SENIOR SENATE PROPOSAL NO. 5

INTRODUCED BY SENIOR SENATOR PANKHURST

LEGISLATIVE COUNSEL'S DIGEST

SP 5: MOBILEHOME PARKS: FEES.

UNDER EXISTING LAW, SENIOR RESIDENTS WHO HAVE AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES ARE EXEMPT FROM VARIOUS PROVISIONS OF THE MOBILEHOME RESIDENCY LAW, INCLUDING, BUT NOT LIMITED TO, PROVISIONS DEFINING MOBILEHOME AND PROVISIONS GOVERNING FEES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DEFINE MOBILEHOME IN A SPECIFIED PROVISION OF THE CIVIL CODE, TO EXEMPT SENIOR RESIDENTS WHO HAVE AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES FROM PAYING THE VEHICLE LICENSE FEE.

VOTE: MAJORITY.

SP 5: RELATING TO MOBILEHOME PARKS

WHEREAS, ARTICLE 9 (COMMENCING WITH SECTION 799) OF CHAPTER 2.5 OF TITLE 2 OF PART 2 OF DIVISION 2 OF THE CIVIL CODE MAKES NO REFERENCE TO FEES AND CHARGES FOR A RESIDENT WHO HAS AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES; AND

WHEREAS, ARTICLE 9 (COMMENCING WITH SECTION 799) OF CHAPTER 2.5 OF TITLE 2 OF PART 2 OF DIVISION 2 OF THE CIVIL CODE MAKES NO REFERENCE TO THE SECTIONS OF THE REVENUE AND TAX CODE APPLICABLE TO A SENIOR RESIDENT WHO HAS AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES; AND

WHEREAS, SECTIONS 10784 AND 10785 OF THE REVENUE AND TAX CODE EXEMPT A MOBILEHOME, AS DEFINED IN SECTIONS 18008 AND 18211 OF THE HEALTH AND SAFETY CODE, FROM THE VEHICLE LICENSE FEE; AND

WHEREAS, MOBILEHOME IS DEFINED IN SECTION 798.3 OF THE CIVIL CODE, BUT THE PROVISIONS OF ARTICLE 9 (COMMENCING WITH SECTION 799) OF CHAPTER 2.5 OF TITLE 2 OF PART 2 OF DIVISION 2 OF THE CIVIL CODE ARE EXEMPT FROM THIS PROVISION AND MOBILEHOME IS NOT DEFINED FOR PURPOSES OF THOSE LATTER PROVISIONS; AND

WHEREAS, A SENIOR RESIDENT WHO HAS AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES MAY BE SUBJECT TO BOTH PROPERTY TAX AND A VEHICLE LICENSE FEE, ALTHOUGH THE MOBILEHOME AND LAND ARE SOLD AS ONE, BECAUSE MOBILEHOME IS NOT CLEARLY DEFINED IN THE PROVISIONS APPLICABLE TO THESE RESIDENTS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A DEFINITION FOR MOBILEHOME, THAT WOULD EXEMPT SENIOR RESIDENTS WHO HAVE AN OWNERSHIP INTEREST IN THE SUBDIVISION, COOPERATIVE, OR CONDOMINIUM FOR MOBILEHOMES FROM PAYING THE VEHICLE LICENSE FEE, BE ADDED TO SECTION 799 OF THE CIVIL CODE; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OP THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND TO THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13845

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