(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 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; 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:

 

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

1-2    489.285  1.  The division shall adopt regulations concerning

1-3  continuing education requirements for installers, rebuilders and servicemen

1-4  of mobile homes [.] , and responsible managing employees and salesmen.

1-5  The regulations must include the:

1-6    (a) Criteria for determining what qualifies as continuing education;

1-7    (b) Criteria for approving educational and training programs;

1-8    (c) Requirements for submitting evidence of completion; and

1-9    (d) Grounds and procedures for granting an extension of time within

1-10  which to comply with continuing education requirements.

1-11  2.  In adopting regulations pursuant to subsection 1, the division shall:

1-12  (a) Allow for alternative subjects, instructors, schools and sources of

1-13  programs, with consideration for specialized areas of practice, availability

1-14  and proximity of resources to the licensees and applicants, and the time and

1-15  expense required to participate in the programs.

1-16  (b) Approve courses offered by generally accredited educational

1-17  institutions and private vocational schools if those courses otherwise

1-18  qualify as continuing education.

2-1    (c) Approve training and educational programs and seminars offered by:

2-2       (1) Individual sponsors;

2-3       (2) Manufactured housing firms and businesses such as dealers,

2-4  installers, rebuilders, servicemen, manufacturers of manufactured homes

2-5  and suppliers of the various components for constructing homes, including

2-6  heating and air-conditioning systems, material for roofing and siding,

2-7  skirting, awnings and other components;

2-8       (3) Professional and industry-related organizations; and

2-9       (4) Other organized educational programs concerning technical or

2-10  specialized subjects, including in-house training programs offered by an

2-11  employer for his employees and participation in meetings and conferences

2-12  of industry-related organizations.

2-13  (d) Solicit advice and assistance from persons and organizations that are

2-14  knowledgeable in the construction, sale, installation, rebuilding and

2-15  servicing of manufactured homes and the method of educating licensees.

2-16  3.  The division is not responsible for the costs of any continuing

2-17  education program, but may participate in the funding of those programs

2-18  subject to legislative appropriations.

2-19  4.  As used in this section, “industry-related organizations” includes,

2-20  without limitation, the:

2-21  (a) National Manufactured Housing Federation;

2-22  (b) Manufactured Housing Institute;

2-23  (c) Nevada Mobilehome Park Owners Association;

2-24  (d) Nevada Association of Manufactured Homeowners;

2-25  (e) Nevada Association of Realtors; and

2-26  (f) Any other organization approved by the division.

2-27  Sec. 2.  NRS 489.323 is hereby amended to read as follows:

2-28  489.323  If a licensee is an installer, rebuilder or serviceman of mobile

2-29  homes, or a responsible managing employee or salesman, the division

2-30  shall not renew a license issued to that licensee until the licensee has

2-31  submitted proof satisfactory to the division that he has, during the 2-year

2-32  period immediately preceding the renewal of the license, completed at least

2-33  8 hours of continuing education approved by the division pursuant to NRS

2-34  489.285.

2-35  Sec. 3.  NRS 489.4971 is hereby amended to read as follows:

2-36  489.4971  1.  The account for education and recovery relating to

2-37  manufactured housing is hereby created within the fund for manufactured

2-38  housing [created pursuant to NRS 489.491] to satisfy the claims of

2-39  purchasers of manufactured homes, mobile homes or commercial

2-40  coaches against persons licensed pursuant to the provisions of this chapter.

2-41  Any balance in the account over $500,000 at the end of any fiscal year

2-42  must be set aside and used by the administrator for education [respecting]

2-43  relating to manufactured homes, mobile homes, travel trailers or

2-44  commercial coaches.

2-45  2.  Upon the issuance or renewal of the following licenses by the

2-46  division, the licensee must pay in addition to the original or renewal license

2-47  fee, a fee:

2-48  (a) For a dealer’s or manufacturer’s original license, or an original

2-49  limited dealer’s license issued pursuant to NRS 489.281, of $1,000.

3-1    (b) For a dealer’s or manufacturer’s renewal license, or a renewal

3-2  limited dealer’s license issued pursuant to NRS 489.281, of $600.

3-3    (c) For an original or renewal license for:

3-4       (1) A serviceman, rebuilder or installer, of $150.

3-5       (2) A salesman, of $25.

3-6       (3) A responsible managing employee, of $50.

3-7  Except as otherwise provided in NRS 489.265, fees collected pursuant to

3-8  this section must be deposited in the state treasury for credit to the account.

3-9    3.  [Payments] A payment from the account to satisfy [claims against

3-10  persons] the claim of a purchaser specified in subsection 1 against a

3-11  person who is licensed pursuant to this chapter must be made only upon an

3-12  appropriate court order[.] that is issued in an action for fraud,

3-13  misrepresentation or deceit relating to an act for which a license is

3-14  required pursuant to this chapter.

3-15  Sec. 4.  NRS 489.4975 is hereby amended to read as follows:

3-16  489.4975  1.  [When any person] If a purchaser of a manufactured

3-17  home, mobile home or commercial coach obtains a final judgment in any

3-18  court of competent jurisdiction against any licensee under this chapter in an

3-19  action [for fraud, misrepresentation or deceit,] specified in subsection 3 of

3-20  NRS 489.4971, the judgment creditor may, upon the termination of all

3-21  proceedings, including appeals in connection with any judgment, file a

3-22  verified petition in the court in which the judgment was entered for an

3-23  order directing payment [out of] from the account in the amount of actual

3-24  damages included in the judgment and unpaid, but not more than $25,000

3-25  per [claimant] judgment and the liability of the account may not exceed

3-26  $100,000 for any licensee.

3-27  2.  A copy of the petition must be served upon the administrator and an

3-28  affidavit of service filed with the court. The petition and each copy of the

3-29  petition served pursuant to this subsection must set forth the grounds

3-30  which entitle the judgment creditor to recover from the account and must

3-31  include a copy of:

3-32  (a) The final judgment specified in subsection 1;

3-33  (b) The complaint upon which the final judgment was entered; and

3-34  (c) If assets are known to exist, the writ of execution that was returned

3-35  unsatisfied.

3-36  3.  The court shall act upon the petition within 30 days after service

3-37  and, upon the hearing of the petition, the judgment creditor must show that:

3-38  (a) He is not the spouse of the judgment debtor, or the personal

3-39  representative of that spouse.

3-40  (b) He has complied with all the requirements of NRS 489.4971 to

3-41  489.4989, inclusive.

3-42  (c) He has obtained a judgment of the kind described in subsection 1,

3-43  stating the amount of the judgment and the amount owing on it at the date

3-44  of the petition.

3-45  (d) A writ of execution has been issued upon the judgment and that no

3-46  assets of the judgment debtor liable to be levied upon in satisfaction of the

3-47  judgment could be found, or that the amount realized on the sale of any of

3-48  them [as] that were found under the execution was insufficient to satisfy

4-1  the judgment, stating the amount so realized and the balance remaining

4-2  due.

4-3    (e) He and the division have made reasonable searches and inquiries to

4-4  ascertain whether the judgment debtor possesses real or personal property

4-5  or other assets, liable to be sold or applied in satisfaction of the judgment.

4-6    (f) The petition has been filed not more than 1 year after the termination

4-7  of all proceedings, including reviews and appeals, in connection with the

4-8  judgment.

4-9    Sec. 5.  NRS 489.551 is hereby amended to read as follows:

4-10  489.551  Upon a transfer of the title to or the interest of an owner in a

4-11  manufactured home, mobile home or commercial coach [issued] for which

4-12  a certificate of ownership [under] is issued pursuant to the provisions of

4-13  this chapter, the person whose title or interest is to be transferred and the

4-14  transferee shall write their signatures with ink upon the certificate of

4-15  ownership issued for the manufactured home, mobile home or commercial

4-16  coach, together with the residence address of the transferee, in the

4-17  appropriate spaces provided upon the reverse side of the certificate. Each

4-18  signature written upon a certificate of ownership pursuant to the

4-19  provisions of this section must be notarized.

4-20  Sec. 6.  The amendatory provisions of sections 1 and 2 of this act do

4-21  not apply to a responsible managing employee or salesman whose license

4-22  is renewed before July 1, 2002.

4-23  Sec. 7.  This act becomes effective upon passage and approval.

 

4-24  H