Bill Text: CA SB542 | 2017-2018 | Regular Session | Amended
Bill Title: Manufactured Housing Act of 1980: notice of transfer and release of liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-15 - Chaptered by Secretary of State. Chapter 832, Statutes of 2017. [SB542 Detail]
Download: California-2017-SB542-Amended.html
Amended
IN
Senate
April 20, 2017 |
Amended
IN
Senate
March 21, 2017 |
Senate Bill | No. 542 |
Introduced by Senator Leyva |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would provide that an owner of a new or used manufactured home or mobilehome subject to registration pursuant to the Manufactured Housing Act of 1980 who sells or transfers ownership of the manufactured home or mobilehome would not be subject to civil or criminal liability for a violation of the act after the delivery of possession of the manufactured home or mobilehome, the compliance with specified requirements in existing law regarding transfer of title, and the delivery to the department of either a notice of transfer and release of liability, as specified, or the appropriate documents and fees for registration of the manufactured home or mobilehome to the new owner pursuant to the sale or transfer. The bill would require the department to prepare and adopt a notice of transfer and release of liability form that furthers the purposes of these provisions, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18107 is added to the Health and Safety Code, to read:(a)Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:
(1)The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the
department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.
(2)The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:
(A)The notice of transfer and release of liability on a form described in subdivision (b) that is endorsed by the purchaser.
(B)The registration documents and fees required
by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.
(b)The department shall prepare and adopt a notice of transfer and release of liability form that furthers the purposes of this section. The form shall require the name, address, and current phone number of the buyer and seller. The form shall also include the following statement:
“BEFORE YOUR NAME IS REMOVED FROM THE RECORDS OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AS THE OWNER, THE NEW OWNER MUST APPLY FOR A TRANSFER OF OWNERSHIP USING THE ENDORSED CERTIFICATE OF TITLE
RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL OF THE TRANSFER REQUIREMENTS.”
18107.
(a) An owner shall not be liable for taxes or fees pursuant to Article 6 (commencing with Section 18114) that accrue after the date of compliance if the owner does both of the following:(c)
(d)