February 11, 2003





HOUSE BILL No. 1748

_____


DIGEST OF HB 1748 (Updated February 5, 2003 3:52 PM - DI 96)



Citations Affected: IC 9-13; IC 9-17; IC 9-29; IC 36-2.

Synopsis: Manufactured homes attached to real estate. Requires a person who holds title to a manufactured home (home) that is attached to a permanent foundation to apply for an affidavit of transfer to real estate (affidavit) with the bureau of motor vehicles. Makes the failure to apply for an affidavit a Class C infraction. Provides that upon filing of the affidavit and the certificate of title with the appropriate county recorder, the filing is deemed a conversion of the home to an improvement upon the real estate upon which it is located. Makes conforming amendments.

Effective: July 1, 2003.





Fry, Neese




    January 21, 2003, read first time and referred to Committee on Roads and Transportation.
    February 10, 2003, reported _ Do Pass.






February 11, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1748



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-96; (03)HB1748.1.1. -->     SECTION 1. IC 9-13-2-96 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 96. (a) "Manufactured home" means, except as provided in subsection (b), a structure that:
        (1) is assembled in a factory;

        (2) bears a seal certifying that it was built in compliance with the federal manufactured housing construction and safety standards law (42 U.S.C. 5401 et seq.);
        (3) is designed to be transported from the factory to another site in one (1) or more units;
        (4) is suitable for use as a dwelling in any season; and
        (5) is more than thirty-five (35) feet long.
     (b) "Manufactured home", for purposes of IC 9-17-6 , means a structure having the meaning set forth in the federal manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
SOURCE: IC 9-17-6-15.1; (03)HB1748.1.2. -->     SECTION 2. IC 9-17-6-15.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2003]: Sec. 15.1. (a) A person who holds a certificate of title or a certificate of origin for a manufactured home that is attached to real estate by a permanent foundation shall apply for an affidavit of transfer to real estate with the bureau.
    (b) An application for an affidavit of transfer to real estate must contain the following:
        (1) A full description of the manufactured home.
        (2) The:
            (A) certificate of title for the manufactured home, including a notation of any lien or encumbrance on the manufactured home; or
            (B) manufacturer's certificate of origin for the manufactured home,
if a certificate of title has not been issued for the manufactured home.
        (3) An attestation by the owner of the manufactured home that the manufactured home has been permanently attached to the real estate upon which it is located.
        (4) The following printed statement:
            "I swear or affirm that the information that I have entered on this form is correct. I understand that making a false statement on this form may constitute the crime of perjury."
        (5) The signature of the person applying for the affidavit directly under the statement set forth in subdivision (4).
        (6) Any other information required by the bureau.
    (c) The bureau shall certify information regarding the title of the manufactured home on the affidavit of transfer to real estate.

SOURCE: IC 9-17-6-15.3; (03)HB1748.1.3. -->     SECTION 3. IC 9-17-6-15.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15.3. Upon receipt from the person filing the affidavit of transfer to real estate with the accompanying certificate of title or manufacturer's certificate of origin under section 15.1 of this chapter, the recorder of the county in which the manufactured home is located shall record the affidavit in the manner required by IC 36-2-11-8 , provided that the auditor of the county has performed the endorsement required by IC 36-2-9-18.
SOURCE: IC 9-17-6-15.5; (03)HB1748.1.4. -->     SECTION 4. IC 9-17-6-15.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15.5. The filing in the appropriate county recorder's office of the affidavit of transfer to real estate with the certificate of title or manufacturer's certificate of origin under section 15.1 of this chapter is deemed a conversion of the manufactured home that

is attached to real estate by a permanent foundation to an improvement upon the real estate upon which it is located.

SOURCE: IC 9-29-4-5.5; (03)HB1748.1.5. -->     SECTION 5. IC 9-29-4-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.5. The fee for an affidavit of transfer to real estate furnished by the bureau under IC 9-17-6-15.1 is five dollars ($5).
SOURCE: IC 9-29-4-7; (03)HB1748.1.6. -->     SECTION 6. IC 9-29-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) Except as provided in subsection (b), fees for titles collected or documents furnished under this chapter shall be paid into the state general fund for credit to the motor vehicle highway account.
    (b) Fees from dealers for titles collected under this chapter shall be credited to the motor vehicle odometer fund and allocated under IC 9-29-1-5.
SOURCE: IC 36-2-11-14; (03)HB1748.1.7. -->     SECTION 7. IC 36-2-11-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. (a) The recorder may record:
         (1) a deed of partition; or
         (2) a conveyance of land; or
        (3) an affidavit of transfer to interest in land;

only if it has been endorsed by the auditor of the proper county as "duly entered for taxation subject to final acceptance for transfer", "not taxable", or "duly entered for taxation" as provided by IC 36-2-9-18.
    (b) A recorder who violates this section shall forfeit the sum of five dollars ($5), to be recovered by an action in the name of the county, for the benefit of the common school fund.