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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
food establishment license; county reciprocity
(NOW: mobile food establishment; licensing)
(NOW: mobile homes; affidavit of affixture)
Purpose
Requires
a person who owns a mobile home that is permanently affixed to real property to
record either an affidavit of affixture or a notice of mobile home.
Background
A mobile home is a structure that is transportable in one or more sections and that, when erected on site, is more than eight feet in body width, 32 feet or more in body length and built on a permanent chassis and used as a single family dwelling or for commercial purposes with or without a permanent foundation (A.R.S. § 42-19151). A mobile home is permanently affixed when it is installed on real property that is owned by the owner of the mobile home (A.R.S. § 42-15201).
A person who owns a mobile home that is permanently affixed to real property may file an affidavit of affixture with the county recorder in the county where the real property is located. The affidavit of affixture must contain: 1) the vehicle identification numbers of the mobile home; 2) a legal description of the real property where the mobile home is affixed; 3) a statement that the mobile home has not been previously assessed and taxed as personal property in Arizona or the name and address of the person who received the last tax statement for the mobile home and the location of the mobile home; 4) the name of the holder of any security interests in the mobile home and the original principal amount secured by the security interest; and 5) an Arizona Department of Transportation receipt issued as a result of the original certificate of title or manufacturer certificate of origin being surrendered (A.R.S. § 42-15203). A mobile home that has been permanently affixed to real property and that has a properly recorded affidavit of affixture is assessed as real property (A.R.S. § 42-15202).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person who owns a mobile home that is permanently affixed to real property to record either an affidavit of affixture or a notice of mobile home with the county recorder in the county where the real property is located.
2. Requires a notice of mobile home to contain the vehicle identification number of the mobile home and the legal description of the real property on which the mobile home is located.
3. Prohibits a county recorder from charging more than $10 to record a notice of mobile home, notwithstanding any other law.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
ˇ Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Adds a notice of mobile home as an option for a mobile home owner that is permanently affixing a mobile home to real property owned by the mobile home owner to satisfy county recorder requirements.
2. Prohibits a county recorder from charging more than $10 to record a notice of mobile home and requires a notice of mobile home to contain the vehicle identification number of the mobile home and a legal description of the real property where the mobile home is located.
3. Makes technical and conforming changes.
Senate Action
APPROP 4/2/19 DPA/SE 5-4-0
Prepared by Senate Research
May 13, 2019
MG/AA/gs