Assembly Bill No. 343–Assemblyman Carpenter
(by request)

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes related to sellers of travel, tour brokers and tour operators. (BDR 52‑881)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to travel and tourism; requiring a seller of travel to include his registration number in his advertising; requiring a seller of travel to maintain a trust account for money paid to the seller of travel by consumers; revising the definition of “seller of travel”; requiring the Consumer Affairs Division of the Department of Business and Industry to mail to a seller of travel an application for the renewal of his certificate before the expiration of his current certificate; establishing an account for a consumer to recover damages for certain actions of a seller of travel; repealing the provisions that require a seller of travel to comply with certain financial security requirements; repealing the provisions allowing a consumer to recover damages from security deposited by a seller of travel with the Division; requiring tour brokers and tour operators to register with the Division annually; requiring sellers of travel, tour brokers and tour operators to pay certain fees relating to registration; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1. Chapter 598 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 10.5, inclusive, of

2-3  this act.

2-4  Sec. 2.  “Account” means the account established pursuant to

2-5  section 6 of this act.

2-6  Sec. 3.  “Consumer” means a person who pays money to a

2-7  seller of travel for the purchase of travel services or a vacation

2-8  certificate.

2-9  Sec. 4.  A seller of travel shall include the registration

2-10  number from his certificate of registration in any advertising

2-11  conducted by, or on the behalf of, the seller of travel. The

2-12  statement must be prominently displayed in the advertisement and

2-13  be in substantially the following form in at least 10-point bold type

2-14  in a font that is easy to read:

 

2-15  Nevada Seller of Travel

2-16  Registration No. _____.

 

2-17      Sec. 5.  1.  A seller of travel shall maintain a trust account

2-18  in a bank, credit union or savings and loan association in this

2-19  state for the purpose of depositing all money that a consumer pays

2-20  to the seller of travel for the purchase of travel services or a

2-21  vacation certificate.

2-22      2.  If a consumer pays money to a seller of travel for the

2-23  purchase of travel services or a vacation certificate, the seller of

2-24  travel shall deposit all such money in the trust account maintained

2-25  by the seller of travel not later than 2 business days after the date

2-26  on which the consumer pays the money to the seller of travel.

2-27      3.  The seller of travel shall pay out of the trust account the

2-28  money paid to the seller of travel by the consumer as needed to

2-29  complete the purchase of the travel services or vacation certificate

2-30  purchased by the consumer.

2-31      Sec. 6.  1.  The Division shall administer and account

2-32  separately for the money received from each seller of travel

2-33  pursuant to the provisions of paragraph (c) of subsection 1 and

2-34  paragraph (c) of subsection 4 of NRS 598.365. The Division may

2-35  refer to the money in the account as the “Recovery Fund.”

2-36      2.  Except as otherwise provided in section 10 of this act, the

2-37  money in the account must be used to pay claims made by

2-38  consumers who are eligible for recovery from the account

2-39  pursuant to sections 7 and 8 of this act.

2-40      Sec. 7.  1.  Except as otherwise provided in subsection 5, a

2-41  consumer who is eligible for recovery from the account must file a

2-42  complaint with the Division or its designee not later than 1 year

2-43  after the scheduled date of completion of the travel purchased by

3-1  the consumer. The consumer must file the complaint on a form

3-2  established for this purpose by the Division.

3-3  2.  If the Division receives a complaint pursuant to subsection

3-4  1, the Division or its designee shall hold a hearing on the

3-5  complaint. The Division shall:

3-6  (a) Affix the time and place for the hearing; and

3-7  (b) Notify the interested parties, in writing, at least 10 days

3-8  before the date affixed for the hearing, of the time and place of the

3-9  hearing.

3-10      3.  Any testimony taken at the hearing must be considered a

3-11  part of the record of the hearing before the Division or its

3-12  designee.

3-13      4.  The hearing must be public if a request is made for a

3-14  public hearing.

3-15      5.  If a consumer has obtained a judgment in any court of

3-16  competent jurisdiction for recovery of damages against a seller of

3-17  travel, the consumer may file with the Division or its designee a

3-18  complaint for recovery of the judgment from the account. The

3-19  consumer must file the complaint not later than 2 years after

3-20  the entry of the judgment. The consumer is eligible for recovery of

3-21  the judgment from the account if:

3-22      (a) The judgment is for actual damages suffered by the

3-23  consumer as a result of:

3-24          (1) Any act of fraud or misrepresentation by the seller of

3-25  travel acting in his capacity as a seller of travel;

3-26          (2) The bankruptcy of the seller of travel;

3-27          (3) The breach of any contract entered into by the seller of

3-28  travel in his capacity as a seller of travel; or

3-29          (4) The violation by the seller of travel of any provision of

3-30  NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive,

3-31  of this act;

3-32      (b) The proceedings in connection with the judgment,

3-33  including all appeals, have terminated;

3-34      (c) The consumer files the complaint on a form established for

3-35  this purpose by the Division;

3-36      (d) The consumer submits proof satisfactory to the Division of

3-37  the judgment; and

3-38      (e) Upon obtaining payment from the account, the consumer

3-39  assigns his rights to enforce the judgment to the Division.

3-40      6.  If a consumer files a complaint pursuant to this section,

3-41  the Division or its designee shall act upon the complaint not later

3-42  than 60 days after the date on which the complaint is filed with the

3-43  Division, unless the Division:

3-44      (a) Determines that the complaint involves complex issues that

3-45  may not reasonably be resolved within 60 days; and

4-1  (b) Notifies the interested parties, in writing, that the time for

4-2  acting on the complaint will be extended. If the Division provides

4-3  such notice to the interested parties, the Division shall act upon

4-4  the complaint not later than 180 days after the date on which the

4-5  complaint is filed with the Division.

4-6  Sec. 8.  1.  Except as otherwise provided in subsection 2, a

4-7  consumer is eligible for recovery from the account if:

4-8  (a) The Division or its designee, after conducting a hearing on

4-9  a complaint filed pursuant to the provisions of subsection 1 of

4-10  section 7 of this act, finds that the consumer suffered actual

4-11  damages as a result of:

4-12          (1) Any act of fraud or misrepresentation by the seller of

4-13  travel acting in his capacity as a seller of travel;

4-14          (2) The bankruptcy of the seller of travel;

4-15          (3) The breach of any contract entered into by the seller of

4-16  travel in his capacity as a seller of travel; or

4-17          (4) The violation by the seller of travel of any provision of

4-18  NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive,

4-19  of this act; or

4-20      (b) The consumer complies with the provisions of subsection 5

4-21  of section 7 of this act for the recovery of a judgment from the

4-22  account.

4-23      2.  A consumer is not eligible for recovery from the account if:

4-24      (a) The consumer is the spouse of the seller of travel or is a

4-25  personal representative of the spouse of the seller of travel;

4-26      (b) The consumer was associated in a business relationship

4-27  with the seller of travel other than with regard to the travel

4-28  services or vacation certificate at issue;

4-29      (c) At the time the consumer paid money to the seller of travel

4-30  for the purchase of the travel services or vacation certificate at

4-31  issue, the seller of travel was not registered with the Division as

4-32  required by NRS 598.365; or

4-33      (d) The consumer is seeking recovery of losses which were

4-34  incurred by the consumer as the result of a cancellation penalty

4-35  that:

4-36          (1) Was fully disclosed and agreed to by the consumer at

4-37  the time the consumer entered into the contract for the purchase

4-38  of the travel services or vacation certificate at issue; and

4-39          (2) Was imposed against the consumer, in accordance with

4-40  the terms of the contract, after  the cancellation of the travel

4-41  services or vacation certificate at issue.

4-42      3.  If the Division or its designee finds that a consumer is

4-43  eligible for recovery from the account pursuant to this section, the

4-44  Division or its designee may pay out of the account:

5-1  (a) If the complaint was filed pursuant to subsection 1 of

5-2  section 7 of this act, the amount of actual damages suffered, but

5-3  not to exceed $10,000; or

5-4  (b) If the complaint was filed pursuant to subsection 5 of

5-5  section 7 of this act, the amount of actual damages included in the

5-6  judgment and remaining unpaid, but not to exceed $10,000.

5-7  4.  If a consumer has recovered a portion of his losses from

5-8  sources other than the account, the Division shall deduct the

5-9  amount recovered from the other sources from the amount

5-10  payable upon the claim and direct the difference to be paid from

5-11  the account.

5-12      5.  To the extent that payments are made from the account to

5-13  a consumer, the Division is subrogated to the rights of the

5-14  consumer. The Division and the Attorney General shall promptly

5-15  enforce all subrogation claims.

5-16      6.  The amount of recovery from the account based upon

5-17  claims made against any single seller of travel:

5-18      (a) Must not exceed $200,000; and

5-19      (b) For any single action of the seller of travel, must not

5-20  exceed 20 percent of the balance of the account.

5-21      Sec. 9.  1.  A seller of travel shall display conspicuously, at

5-22  each place of business of the seller of travel and on any website

5-23  maintained by the seller of travel for business purposes, a legible

5-24  and typewritten statement that notifies consumers that they may be

5-25  eligible to recover certain financial damages from the Recovery

5-26  Fund. The written statement must be in substantially the following

5-27  form:

 

5-28  RECOVERY FUND FOR CONSUMERS

5-29  DAMAGED BY SELLERS OF TRAVEL

 

5-30      You may be eligible for payment from the Recovery

5-31  Fund if you have paid money to a seller of travel registered

5-32  in this state for the purchase of travel services or a vacation

5-33  certificate and you have suffered certain financial damages

5-34  as a result of the transaction. To obtain information relating

5-35  to your rights under the Recovery Fund and the filing of a

5-36  claim for recovery from the Recovery Fund, you may

5-37  contact the Consumer Affairs Division of the Department of

5-38  Business and Industry at the following locations:

 

5-39  SOUTHERN NEVADA:  1850 East Sahara Avenue

5-40  Suite 101

5-41  Las Vegas, Nevada 89104

5-42  Phone: 702.486.7355

6-1  Fax: 702.486.7371

6-2  [email protected]

 

6-3  NORTHERN NEVADA:  4600 Kietzke Lane

6-4  Building B, Suite 113

6-5  Reno, Nevada 89502

6-6  Phone: 775.688.1800

6-7  Fax: 775.688.1803

 

6-8  2.  The Division may impose upon a seller of travel an

6-9  administrative fine of not more than:

6-10      (a) For the first violation of subsection 1, $100; and

6-11      (b) For a second or subsequent violation of subsection 1, $250.

6-12      3.  The Division shall deposit any money received pursuant to

6-13  this section in the account established pursuant to section 6 of this

6-14  act.

6-15      4.  The provisions of NRS 598.305 to 598.365, inclusive, and

6-16  sections 2 to 10, inclusive, of this act do not limit the authority of

6-17  the Division to take disciplinary action against a seller of travel.

6-18      Sec. 10.  1.  The Division shall:

6-19      (a) On or before February 1 of each year, prepare and submit

6-20  to the Director of the Legislative Counsel Bureau for transmittal

6-21  to the appropriate legislative committee if the Legislature is in

6-22  session, or to the Interim Finance Committee if the Legislature is

6-23  not in session, a statement of the condition of the account that is

6-24  prepared in accordance with generally accepted accounting

6-25  principles.

6-26      (b) Employ accountants as necessary for the performance of

6-27  the duties set forth in this section and pay any related expenses

6-28  from the money in the account. Except as otherwise provided in

6-29  subsection 3, the expenditures made by the Division pursuant to

6-30  this paragraph must not exceed $10,000 in any fiscal year.

6-31      (c) Employ or contract with persons and procure necessary

6-32  equipment, supplies and services to be paid from or purchased

6-33  with the money in the account as may be necessary to monitor or

6-34  process claims filed by consumers that may result in a recovery

6-35  from the account.

6-36      2.  Any interest earned on the money in the account must be

6-37  credited to the account. The Division may expend the interest

6-38  earned on the money in the account to increase public awareness

6-39  of the account. Except as otherwise provided in subsection 3, the

6-40  expenditures made by the Division for this purpose must not

6-41  exceed $50,000 in any fiscal year.

7-1  3.  The total expenditures made by the Division pursuant to

7-2  this section must not exceed 10 percent of the account in any fiscal

7-3  year.

7-4  4.  Once an initial balance of $200,000 exists in the account,

7-5  the Division shall maintain a minimum balance of $200,000 in the

7-6  account.

7-7  5.  The Division shall adopt such regulations as are necessary

7-8  to carry out the provisions of NRS 598.305 to 598.365, inclusive,

7-9  and sections 2 to 10, inclusive, of this act, including, without

7-10  limitation, regulations governing:

7-11      (a) The disbursement of money from the account; and

7-12      (b) The manner in which a complaint is filed with the Division

7-13  or its designee pursuant to the provisions of section 7 of this act.

7-14      Sec. 10.5.  1.  Before advertising its services or conducting

7-15  business in this state, a tour broker or tour operator must register

7-16  with the Division by:

7-17      (a) Submitting to the Division an application for registration

7-18  on a form prescribed by the Division;

7-19      (b) Paying to the Division a fee of $25; and

7-20      (c) If the tour broker or tour operator is subject to the

7-21  provisions of NRS 598.495, depositing the security required by

7-22  NRS 598.495 with the Division.

7-23      2.  The Division shall issue a certificate of registration to the

7-24  tour broker or tour operator upon receipt of:

7-25      (a) The security in the proper form as required by NRS

7-26  598.495, if the tour broker or tour operator is subject to the

7-27  provisions of NRS 598.495; and

7-28      (b) The payment of the fee required by subsection 1.

7-29      3.  A certificate of registration:

7-30      (a) Is not transferable or assignable; and

7-31      (b) Expires 1 year after it is issued.

7-32      4.  A tour broker or tour operator must renew a certificate of

7-33  registration issued pursuant to this section before the certificate

7-34  expires by:

7-35      (a) Submitting to the Division an application for the renewal

7-36  of the certificate on a form prescribed by the Division; and

7-37      (b) Paying to the Division a fee of $25.

7-38      Sec. 11.  NRS 598.0999 is hereby amended to read as follows:

7-39      598.0999  1.  A person who violates a court order or

7-40  injunction issued pursuant to the provisions of NRS 598.0903 to

7-41  598.0999, inclusive, upon a complaint brought by the

7-42  Commissioner, the Director, the district attorney of any county of

7-43  this state or the Attorney General shall forfeit and pay to the State

7-44  General Fund a civil penalty of not more than $10,000 for each

7-45  violation. For the purpose of this section, the court issuing the order

8-1  or injunction retains jurisdiction over the action or proceeding. Such

8-2  civil penalties are in addition to any other penalty or remedy

8-3  available for the enforcement of the provisions of NRS 598.0903 to

8-4  598.0999, inclusive.

8-5  2.  In any action brought pursuant to the provisions of NRS

8-6  598.0903 to 598.0999, inclusive, if the court finds that a person has

8-7  willfully engaged in a deceptive trade practice, the Commissioner,

8-8  the Director, the district attorney of any county in this state or the

8-9  Attorney General bringing the action may recover a civil penalty not

8-10  to exceed $2,500 for each violation. The court in any such action

8-11  may, in addition to any other relief or reimbursement, award

8-12  reasonable attorney’s fees and costs.

8-13      3.  A natural person, firm, or any officer or managing agent of

8-14  any corporation or association who knowingly and willfully engages

8-15  in a deceptive trade practice:

8-16      (a) For the first offense, is guilty of a misdemeanor.

8-17      (b) For the second offense, is guilty of a gross misdemeanor.

8-18      (c) For the third and all subsequent offenses, is guilty of a

8-19  category D felony and shall be punished as provided in

8-20  NRS 193.130.

8-21      4.  Any offense which occurred within 10 years immediately

8-22  preceding the date of the principal offense or after the principal

8-23  offense constitutes a prior offense for the purposes of subsection 3

8-24  when evidenced by a conviction, without regard to the sequence of

8-25  the offenses and convictions.

8-26      5.  If a person violates any provision of NRS 598.0903 to

8-27  598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305

8-28  to [598.395,] 598.365, inclusive, and sections 2 to 10, inclusive, of

8-29  this act, 598.405 to 598.525, inclusive, and section 10.5 of this act,

8-30  598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive,

8-31  fails to comply with a judgment or order of any court in this state

8-32  concerning a violation of such a provision, or fails to comply with

8-33  an assurance of discontinuance or other agreement concerning an

8-34  alleged violation of such a provision, the Commissioner or the

8-35  district attorney of any county may bring an action in the name of

8-36  the State of Nevada seeking:

8-37      (a) The suspension of the person’s privilege to conduct business

8-38  within this state; or

8-39      (b) If the defendant is a corporation, dissolution of the

8-40  corporation.

8-41  The court may grant or deny the relief sought or may order other

8-42  appropriate relief.

8-43      Sec. 12.  NRS 598.305 is hereby amended to read as follows:

8-44      598.305  As used in NRS 598.305 to [598.395,] 598.365,

8-45  inclusive, and sections 2 to 10, inclusive, of this act, unless the

9-1  context otherwise requires, the words and terms defined in NRS

9-2  [598.315] 598.325 to 598.356, inclusive, and sections 2 and 3 of

9-3  this act have the meanings ascribed to them in those sections.

9-4  Sec. 13.  NRS 598.335 is hereby amended to read as follows:

9-5  598.335  “Seller of travel” means a person who offers for sale,

9-6  directly or indirectly, transportation by air, land, rail or water, travel

9-7  services, vacation certificates or any combination thereof, to a

9-8  person or group of persons for a fee, commission or other valuable

9-9  consideration. The term:

9-10      1.  Includes any person who offers membership in a travel club

9-11  or any services related to travel for an advance fee [or payment.] ,

9-12  payment or deposit.

9-13      2.  Does not include:

9-14      (a) A person who:

9-15          (1) Contracts with a seller of travel to sell travel services or

9-16  vacation certificates on behalf of the seller of travel;

9-17          (2) Receives compensation for selling the travel services or

9-18  vacation certificates only from the seller of travel; and

9-19          (3) Requires the consumer who purchases the travel

9-20  services or vacation certificates to pay for the travel services or

9-21  vacation certificates by transmitting payment directly to the

9-22  provider of the travel services or vacation certificates or the seller

9-23  of travel;

9-24      (b) A hotel that provides or arranges travel services for its

9-25  patrons or guests;

9-26      [(b)] (c) A person who, for compensation, transports persons or

9-27  property by air, land, rail or water; [or

9-28      (c)] (d) A tour broker or tour operator who is subject to the

9-29  provisions of NRS 598.405 to 598.525, inclusive [.] , and section

9-30  10.5 of this act; or

9-31      (e) A motor club as defined in NRS 696A.050.

9-32      Sec. 13.5.  NRS 598.345 is hereby amended to read as follows:

9-33      598.345  “Travel services” includes, without limitation:

9-34      1.  Short-term leases of passenger cars;

9-35      2.  Lodging;

9-36      3.  Transfers;

9-37      4.  Sightseeing tours other than sightseeing tours for which a

9-38  tour broker or tour operator is regulated pursuant to NRS 598.405 to

9-39  598.525, inclusive [;] , and section 10.5 of this act; and

9-40      5.  Any other services that are related to travel by air, land, rail

9-41  or water , or any other method of transportation.

9-42      Sec. 14.  NRS 598.365 is hereby amended to read as follows:

9-43      598.365  1.  Before advertising its services or conducting

9-44  business in this state, a seller of travel must register with the

9-45  Division by:

10-1      (a) Submitting to the Division an application for registration on

10-2  a form prescribed by the Division;

10-3      (b) Paying to the Division a fee of $25; and

10-4      (c) [Depositing the security required pursuant to NRS 598.375,

10-5  if any, with the Division.] Paying to the Division a fee of $100 for

10-6  deposit to the account established pursuant to section 6 of this act.

10-7      2.  The Division shall issue a certificate of registration to the

10-8  seller of travel upon receipt of [:

10-9      (a) The security in the proper form if the seller of travel is

10-10  required to deposit security pursuant to NRS 598.375; and

10-11     (b) The] the payment of [the fee] any fees required by this

10-12  section.

10-13     3.  A certificate of registration:

10-14     (a) Is not transferable or assignable; and

10-15     (b) Expires 1 year after it is issued.

10-16     4.  A seller of travel must renew a certificate of registration

10-17  issued pursuant to this section before the certificate expires by:

10-18     (a) Submitting to the Division an application for the renewal of

10-19  the certificate on a form prescribed by the Division; [and]

10-20     (b) Paying to the Division a fee of $25 [.] ; and

10-21     (c) Paying to the Division a fee of $100 for deposit to the

10-22  account established pursuant to section 6 of this act.

10-23     5.  The Division shall mail an application for the renewal of a

10-24  certificate to the last known address of a seller of travel at least 30

10-25  days before the expiration of the certificate.

10-26     6.  The provisions of this section do not require a person

10-27  described in paragraph (a) of subsection 2 of NRS 598.335 to

10-28  register with the Division.

10-29     Sec. 14.3.  NRS 598.405 is hereby amended to read as follows:

10-30     598.405  As used in NRS 598.405 to 598.525, inclusive, and

10-31  section 10.5 of this act, unless the context otherwise requires, the

10-32  words and terms defined in NRS 598.416 to 598.465, inclusive,

10-33  have the meanings ascribed to them in those sections.

10-34     Sec. 14.7. NRS 598.525 is hereby amended to read as follows:

10-35     598.525  The Commissioner may adopt such regulations as the

10-36  Commissioner determines are necessary to carry out the intent of

10-37  NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act.

10-38     Sec. 15.  NRS 598.315, 598.375, 598.385 and 598.395 are

10-39  hereby repealed.

10-40     Sec. 16.  1.  Except as otherwise provided in subsections 2

10-41  and 3, the Consumer Affairs Division of the Department of Business

10-42  and Industry shall return any security deposited with the Division by

10-43  a seller of travel pursuant to NRS 598.365, as the provisions of that

10-44  section existed before October 1, 2003.

11-1      2.  The Consumer Affairs Division of the Department of

11-2  Business and Industry shall not return any security deposited with

11-3  the Division by a seller of travel pursuant to NRS 598.365, as the

11-4  provisions of that section existed before October 1, 2003, if:

11-5      (a) Before October 1, 2003, a consumer has brought an action to

11-6  recover from the security pursuant to the provisions of NRS

11-7  598.385, as the provisions of that section existed before October 1,

11-8  2003; and

11-9      (b) The proceedings in connection with the action, including all

11-10  appeals, have not terminated.

11-11     3.  If, pursuant to the provisions of subsection 2, the Consumer

11-12  Affairs Division of the Department of Business and Industry does

11-13  not return the security deposited with the Division by a seller of

11-14  travel pursuant to NRS 598.365, as the provisions of that section

11-15  existed before October 1, 2003, the Division shall return the security

11-16  to the seller of travel when all proceedings in connection with all

11-17  actions, including all appeals, brought pursuant to the provisions of

11-18  NRS 598.385 against the seller of travel have terminated.

11-19     4.  If, before October 1, 2003, a consumer files an action to

11-20  recover from the security of a seller of travel pursuant to the

11-21  provisions of NRS 598.385, as the provisions of that section existed

11-22  before October 1, 2003, the provisions of that section shall apply,

11-23  for all purposes, to that action.

11-24     Sec. 17.  1.  Notwithstanding the amendatory provisions of

11-25  this act, a consumer who is eligible to recover from the account

11-26  established pursuant to section 6 of this act may not file a complaint

11-27  with the Consumer Affairs Division of the Department of Business

11-28  and Industry sooner than January 1, 2004.

11-29     2.  The statutes of limitations set forth in section 7 of this act

11-30  are tolled for the period beginning on October 1, 2003, and ending

11-31  on December 31, 2003.

11-32     Sec. 18.  Notwithstanding the amendatory provisions of this

11-33  act, until January 1, 2004, a tour broker or tour operator may

11-34  advertise its services and conduct business in this state without

11-35  possessing a certificate of registration issued by the Consumer

11-36  Affairs Division of the Department of Business and Industry

11-37  pursuant to section 10.5 of this act, unless the Division establishes

11-38  an earlier date for compliance with the provisions of section 10.5 of

11-39  this act.

11-40     Sec. 19.  This act becomes effective:

11-41     1.  Upon passage and approval for the purposes of adopting

11-42  regulations and performing any other preparatory administrative

11-43  tasks that are necessary to carry out the provisions of this act; and

11-44     2.  On October 1, 2003, for all other purposes.

 

12-1  LEADLINES OF REPEALED SECTIONS

 

12-2      598.315  “Commissioner” defined.

12-3      598.375  Security required for registration: Form; term;

12-4  amount; records; rejection for nonconformance; change in

12-5  form; inadequate amount; exception.

12-6      598.385  Rights and remedies of injured consumers;

12-7  resolution by Division of claims against security; regulations.

12-8      598.395  Release of security if seller ceases to operate or

12-9  registration expires.

12-10  H