Full Text of HB5938 98th General Assembly
HB5938ham002 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5938
| 2 | | AMENDMENT NO. ______. Amend House Bill 5938 on page 2, line | 3 | | 6, after "if", by inserting "the wheels, axles, and towing | 4 | | hitch are removed, and"; and
| 5 | | on page 2, line 9, after the period, by inserting "The | 6 | | certification of a certified residential real estate | 7 | | appraiser, a certified general real estate appraiser, a | 8 | | licensed manufactured home installer, or a licensed | 9 | | professional engineer that the home is affixed to a permanent | 10 | | foundation shall establish conclusively that the home is | 11 | | affixed to a permanent foundation."; and | 12 | | on page 2, line 18, after "affixed", by inserting "to"; and | 13 | | on page 2, line 19, by replacing "to" with "on"; and | 14 | | on page 6, line 26, by deleting "and"; and |
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| 1 | | on page 7, by replacing line 6 with the following: | 2 | | "property records, as provided in Section 5-25 of this Act; | 3 | | and | 4 | | (8) the certification of a certified residential real | 5 | | estate appraiser, a certified general real estate | 6 | | appraiser, a licensed manufactured home installer, or a | 7 | | licensed professional engineer, as provided in Section 5-5 | 8 | | of this Act."; and | 9 | | on page 11, immediately below line 7, by inserting the | 10 | | following: | 11 | | "15. The certification, pursuant to Section 5-5 of the | 12 | | Conveyance and Encumbrance of Manufactured Homes as Real | 13 | | Property and Severance Act, of a certified residential real | 14 | | estate appraiser, a certified general real estate | 15 | | appraiser, a licensed manufactured home installer, or a | 16 | | licensed professional engineer that the home is affixed to | 17 | | a permanent foundation is attached to this Affidavit."; and | 18 | | on page 14, line 18, by replacing "5" with "5-25"; and | 19 | | on page 14, immediately below line 20, by inserting the | 20 | | following: | 21 | | "A conclusive presumption shall arise that the averments of | 22 | | the recorded affidavit of affixation establish that, for all |
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| 1 | | purposes, the manufactured home is real property."; and | 2 | | by replacing everything from line 12 on page 15 through line 1 | 3 | | on page 16 with the following: | 4 | | "Section 5-40. Exclusive procedure. The method of | 5 | | converting a manufactured home to real property set forth in | 6 | | Section 5-10 of this Act shall be exclusive, and shall supplant | 7 | | the common law of fixtures as it relates to manufactured | 8 | | homes."; and | 9 | | on page 133, line 26, after " Code ", by inserting " . The term | 10 | | "manufactured home" does not include campers and recreational | 11 | | vehicles ".
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