Assembly Bill No. 203–Committee on Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to manufactured housing; requiring a responsible managing employee or salesman to complete certain requirements for continuing education as a condition for the renewal of his license; 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:

 

   Section 1. NRS 489.285 is hereby amended to read as follows:

   489.285  1.  The division shall adopt regulations concerning

 continuing education requirements for installers, rebuilders and

 servicemen of mobile homes [.] , and responsible managing employees

 and salesmen. The regulations must include the:

   (a) Criteria for determining what qualifies as continuing education;

   (b) Criteria for approving educational and training programs;

   (c) Requirements for submitting evidence of completion; and

   (d) Grounds and procedures for granting an extension of time within

 which to comply with continuing education requirements.

   2.  In adopting regulations pursuant to subsection 1, the division shall:

   (a) Allow for alternative subjects, instructors, schools and sources of

 programs, with consideration for specialized areas of practice, availability

 and proximity of resources to the licensees and applicants, and the time

 and expense required to participate in the programs.

   (b) Approve courses offered by generally accredited educational

 institutions and private vocational schools if those courses otherwise

 qualify as continuing education.

   (c) Approve training and educational programs and seminars offered by:

     (1) Individual sponsors;

     (2) Manufactured housing firms and businesses such as dealers,

 installers, rebuilders, servicemen, manufacturers of manufactured homes

 and suppliers of the various components for constructing homes, including

 heating and air-conditioning systems, material for roofing and siding,

 skirting, awnings and other components;

     (3) Professional and industry-related organizations; and

     (4) Other organized educational programs concerning technical or

 specialized subjects, including in-house training programs offered by an

 employer for his employees and participation in meetings and conferences

 of industry-related organizations.

   (d) Solicit advice and assistance from persons and organizations that are

 knowledgeable in the construction, sale, installation, rebuilding and

 servicing of manufactured homes and the method of educating licensees.

   3.  The division is not responsible for the costs of any continuing

 education program, but may participate in the funding of those programs

 subject to legislative appropriations.

   4.  As used in this section, “industry-related organizations” includes,

 without limitation, the:

   (a) National Manufactured Housing Federation;

   (b) Manufactured Housing Institute;

   (c) Nevada Mobilehome Park Owners Association;

   (d) Nevada Association of Manufactured Homeowners;

   (e) Nevada Association of Realtors; and

   (f) Any other organization approved by the division.

   Sec. 2.  NRS 489.323 is hereby amended to read as follows:

   489.323  If a licensee is an installer, rebuilder or serviceman of mobile

 homes, or a responsible managing employee or salesman, the division

 shall not renew a license issued to that licensee until the licensee has

 submitted proof satisfactory to the division that he has, during the 2-year

 period immediately preceding the renewal of the license, completed at

 least 8 hours of continuing education approved by the division pursuant to

 NRS 489.285.

   Sec. 3.  NRS 489.4971 is hereby amended to read as follows:

   489.4971  1.  The account for education and recovery relating to

 manufactured housing is hereby created within the fund for manufactured

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

 purchasers of manufactured homes, mobile homes or commercial

 coaches against persons licensed pursuant to the provisions of this

 chapter. Any balance in the account over $500,000 at the end of any fiscal

 year must be set aside and used by the administrator for education

 [respecting] relating to manufactured homes, mobile homes, travel trailers

 or commercial coaches.

   2.  Upon the issuance or renewal of the following licenses by the

 division, the licensee must pay in addition to the original or renewal

 license fee, a fee:

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

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

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

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

   (c) For an original or renewal license for:

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

     (2) A salesman, of $25.

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

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

 this section must be deposited in the state treasury for credit to the

 account.

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

 persons] the claim of a purchaser specified in subsection 1 against a

 person who is licensed pursuant to this chapter must be made only upon

 an appropriate court order[.] that is issued in an action for fraud,

 misrepresentation or deceit relating to an act for which a license is

 required pursuant to this chapter.

   Sec. 4.  NRS 489.4975 is hereby amended to read as follows:

   489.4975  1.  [When any person] If a purchaser of a manufactured

 home, mobile home or commercial coach obtains a final judgment in any

 court of competent jurisdiction against any licensee under this chapter in

 an action [for fraud, misrepresentation or deceit,] specified in subsection 3

 of NRS 489.4971, the judgment creditor may, upon the termination of all

 proceedings, including appeals in connection with any judgment, file a

 verified petition in the court in which the judgment was entered for an

order directing payment [out of] from the account in the amount of actual

damages included in the judgment and unpaid, but not more than $25,000

 per [claimant] judgment and the liability of the account may not exceed

 $100,000 for any licensee.

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

 affidavit of service filed with the court. The petition and each copy of the

 petition served pursuant to this subsection must set forth the grounds

 which entitle the judgment creditor to recover from the account and

 must include a copy of:

   (a) The final judgment specified in subsection 1;

   (b) The complaint upon which the final judgment was entered; and

   (c) If assets are known to exist, the writ of execution that was returned

 unsatisfied.

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

 and, upon the hearing of the petition, the judgment creditor must show

 that:

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

 representative of that spouse.

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

 489.4989, inclusive.

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

 stating the amount of the judgment and the amount owing on it at the date

 of the petition.

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

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

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

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

 the judgment, stating the amount so realized and the balance remaining

 due.

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

 ascertain whether the judgment debtor possesses real or personal property

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

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

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

 judgment.

   Sec. 5.  NRS 489.551 is hereby amended to read as follows:

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

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

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

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

 transferee shall write their signatures with ink upon the certificate of

 ownership issued for the manufactured home, mobile home or commercial

 coach, together with the residence address of the transferee, in the

 appropriate spaces provided upon the reverse side of the certificate. Each

 signature written upon a certificate of ownership pursuant to the

 provisions of this section must be notarized.

   Sec. 6.  The amendatory provisions of sections 1 and 2 of this act do

 not apply to a responsible managing employee or salesman whose license

 is renewed before July 1, 2002.

   Sec. 7.  This act becomes effective upon passage and approval.

 

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