Assembly Bill No. 212–Committee on Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to manufactured housing; revising certain fees that fund the Account for Education and Recovery Relating to Manufactured Housing; requiring purchasers who commence an action that may result in payment from the Account to serve a copy of the complaint upon the Administrator of the Manufactured Housing Division of the Department of Business and Industry; prohibiting certain licensees from recovering damages from the Account under certain circumstances; 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 489.4971 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 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

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.] $75.

        (3) A responsible managing employee, of [$50.] $100.

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.  A payment from the Account to satisfy 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.

    4.  If a purchaser specified in subsection 1 commences an

action specified in subsection 3 against a person who is licensed

pursuant to this chapter, the purchaser must serve a copy of the

complaint upon the Administrator within 30 days after the action

is commenced.

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

    489.4975  1.  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 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 from the Account in the amount of actual damages

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

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 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.

    4.  A person licensed pursuant to this chapter shall not

recover from the Account for damages related to a transaction in

which he acted in his capacity as a licensee.

    Sec. 3.  The provisions of subsection 4 of NRS 489.4971, as

enacted by section 1 of this act, do not apply to an action that is

commenced before the effective date of this act.

    Sec. 4.  This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰³