Amended in Senate June 24, 2015

Amended in Senate June 15, 2015

Amended in Assembly April 20, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 999


Introduced by Assembly Member Daly

February 26, 2015


An act to amend Sections 798.56a and 798.61 of the Civil Code,begin insert and to amend Section 18080.5 of the Health and Safety Code,end insert relating to mobilehomes.

LEGISLATIVE COUNSEL’S DIGEST

AB 999, as amended, Daly. begin deleteMobilehomes: salvage and disposal. end deletebegin insertMobilehomes: disposal.end insert

The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.

This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien andbegin delete declareend deletebegin insert to designateend insert a mobilehomebegin delete as salvageend deletebegin insert for disposalend insert without requiring the management or other person enforcing the lien tobegin insert pay past or current vehicle license fees orend insert obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management tobegin insert pay past or current vehicle license fees orend insert obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is locatedbegin delete and the Department of Housing and Community Developmentend delete that management will eitherbegin delete enforce a warehouse lien and declare the mobilehome as salvageend deletebegin insert apply to have the mobilehome designated for disposal after a warehouse lien saleend insert or dispose of an abandoned mobilehome and its contents pursuant to these provisions.begin insert This bill would also require the management to file a notice of disposal, as specified, and to submit certain information required for completing the disposal process under penalty of perjury. This bill would require the Department of Housing and Community Development to charge a fee, as specified, for processing the notice of disposal and any information required for completing the disposal process.end insert

begin insert

By expanding the crime of perjury, this bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 798.56a of the Civil Code is amended to
2read:

3

798.56a.  

(a) Within 60 days after receipt of, or no later than
465 days after the mailing of, the notice of termination of tenancy
5pursuant to any reason provided in Section 798.56, the legal owner,
6if any, and each junior lienholder, if any, shall notify the
7management in writing of at least one of the following:

8(1) Its offer to sell the obligation secured by the mobilehome
9to the management for the amount specified in its written offer.
10In that event, the management shall have 15 days following receipt
11of the offer to accept or reject the offer in writing. If the offer is
12rejected, the person or entity that made the offer shall have 10 days
13in which to exercise one of the other options contained in this
14section and shall notify management in writing of its choice.

15(2) Its intention to foreclose on its security interest in the
16mobilehome.

17(3) Its request that the management pursue the termination of
18tenancy against the homeowner and its offer to reimburse
19management for the reasonable attorney’s fees and court costs
20incurred by the management in that action. If this request and offer
21are made, the legal owner, if any, or junior lienholder, if any, shall
22reimburse the management the amount of reasonable attorney’s
23fees and court costs, as agreed upon by the management and the
24legal owner or junior lienholder, incurred by the management in
25an action to terminate the homeowner’s tenancy, on or before the
26earlier of (A) the 60th calendar day following receipt of written
27notice from the management of the aggregate amount of those
28reasonable attorney’s fees and costs or (B) the date the mobilehome
29is resold.

30(b) A legal owner, if any, or junior lienholder, if any, may sell
31the mobilehome within the park to a third party and keep the
32mobilehome on the site within the mobilehome park until it is
33resold only if all of the following requirements are met:

34(1) The legal owner, if any, or junior lienholder, if any, notifies
35management in writing of the intention to exercise either option
36described in paragraph (2) or (3) of subdivision (a) within 60 days
37following receipt of, or no later than 65 days after the mailing of,
38the notice of termination of tenancy and satisfies all of the
P4    1responsibilities and liabilities of the homeowner owing to the
2management for the 90 days preceding the mailing of the notice
3of termination of tenancy and then continues to satisfy these
4responsibilities and liabilities as they accrue from the date of the
5mailing of that notice until the date the mobilehome is resold.

6(2) Within 60 days following receipt of, or no later than 65 days
7after the mailing of, the notice of termination of tenancy, the legal
8owner or junior lienholder commences all repairs and necessary
9corrective actions so that the mobilehome complies with park rules
10and regulations in existence at the time the notice of termination
11of tenancy was given as well as the health and safety standards
12specified in Sections 18550, 18552, and 18605 of the Health and
13Safety Code, and completes these repairs and corrective actions
14within 90 calendar days of that notice, or before the date that the
15mobilehome is sold, whichever is earlier.

16(3) The legal owner, if any, or junior lienholder, if any, complies
17with the requirements of Article 7 (commencing with Section
18798.70) as it relates to the transfer of the mobilehome to a third
19party.

20(c) For purposes of subdivision (b), the “homeowner’s
21responsibilities and liabilities” means all rents, utilities, reasonable
22maintenance charges of the mobilehome and its premises, and
23reasonable maintenance of the mobilehome and its premises
24pursuant to existing park rules and regulations.

25(d) If the homeowner files for bankruptcy, the periods set forth
26in this section are tolled until the mobilehome is released from
27bankruptcy.

28(e) (1) Notwithstanding any other provision of law, including,
29but not limited to, Section 18099.5 of the Health and Safety Code,
30if neither the legal owner nor a junior lienholder notifies the
31management of its decision pursuant to subdivision (a) within the
32period allowed, or performs as agreed within 30 days, or if a
33registered owner of a mobilehome, that is not encumbered by a
34lien held by a legal owner or a junior lienholder, fails to comply
35with a notice of termination and is either legally evicted or vacates
36the premises, the management may either remove the mobilehome
37from the premises and place it in storage or store it on its site. In
38this case, notwithstanding any other provision of law, the
39management shall have a warehouse lien in accordance with
40Section 7209 of the Commercial Code against the mobilehome for
P5    1the costs of dismantling and moving, if appropriate, as well as
2storage, that shall be superior to all other liens, except the lien
3provided for in Section 18116.1 of the Health and Safety Code,
4and may enforce the lien pursuant to Section 7210 of the
5Commercial Code either after the date of judgment in an unlawful
6detainer action or after the date the mobilehome is physically
7vacated by the resident, whichever occurs earlier. Upon completion
8of any sale to enforce the warehouse lien in accordance with
9Section 7210 of the Commercial Code, the management shall
10provide the purchaser at the sale with evidence of the sale, as shall
11be specified by the Department of Housing and Community
12Development, that shall, upon proper request by the purchaser of
13the mobilehome, register title to the mobilehome to this purchaser,
14whether or not there existed a legal owner or junior lienholder on
15this title to the mobilehome.

16(2) begin insert(A)end insertbegin insertend insert Notwithstanding any otherbegin delete provision ofend delete law, if the
17management of a mobilehome parkbegin delete obtains title toend deletebegin insert acquiresend insert a
18mobilehome after enforcing the warehouse lien andbegin delete obtains
19approval fromend delete
begin insert files a notice of disposal pursuant to subparagraph
20(B) with theend insert
Department of Housing and Community Development
21to designate the mobilehome forbegin delete salvage,end deletebegin insert disposal,end insert management
22or any other person enforcing this warehouse lien shall not be
23required tobegin insert pay past or current vehicle license fees required by
24Section 18115 of the Health and Safety Code orend insert
obtain a tax
25clearance certificate, as set forth in Section 5832 of the Revenue
26and Taxation Code, provided that management notifies the county
27tax collector in the county in which the mobilehome isbegin delete located, as
28well as the Department of Housing and Community Developmentend delete

29begin insert locatedend insert of management’s intent tobegin delete enforce a warehouse lien andend delete
30 apply to have the mobilehome designated forbegin delete salvage.end deletebegin insert disposal
31after a warehouse lien sale.end insert
The written notice shall be sent to the
32county tax collectorbegin delete and the Department of Housing and
33Community Developmentend delete
no less than 10 daysbegin delete prior toend deletebegin insert afterend insert the
34begin delete intendedend delete date of the sale to enforce the lien against the begin deletemobilehome.
35The notice shall be sentend delete
begin insert mobilehomeend insert by first class mail, postage
36prepaid.

begin insert

37(B) (i) In order to dispose of a mobilehome after a warehouse
38lien sale, the management shall file a notice of disposal with the
39Department of Housing and Community Development in the form
P6    1and manner as prescribed by the department, no less than 10 days
2after the date of sale to enforce the lien against the mobilehome.

end insert
begin insert

3(ii) After filing a notice of disposal pursuant to clause (i), the
4management may dispose of the mobilehome after obtaining the
5information required by applicable laws.

end insert
begin insert

6(C) (i) Within 30 days of the date of the disposal of the
7mobilehome, the management shall submit to the Department of
8Housing and Community Development all of the following
9information required for completing the disposal process:

end insert
begin insert

10(I) Photographs identifying and demonstrating that the
11mobilehome was uninhabitable by the removal or destruction of
12all appliances and fixtures such as ovens, stoves, bathroom fixtures,
13and heating or cooling appliances prior to its being moved.

end insert
begin insert

14(II) A statement of facts as to the condition of the mobilehome
15when moved, the date it was moved, and the anticipated site of
16further dismantling or disposal.

end insert
begin insert

17(III) The name, address, and license number of the person or
18entity removing the mobilehome from the mobilehome park.

end insert
begin insert

19(ii) The information required pursuant to clause (i) shall be
20submitted under penalty of perjury.

end insert
begin insert

21(D) For purposes of this paragraph, “dispose” or “disposal”
22shall mean the removal and destruction of an abandoned
23mobilehome from a mobilehome park, thus making it unusable for
24any purpose and not subject to, or eligible for, use in the future
25as a mobilehome.

end insert

26(f) All written notices required by this section, except the notice
27in paragraph (2) of subdivision (e), shall be sent to the other party
28by certified or registered mail with return receipt requested.

29(g) Satisfaction, pursuant to this section, of the homeowner’s
30accrued or accruing responsibilities and liabilities shall not cure
31the default of the homeowner.

32

SEC. 2.  

Section 798.61 of the Civil Code is amended to read:

33

798.61.  

(a) (1) As used in this section, “abandoned
34mobilehome” means a mobilehome about which all of the
35following are true:

36(A) It is located in a mobilehome park on a site for which no
37rent has been paid to the management for the preceding 60 days.

38(B) It is unoccupied.

39(C) A reasonable person would believe it to be abandoned.

40(D) It is not permanently affixed to the land.

P7    1(2) As used in this section:

2(A) “Mobilehome” shall include a trailer coach, as defined in
3Section 635 of the Vehicle Code, or a recreational vehicle, as
4defined in Section 18010 of the Health and Safety Code, if the
5trailer coach or recreational vehicle also satisfies the requirements
6of paragraph (1), including being located on any site within a
7mobilehome park, even if the site is in a separate designated section
8pursuant to Section 18215 of the Health and Safety Code.

9(B) “Abandoned mobilehome” shall include a mobilehome that
10is uninhabitable because of its total or partial destruction that
11cannot be rehabilitated, if the mobilehome also satisfies the
12requirements of paragraph (1).

13 (C) “Dispose” or “disposal” shall mean the removal and
14destruction of an abandoned mobilehome from a mobilehome park,
15thus making it unusable for anybegin delete purpose.end deletebegin insert purpose and not subject
16to, or eligible for, use in the future as a mobilehome.end insert

17(b) After determining a mobilehome in a mobilehome park to
18be an abandoned mobilehome, the management shall post a notice
19of belief of abandonment on the mobilehome for not less than 30
20days, and shall deposit copies of the notice in the United States
21mail, postage prepaid, addressed to the homeowner at the last
22known address and to any known registered owner, if different
23from the homeowner, and to any known holder of a security interest
24in the abandoned mobilehome. This notice shall be mailed by
25registered or certified mail with a return receipt requested.

26(c) (1) Thirty or more days following posting pursuant to
27subdivision (b), the management may file a petition in the superior
28court in the county in which the mobilehome park is located, for
29a judicial declaration of abandonment of the mobilehome. A
30proceeding under this subdivision is a limited civil case. Copies
31of the petition shall be served upon the homeowner, any known
32registered owner, and any known person having a lien or security
33interest of record in the mobilehome by posting a copy on the
34mobilehome and mailing copies to those persons at their last known
35addresses by registered or certified mail with a return receipt
36requested in the United States mail, postage prepaid.

37(2) To dispose of an abandoned mobilehome pursuant to
38subdivision (f), the management shall also do all of the following:

39(A) Declare in the petition that the management will dispose of
40the abandoned mobilehome, and therefore will not seek a tax
P8    1clearance certificate as set forth in Section 5832 of the Revenue
2and Taxation Code.

3(B) Declare in the petition whether the management intends to
4sell the contents of the abandoned mobilehome before its disposal.

5(C) Notify the county tax collector in the county in which the
6mobilehome park is locatedbegin delete and the Department of Housing and
7Community Developmentend delete
of the declaration that management will
8dispose of the abandoned mobilehome by sending a copy of the
9petition by first class mail.

begin insert

10(D) Declare in the petition that management intends to file a
11notice of disposal with the Department of Housing and Community
12Development and complete the disposal process consistent with
13the requirements of subdivision (f).

end insert

14(d) (1) Hearing on the petition shall be given precedence over
15other matters on the court’s calendar.

16(2) If, at the hearing, the petitioner shows by a preponderance
17of the evidence that the criteria for an abandoned mobilehome has
18been satisfied and no party establishes an interest therein at the
19hearing and tenders all past due rent and other charges, the court
20shall enter a judgment of abandonment, determine the amount of
21charges to which the petitioner is entitled, and award attorney’s
22fees and costs to the petitioner. For purposes of this subdivision,
23an interest in the mobilehome shall be established by evidence of
24a right to possession of the mobilehome or a security or ownership
25interest in the mobilehome.

26(3) A default may be entered by the court clerk upon request of
27the petitioner, and a default judgment shall be thereupon entered,
28if no responsive pleading is filed within 15 days after service of
29the petition by mail.

30(e) To sell an abandoned mobilehome, the management shall
31do all of the following:

32(1) (A) Within 10 days following a judgment of abandonment,
33the management shall enter the abandoned mobilehome and
34complete an inventory of the contents and submit the inventory to
35the court.

36(B) During this period the management shall post and mail a
37notice of intent to sell the abandoned mobilehome and its contents
38under this section, and announcing the date of sale, in the same
39manner as provided for the notice of determination of abandonment
40under subdivision (b). The management shall also provide notice
P9    1to the county tax collector in the county in which the mobilehome
2park isbegin delete located and the Department of Housing and Community
3Development.end delete
begin insert located.end insert

4(C) At any time prior to the sale of an abandoned mobilehome
5or its contents under this section, any person having a right to
6possession of the abandoned mobilehome may recover and remove
7it from the premises upon payment to the management of all rent
8or other charges due, including reasonable costs of storage and
9other costs awarded by the court. Upon receipt of this payment
10and removal of the abandoned mobilehome from the premises
11pursuant to this paragraph, the management shall immediately file
12an acknowledgment of satisfaction of judgment pursuant to Section
13724.030 of the Code of Civil Procedure.

14(2) Following the judgment of abandonment, but not less than
1510 days following the notice of sale specified in paragraph (1), the
16management may conduct a public sale of the abandoned
17mobilehome, its contents, or both. The management may bid at
18the sale and shall have the right to offset its bids to the extent of
19the total amount due it under this section. The proceeds of the sale
20shall be retained by the management, but any unclaimed amount
21thus retained over and above the amount to which the management
22is entitled under this section shall be deemed abandoned property
23and shall be paid into the treasury of the county in which the sale
24took place within 30 days of the date of the sale. The former
25homeowner or any other owner may claim any or all of that
26unclaimed amount within one year from the date of payment to
27the county by making application to the county treasurer or other
28official designated by the county. If the county pays any or all of
29that unclaimed amount to a claimant, neither the county nor any
30officer or employee of the county is liable to any other claimant
31as to the amount paid.

begin delete

32(3) Within 30 days of the date of the sale of the abandoned
33mobilehome and its contents, the management shall submit to the
34court an accounting of the moneys received from the sale and the
35disposition of the money and the items contained in the inventory
36submitted to the court pursuant to paragraph (1).

end delete
begin delete

37(4)

end delete

38begin insert(3)end insert The management shall provide the purchaser at the sale of
39an abandoned mobilehome with a copy of the judgment of
40abandonment and evidence of the sale, as shall be specified by the
P10   1Department of Housing and Communitybegin delete Development or the
2Department of Motor Vehicles,end delete
begin insert Development,end insert which shall register
3title in the abandoned mobilehome to the purchaser upon
4presentationbegin delete thereof.end deletebegin insert thereof within 20 days of purchase.end insert The sale
5shall pass title to the purchaser free of any prior interest, including
6any security interest or lien, except the lien provided for in Section
718116.1 of the Health and Safety Code, in the abandoned
8mobilehome.

9(f) To dispose of an abandoned mobilehome, the management
10shall do all of the following:

11(1) (A) Within 10 days following a judgment of abandonment,
12the management shall enter the abandoned mobilehome and
13complete an inventory of the contents and submit the inventory to
14the court.

15(B) During this period the management shall post and mail a
16notice of intent to dispose of the abandoned mobilehome and its
17contents under this section, and announcing the date of disposal,
18in the same manner as provided for the notice of determination of
19abandonment under subdivision (b). The management shall also
20provide notice to the county tax collector in the county in which
21the mobilehome park isbegin delete located and the Department of Housing
22and Community Development.end delete
begin insert located.end insert

begin insert

23(C) (i) The management shall file a notice of disposal with the
24Department of Housing and Community Development in the form
25and manner as prescribed by the department.

end insert
begin insert

26(ii) Notwithstanding any other law, when filing a notice of
27disposal pursuant to clause (i), the management shall not be
28required to pay past or current vehicle license fees required by
29Section 18115 of the Health and Safety Code or obtain a tax
30clearance certificated as set forth in Section 5832 of the Revenue
31and Taxation Code, provided that the management notifies the
32county tax collector in the county in which the mobilehome is
33located of the management’s intent to apply to have the
34mobilehome designated for disposal pursuant to this subdivision.
35The written notice shall be sent to the county tax collector no less
36than 10 days after the date of the abandonment judgment by first
37class mail, postage prepaid.

end insert
begin delete

38(C)

end delete

39begin insert(D)end insert At any time prior to the disposal of an abandoned
40mobilehome or its contents under this section, any person having
P11   1a right to possession of the abandoned mobilehome may recover
2and remove it from the premises upon payment to the management
3of all rent or other charges due, including reasonable costs of
4storage and other costs awarded by the court. Upon receipt of this
5payment and removal of the abandoned mobilehome from the
6premises pursuant to this subparagraph, the management shall
7immediately file an acknowledgment of satisfaction of judgment
8pursuant to Section 724.030 of the Code of Civilbegin delete Procedure.end delete
9begin insert Procedure and a cancellation of the notice of disposal with the
10Department of Housing and Community Development.end insert

11(2) Following the judgment ofbegin delete abandonment,end deletebegin insert abandonment and
12approval of the notice of disposal by the Department of Housing
13and Community Development,end insert
but not less than 10 days following
14the notice of disposal specified in paragraph (1), the management
15may dispose of the abandonedbegin delete mobilehome.end deletebegin insert mobilehome after
16obtaining the information required in subparagraph (A) of
17paragraph (3).end insert

18(3) (A) Within 30 days of the date of the disposal of an
19abandoned mobilehome and its contents, the management shall
20begin delete submitend deletebegin insert do both of the following:end insert

21begin insert (i)end insertbegin insertend insertbegin insertSubmitend insert to thebegin delete court,end deletebegin insert court andend insert the county tax collector in
22the county in which the mobilehome park is locatedbegin delete, and the
23Department of Housing and Community Developmentend delete
a statement
24that the abandoned mobilehome and its contents were disposed
25with supporting documentation.

begin insert

26(ii) (I) Submit to the Department of Housing and Community
27Development all of the following information required for
28completing the disposal process:

end insert
begin insert

29(ia) Photographs identifying and demonstrating that the
30mobilehome was uninhabitable by the removal or destruction of
31all appliances and fixtures such as ovens, stoves, bathroom fixtures,
32and heating or cooling appliances prior to its being moved.

end insert
begin insert

33(ib) A statement of facts as to the condition of the mobilehome
34when moved, the date it was moved, and the anticipated site of
35further dismantling or disposal.

end insert
begin insert

36(ic) The name, address, and license number of the person or
37entity removing the mobilehome from the mobilehome park.

end insert
begin insert

38(II) The information required pursuant to subclause (I) shall
39be submitted under penalty of perjury.

end insert

P12   1(B) Within 30 days of the date of the disposal of an abandoned
2mobilehome or the date of the sale of its contents, whichever date
3is later, the management shall submit to thebegin delete court,end deletebegin insert court andend insert the
4county tax collector in the county in which the mobilehome park
5isbegin delete located, and the Department of Housing and Community
6Developmentend delete
begin insert locatedend insert an accounting of the moneys received from
7the sale and the disposition of the money and the items contained
8in the inventory submitted to the court pursuant to paragraph (1)
9and a statement that the abandoned mobilehome was disposed with
10supporting documentation.

begin delete

11(4) The management shall obtain a salvage title from the
12Department of Housing and Community Development prior to
13disposal.

end delete

14(g) Notwithstanding any other law, the management shall not
15be required to obtain a tax clearance certificate, as set forth in
16Section 5832 of the Revenue and Taxation Code, to dispose of an
17abandoned mobilehome and its contents pursuant to subdivision
18(f). However, any sale pursuant to this section shall be subject to
19thebegin insert registration requirements of Section 18100.5 of the Health and
20Safety Code and theend insert
tax clearance certificate requirements of
21Section 18092.7 of the Health and Safety Code.

22begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18080.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

18080.5.  

(a) A numbered report of sale, lease, or rental form
25issued by the department shall be submitted each time the following
26transactions occur by or through a dealer:

27(1) Whenever a manufactured home, mobilehome, or
28commercial coach previously registered pursuant to this part is
29sold, leased with an option to buy, or otherwise transferred.

30(2) Whenever a manufactured home, mobilehome, or
31commercial coach not previously registered in this state is sold,
32rented, leased, leased with an option to buy, or otherwise
33transferred.

34(b) The numbered report of sale, lease, or rental forms shall be
35used and distributed in accordance with the following terms and
36conditions:

37(1) A copy of the form shall be delivered to the purchaser.

38(2) All fees and penalties due for the transaction that were
39required to be reported with the report of sale, lease, or rental form
40shall be paid to the department within 10 calendar days from the
P13   1date the transaction is completed, as specified by subdivision (e).
2Penalties due for noncompliance with this paragraph shall be paid
3by the dealer. The dealer shall not charge the consumer for those
4penalties.

5(3) Notice of the registration or transfer of a manufactured home
6or mobilehome shall be reported pursuant to subdivision (d).

7(4) The original report of sale, lease, or rental form, together
8with all required documents to report the transaction or make
9application to register or transfer a manufactured home,
10mobilehome, or commercial coach, shall be forwarded to the
11department. Any application shall be submitted within 10 calendar
12days from the date the transaction was required to be reported, as
13defined by subdivision (e).

14(c) A manufactured home, mobilehome, or commercial coach
15displaying a copy of the report of sale, lease, or rental may be
16occupied without registration decals or registration card until the
17registration decals and registration card are received by the
18purchaser.

19(d) In addition to the other requirements of this section, every
20dealer upon transferring by sale, lease, or otherwise any
21manufactured home or mobilehome shall, not later than the 10th
22calendar day thereafter, not counting the date of sale, give written
23notice of the transfer to the assessor of the county where the
24 manufactured home or mobilehome is to be installed. The written
25notice shall be upon forms provided by the department containing
26any information that the department may require, after consultation
27with the assessors. Filing of a copy of the notice with the assessor
28in accordance with this section shall be in lieu of filing a change
29of ownership statement pursuant to Sections 480 and 482 of the
30Revenue and Taxation Code.

31(e) Except for transactions subject to Section 18035.26, for
32purposes of this section, a transaction by or through a dealer shall
33be deemed completed and consummated and any fees and the
34required report of sale, lease, or rental are due when any of the
35following occurs:

36(1) The purchaser of any commercial coach has signed a
37purchase contract or security agreement or paid any purchase price,
38the lessee of a new commercial coach has signed a lease agreement
39or lease with an option to buy or paid any purchase price, or the
40lessee of a used commercial coach has either signed a lease with
P14   1an option to buy or paid any purchase price, and the purchaser or
2lessee has taken physical possession or delivery of the commercial
3coach.

4(2) For sales subject to Section 18035, when all the amounts
5other than escrow fees and amounts for uninstalled or undelivered
6accessories are disbursed from the escrow account.

7(3) For sales subject to Section 18035.2, when the installation
8is complete and a certificate of occupancy is issued.

begin insert

9(f) The department shall charge a fee, not to exceed forty-five
10dollars ($45), for processing the notice of disposal and any
11information required for completing the disposal process required
12pursuant to Section 798.56a and 798.61 of the Civil Code.

end insert
13begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

end insert


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