COMMITTEE ON COMMERCE
SENATE AMENDMENTS TO H.B. 2263
(Reference to House engrossed bill)
Page 1, strike lines 2 through 5, insert:
"Section 1. Section 28-2063, Arizona
Revised Statutes, is amended to read:
28-2063. Mobile home certificate of title; exceptions; fee
A. A mobile home that is customarily kept in this state shall be titled with the department and the fee required under section 28-2003 shall be paid except for:
1. A mobile home that is owned and held by a dealer solely for purposes of sale.
2. A mobile home that is owned and operated exclusively in the public service by the United States, by this state or by any political subdivision of this state, except that it shall be titled.
3. A mobile home that is permanently affixed, as defined in section 33-1501 or 42-15201, and for which an affidavit of affixture has been recorded. The owner shall surrender the original certificates of title or manufacturer's statements of origin to permanently affixed mobile homes to the department in the manner prescribed by the department. The department shall issue a receipt for the documents surrendered pursuant to this paragraph.
B. The issuance of a certificate of title for a mobile home shall be as provided by law for titling motor vehicles, except that in the case of a mobile home that consists of two or more separate sections, each section shall have a separate certificate of title.
C. A mobile home is subject to all applicable provisions of this title, except those relating to registration.
D. If a title is applied for on a mobile home entering this state for sale or installation, a certificate of compliance or waiver issued by the office of manufactured housing is required and shall be submitted with the title application.
Sec. 2. Title 33, chapter 11, Arizona Revised Statutes, is amended by adding Article 6, to read:
ARTICLE 6. AFFIDAVIT OF AFFIXTURE
33-1501. Affidavit of affixture for mobile home in mobile home park"
Page 1, line 7, after LOCATED insert in a mobile home park
Line 15, strike FIFTEEN insert twenty
Line 21, strike TERMS AND
Line 22, after SIZE insert , manufacturer's list price
Line 29, strike AS DEFINED IN SECTION 33-1409
Line 31, after the second A insert subdivision
Between lines 34 and 35, insert:
2. A mobile home park may record a leasehold map of the mobile home park. A leasehold map shall, at a minimum, set forth the legal description of the land comprising the mobile home park, show the location of all rental spaces of the mobile home park and assign each space a unique identifying number. To qualify as a leasehold map, the map shall identify the mobile home park by name and contain a certification by the owner of the land that it accurately depicts the location and dimensions of all mobile home spaces in the mobile home park. Leasehold maps shall be recorded as maps by the county recorder and shall conform to size and other restrictions applicable to the recording of maps. For a mobile home park that has recorded a leasehold map, the legal description is sufficient if it refers to the space number of the mobile home space as shown on the leasehold map and refers to the recording data pertaining to the leasehold map.
Renumber to conform
Page 2, line 15, after the first THE insert make, year, size, manufacturer's list price and
Page 2, line 24, strike D insert E
Line 26, strike 5. AS AN ATTACHMENT, insert D.
Reletter to conform
Line 27, after 3 insert shall be filed with the assessor in the county where the
affidavit of affixture has been recorded
Page 3, strike lines 14 through 18, insert:
I. The mobile home and the leasehold interest to which it is affixed shall be treated as real property. The provisions of this chapter apply to the relationship between the landlord and the owner of the mobile home as tenant.
Line 19, strike TENANT insert owner of the mobile home
Line 21, after the second THE insert new owner of the mobile home as
After line 26, insert:
"Sec. 3. Section 42-15203, Arizona Revised
Statutes, is amended to read:
42-15203. Affidavit of affixture
A. A person who owns a mobile home that is permanently affixed to real property may file an affidavit of affixture with the county recorder of the county in which the real property is located.
B. An affidavit of affixture shall contain all of the following:
1. The vehicle identification numbers of the mobile home.
2. The legal description of the real property to which the mobile home has been affixed.
3. A statement that the mobile home has not previously been assessed and taxed in this state as personal property or the name and address of the person to whom the last tax statement for the mobile home was sent and the location of the mobile home when it was last taxed.
4. The name of the holder of any security interests in the mobile home that are not terminated by consent of the secured party contained on the affidavit of affixture pursuant to subsection C of this section and the original principal amount secured by the security interest.
5. As an attachment, the department of transportation's receipt issued pursuant to section 28-2063, subsection A, paragraph 3.
C. The recording of an affidavit of affixture does not impair the rights of any holder of a perfected security interest in the mobile home unless the affidavit of affixture contains the acknowledged consent of the secured party to the termination of the security interest. If a secured party so consents, that security interest terminates when the affidavit of affixture is recorded.
D. If an affidavit of affixture is submitted for recording on a mobile home entering this state for sale or installation, a certificate of compliance or waiver issued by the office of manufactured housing is required and shall be submitted with the affidavit of affixture.
E. A mobile
home identified in an affidavit of affixture recorded pursuant to section
33-1501 shall be assessed under the department of revenue guidelines for mobile
homes.
Sec. 4. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform