A duplicate original certification described in ORS 820.510 (2) and (3) 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.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

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