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HB0056 • 2017

Mobile homes-title status upon permanent foundation.

AN ACT relating to mobile homes; specifying procedures to surrender and cancel the title of a mobile home that has been installed on a permanent foundation; and providing for effective dates.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Lindholm
Last action
2017-03-06
Official status
enrolled
Effective date
3/2/2017

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0056H3001

3rd reading • Furphy

Failed

Plain English: Failed 3rd reading by Furphy

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0056HS001

Standing Committee • HCorporations

Adopted

Plain English: Adopted Standing Committee by HCorporations

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0056SS001

Standing Committee • SCorporations

Adopted

Plain English: Adopted Standing Committee by SCorporations

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2017-03-06 Governor

    Governor Signed HEA No. 0062

  2. 2017-03-06 LSO

    Assigned Chapter Number

  3. 2017-02-27 Senate

    S President Signed HEA No. 0062

  4. 2017-02-27 House

    H Speaker Signed HEA No. 0062

  5. 2017-02-24 LSO

    Assigned Number HEA No. 0062

  6. 2017-02-24 House

    H Concur:Passed 60-0-0-0-0

  7. 2017-02-22 House

    H Received for Concurrence

  8. 2017-02-22 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  9. 2017-02-21 Senate

    S 2nd Reading:Passed

  10. 2017-02-16 Senate

    S COW:Passed

  11. 2017-02-14 Senate

    S Placed on General File

  12. 2017-02-14 Senate

    S07 - Corporations:Recommend Amend and Do Pass 4-0-1-0-0

  13. 2017-02-01 Senate

    S Introduced and Referred to S07 - Corporations

  14. 2017-01-31 Senate

    S Received for Introduction

  15. 2017-01-30 House

    H 3rd Reading:Passed 58-2-0-0-0

  16. 2017-01-27 House

    H 2nd Reading:Passed

  17. 2017-01-26 House

    H COW:Passed

  18. 2017-01-24 House

    H Placed on General File

  19. 2017-01-24 House

    H07 - Corporations:Recommend Amend and Do Pass 8-1-0-0-0

  20. 2017-01-12 House

    H Introduced and Referred to H07 - Corporations

  21. 2017-01-09 House

    H Received for Introduction

  22. 2016-12-22 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0056
Effective
:
Multiple
Dates

LSO No.:
17LSO-0166

Enrolled Act No.:
HEA No. 0062

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Lindholm

Catch Title:
Mobile homes-title status upon permanent foundation.

Subject:
Creating p
rocedures to surrender and cancel the title of a mobile home that has been installed on a permanent foundation
.

Summary/Major Elements:
U
nder current law a mobile home installed upon a permanent foundation may be taxed as real property upon surrender of the title to the county clerk
.

This bill
creates a method for an owner of a mobile home that is installed on a permanent foundation,
when the owner's
certificate of title
,
manufacturer's certificate of origin
or
other relevant documentation
is unavailable,
to
obtain a title for immediate
surrender to and cancellation by the county clerk
.

To obtain a title for immediate
surrender
and cancellation
,
an

owner seeking the title

must provide an affidavit, which includes a statement as to
the unavailability of the certificate of title, manufacturer's certificate of origin or other relevant documentation and to the mobile home's permanent affixation to real property.

The Department of Transportation
shall
develop the affidavit form. The Department
shall
also develop an acknowledgment form
that
a mobile home owner
applying for a
title must include if that mobile home owner
is not the owner of the real property on which the mobile home is permanently affixed
.

The bill requires payment of title and recording f
ees
before a county clerk may record the surrendered, cancelled title.

Comments:
For the purpose of allowing
the Department of Transportation
time
to develop forms necessary to implement the bill, there is an immediate effective date. The rest of the bill is effective July 1, 2017.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text 
ORIGINAL
House
ENGROSSED
Bill No
.
HB0056

ENROLLED ACT
NO. 62,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to mobile homes; specifying procedures to surrender and cancel the title of a mobile home that has been installed on a permanent foundation; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 31
‑
2
‑
502(
b)
and by creating a new subsection (c)
is
amended to read:

31
‑
2
‑
502
.

Exclusions.

(b)

If a mobile home is installed on a permanent foundation and is taxable as real property
:
,

(i)

T
he certificate of title or manufacturer's certificate of origin, if any, shall be surrendered to and cancelled by the county clerk of the county in which the mobile home is located except that no title shall be cancelled under this subsection unless all liens on the home have been released. The county clerk may require the person surrendering the title for cancellation to disclose information necessary to determine whether cancellation is proper under law.

The county clerk shall issue a document certifying the cancellation of the certificate of title for recording in the
real estate
records
of the county clerk

of
the county i
n which the
mobile
home is located
;

(ii)

If the certificate of title or manufacturer's certificate of origin is unavailable then u
pon
filing
with
the county clerk

a sworn affidavit in accordance with this paragraph and an acknowledgment if required by subsection (c) of this section,
the clerk shall issue a title for the purpose of immediate
surrender

to and cancell
ation
by the county clerk
.

The affidavit required
under this paragraph shall be on a
form prescribed by the department
.
T
h
e affiant shall attest to the unavailability of the
certificate of
title, manufacturer's certificate of origin or
other
relevant
documentation
and to the mobile home's permanent affixation to the real property
.

The
surrendered title and
affidavit shall be recorded in the
real estate
records
of the county clerk
of the county in which the
mobile
home is located upon payment of
the title
fee under W.S. 31
‑
3
‑
102
(a)
(vii)
and recording fees
under W.S.
18
‑
3
‑
402(a)(xvi)(A)
.
The affidavit
form
shall:

(A)

Include a
complete description of the
mobile
home
including
its
physical address and any data plate, tags, labels or other relevant identifying documentation
;

(B)

Include a
statement that t
he
mobile
home is installed on a permanent foundation and is intended by all parties to constitute, be and remain in perpetuity a fixture to the
real p
roperty;

(C)

Include a
statement that t
he
mobile
home is taxable as real property and not as personal property;

(D)

Contain a
recital of facts and circumstances by which the
affiant
acquired the ownership and possession of the
mobile
home
including why the
affiant
is unable to provide the clerk with the
certificate of title, manufacturer's certificate of origin or other relevant documentation
;

(E)

Contain a statement that there are no known
security interests, liens or encumbrances outstanding against the
mobile
home
separate from the land
;

(F)

Contain a
statement that the a
ffiant
is the true and lawful owner of the
mobile
home
.

(c)

If an affiant under paragraph (b
)(
ii) of this section is not the owner of the real property on which the mobile home is permanently affixed, the affiant shall file with the affidavit required under paragraph (b)(ii) of this section an acknowledgment by the owner of the real property that the mobile home is installed on a permanent foundation on the real property and is intended by the owner to constitute, be and remain in perpetuity a fixture to the real property.

Section

2
.

The department
shall develop forms necessary to implement t
his act
by
July 1,
201
7
.

Section 3
.

(a)

Section 2 of this act
is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Except as provided in subsection (a) of this
section
, this act is effective July 1, 2017.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1