Assembly Bill No. 105–Committee on Commerce and Labor

(On Behalf of Real Estate Division)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises fees that may be collected for regulation of persons who sell time shares. (BDR 10-741)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to time shares; authorizing the real estate administrator to establish fees for the examination of an applicant for a sales agent’s license; providing for the collection of fees related to the accreditation of courses of continuing education for sales agents; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 119A.210 is hereby amended to read as follows:

1-2 119A.210 1. The administrator shall issue a sales agent’s license to

1-3 each applicant who submits an application to the division, in the manner

1-4 provided by the division, which includes:

1-5 (a) Satisfactory evidence, affirmed by the project broker or another

1-6 acceptable source, that the applicant has completed 14 hours of instruction

1-7 in:

1-8 (1) Ethics.

1-9 (2) The applicable laws and regulations relating to time shares.

1-10 (3) Principles and practices of selling time shares.

1-11 (b) Satisfactory evidence that he has a reputation for honesty,

1-12 trustworthiness and competence.

1-13 (c) A designation of the developer for whom he proposes to sell time

1-14 shares.

1-15 (d) The social security number of the applicant.

2-1 (e) Any further information required by the division, including the

2-2 submission by the applicant to any investigation by the police or the

2-3 division.

2-4 2. In addition to or in lieu of the 14 hours of instruction required by

2-5 paragraph (a) of subsection 1, the applicant may be required to pass an

2-6 examination which may be adopted by the division to examine

2-7 satisfactorily the knowledge of the applicant in those areas of instruction

2-8 listed in paragraph (a) of subsection 1. The administrator may adopt

2-9 regulations establishing a fee for the examination and such other fees as

2-10 are necessary for the administration of the examination.

2-11 3. The application must be accompanied by the statement required

2-12 pursuant to NRS 119A.263 and a fee of $75. The fee must be used by the

2-13 division to pay the costs of investigating, acting upon and reviewing

2-14 applications for sales agents’ licenses.

2-15 4. A person who is licensed as a salesman pursuant to chapter 645 of

2-16 NRS is not required to obtain a license pursuant to the provisions of this

2-17 section.

2-18 5. Upon the issuance of a license to an applicant, the applicant must

2-19 pay a fee of $100 for the license and an additional fee of $25 for

2-20 investigation.

2-21 6. Each sales agent’s license issued pursuant to this section expires 2

2-22 years after the last day of the calendar month in which it was issued and

2-23 must be renewed on or before that date. Each licensee must pay a renewal

2-24 fee of $100.

2-25 7. If a sales agent fails to pay the renewal fee before the expiration of

2-26 his license, the license may be reinstated if the licensee pays a

2-27 reinstatement fee of $50 and the renewal fee within 1 year after the license

2-28 expires.

2-29 8. The administrator may adopt regulations establishing and governing

2-30 requirements for the continuing education of sales agents.

2-31 Sec. 2. NRS 119A.360 is hereby amended to read as follows:

2-32 119A.360 1. The division shall collect the following fees at such

2-33 times and upon such conditions as it may provide by regulation:

2-34 Application fee for preliminary permit to sell time shares $250

2-35 Application fee for registration of representative 65

2-36 For renewal of registration of representative 65

2-37 Application fee for transfer of registration of representative to

2-38 different developer or location 20

2-39 For reinstatement of registration of representative 25

2-40 For each permit to sell time shares, per subdivision 500

2-41 For each amendment to a public offering statement after the

2-42 issuance of the report 100

3-1 For renewal of a permit 500

3-2 For the original accreditation of a course of continuing

3-3 education for sales agents that may be required by the

3-4 administrator in accordance with regulations adopted

3-5 pursuant to NRS 119A.210 $50

3-6 For the renewal of an accreditation of a course of

3-7 continuing education for sales agents that may be

3-8 required by the administrator in accordance with

3-9 regulations adopted pursuant to NRS 119A.210 50

3-10 2. Each developer shall pay an additional fee for each time share he

3-11 sells in a time-share project over 50 pursuant to the following schedule:

3-12 Amount to be

3-13 Number of time shares paid per time share

3-14 51—250 $5.00

3-15 251—500 4.00

3-16 501—750 3.00

3-17 751—1500 2.50

3-18 over 1500 1.00

3-19 3. Except for the fees relating to the registration of a representative,

3-20 the administrator may reduce the fees established by this section if the

3-21 reduction is equitable in relation to the costs of carrying out the provisions

3-22 of this chapter.

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