NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1174
      
      
      BY REPRESENTATIVE(S) Vaad, Bradford, Casso;
      also SENATOR(S) Renfroe.
      
      
      Concerning the filing of a certificate of destruction by a person
           on whose land a manufactured home is situated when a
           governmental entity has deemed the manufactured home in
           violation of local codes.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  38-29-204 (1) (a), (2) (h), and (4), Colorado Revised
      Statutes, are amended, and the said 38-29-204 (1) is further amended BY
      THE ADDITION OF A NEW PARAGRAPH, to read:
      
           38-29-204.  Certificate of destruction.  (1) (a)  If a manufactured
      home is destroyed, dismantled, or sold or otherwise disposed of as salvage
      on or after July 1, 2008, the owner of the manufactured home or the
      person on whose real property the manufactured home is situated
      shall file a certificate of destruction.
      
           (d) (I)  Notwithstanding any other provision of law, if a
      manufactured home has been deemed materially dangerous or
      materially hazardous, pursuant to local building or health codes
      by a governmental entity, the person on whose real property the
      manufactured home is situated may file and record a certificate
      of destruction without attaching a certificate of taxes due or an
      authentication of paid ad valorem taxes and without
      surrendering a certificate of title or filing an application to
      cancel a certificate of title.  Any certificate of destruction filed
      and recorded pursuant to this paragraph (d) shall be accompanied
      by the evidence of violation.
      
           (II)  The certificate of destruction and the evidence of
      violation shall be filed and recorded with the clerk and recorder
      for the county or city and county in which the manufactured
      home is or was located.  The clerk and recorder shall file and
      record the certificate of destruction and the evidence of
      violation in his or her office.
      
           (III)  For purposes of this paragraph (d):
      
           (A)  "Evidence of violation" means a notice and order from
      a governmental entity that a manufactured home has been deemed
      materially dangerous or materially hazardous pursuant to local
      building or health codes and that all applicable cure periods have
      expired.
      
           (B)  "Governmental entity" means any federal agency, the
      state, or any county, town, city, or city and county.
      
           (2)  The property tax administrator shall establish the form of the
      certificate of destruction.  In addition to any other information that the
      administrator may require, the certificate shall include the following:
      
           (h)  Consent of all lienholders to the destruction of the manufactured
      home, or proof that a request for such consent was sent by certified mail to
      such lienholders, along with proof that a copy of the request for
      such consent was mailed to the owner if the certificate of
      destruction is filed by the person on whose real property the
      manufactured home is situated, at their last-known address and a
      notarized declaration, signed under penalty of perjury, that no response was
      received from any such lienholders within thirty days of the date of the
      mailing of the notice;
      
           (4)  Any owner or person on whose real property the
      manufactured home is situated who fails to file a properly completed
      certificate of destruction when required pursuant to this section shall be
      responsible for all actual damages sustained by any affected party related
      to the manufactured home being destroyed, dismantled, or sold or otherwise
      disposed of as salvage.
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2011, if adjournment sine die is on May 11, 2011); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part shall not take effect unless
      approved by the people at the general election to be held in November 2012
      and shall take effect on the date of the official declaration of the vote
      thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO