Assembly Bill No. 203–Committee on Commerce and Labor

 

(On Behalf of Department of Business and Industry—Manufactured Housing Division)

 

February 20, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing account for education and recovery relating to manufactured housing. (BDR 43‑560)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to manufactured housing; limiting the claims for which payments must be made from the account for education and recovery relating to manufactured housing; requiring certain signatures that are written upon a certificate of ownership of a manufactured home, mobile home or commercial coach to be notarized; 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 489.4971 is hereby amended to read as follows:

1-2    489.4971  1.  The account for education and recovery relating to

1-3  manufactured housing is hereby created within the fund for manufactured

1-4  housing [created pursuant to NRS 489.491] to satisfy the claims of

1-5  purchasers or lessees of manufactured homes, mobile homes, travel

1-6  trailers or commercial coaches against persons licensed pursuant to the

1-7  provisions of this chapter. Any balance in the account over $500,000 at the

1-8  end of any fiscal year must be set aside and used by the administrator for

1-9  education [respecting] relating to manufactured homes, mobile homes,

1-10  travel trailers or commercial coaches.

1-11    2.  Upon the issuance or renewal of the following licenses by the

1-12  division, the licensee must pay in addition to the original or renewal license

1-13  fee, a fee:

1-14    (a) For a dealer’s or manufacturer’s original license, or an original

1-15  limited dealer’s license issued pursuant to NRS 489.281, of $1,000.

1-16    (b) For a dealer’s or manufacturer’s renewal license, or a renewal

1-17  limited dealer’s license issued pursuant to NRS 489.281, of $600.

2-1    (c) For an original or renewal license for:

2-2       (1) A serviceman, rebuilder or installer, of $150.

2-3       (2) A salesman, of $25.

2-4       (3) A responsible managing employee, of $50.

2-5  Except as otherwise provided in NRS 489.265, fees collected pursuant to

2-6  this section must be deposited in the state treasury for credit to the account.

2-7    3.  [Payments] A payment from the account to satisfy [claims against

2-8  persons] the claim of a purchaser or lessee specified in subsection 1

2-9  against a person who is licensed pursuant to the provisions of this chapter

2-10  must be made only upon an appropriate court order[.] that is issued in an

2-11  action for fraud, misrepresentation or deceit relating to an act for which

2-12  a license is required pursuant to those provisions.

2-13    Sec. 2.  NRS 489.4975 is hereby amended to read as follows:

2-14    489.4975  1.  [When any person] If a purchaser or lessee of a

2-15  manufactured home, mobile home, travel trailer or commercial coach

2-16  obtains a final judgment in any court of competent jurisdiction against any

2-17  licensee under this chapter in an action [for fraud, misrepresentation or

2-18  deceit,] specified in subsection 3 of NRS 489.4971, the judgment creditor

2-19  may, upon the termination of all proceedings, including appeals in

2-20  connection with any judgment, file a verified petition in the court in which

2-21  the judgment was entered for an order directing payment [out of] from the

2-22  account in the amount of actual damages included in the judgment and

2-23  unpaid, but not more than $25,000 per claimant and the liability of the

2-24  account may not exceed $100,000 for any licensee.

2-25    2.  A copy of the petition must be served upon the administrator and an

2-26  affidavit of service filed with the court.

2-27    3.  The court shall act upon the petition within 30 days after service

2-28  and, upon the hearing of the petition, the judgment creditor must show that:

2-29    (a) He is not the spouse of the judgment debtor, or the personal

2-30  representative of that spouse.

2-31    (b) He has complied with all the requirements of NRS 489.4971 to

2-32  489.4989, inclusive.

2-33    (c) He has obtained a judgment of the kind described in subsection 1,

2-34  stating the amount of the judgment and the amount owing on it at the date

2-35  of the petition.

2-36    (d) A writ of execution has been issued upon the judgment and that no

2-37  assets of the judgment debtor liable to be levied upon in satisfaction of the

2-38  judgment could be found, or that the amount realized on the sale of any of

2-39  them [as] that were found under the execution was insufficient to satisfy

2-40  the judgment, stating the amount so realized and the balance remaining

2-41  due.

2-42    (e) He and the division have made reasonable searches and inquiries to

2-43  ascertain whether the judgment debtor possesses real or personal property

2-44  or other assets, liable to be sold or applied in satisfaction of the judgment.

2-45    (f) The petition has been filed not more than 1 year after the termination

2-46  of all proceedings, including reviews and appeals, in connection with the

2-47  judgment.

 

 

3-1    Sec. 3.  NRS 489.551 is hereby amended to read as follows:

3-2    489.551  Upon a transfer of the title to or the interest of an owner in a

3-3  manufactured home, mobile home or commercial coach [issued] for which

3-4  a certificate of ownership [under] is issued pursuant to the provisions of

3-5  this chapter, the person whose title or interest is to be transferred and the

3-6  transferee shall write their signatures with ink upon the certificate of

3-7  ownership issued for the manufactured home, mobile home or commercial

3-8  coach, together with the residence address of the transferee, in the

3-9  appropriate spaces provided upon the reverse side of the certificate. Each

3-10  signature written upon a certificate of ownership pursuant to the

3-11  provisions of this section must be notarized.

3-12    Sec. 4.  This act becomes effective upon passage and approval.

 

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