ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by adding new sections designated sections 3 through 9, following sec. 2, to read as follows:
“Sec. 3. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.
Sec. 4. As used in sections 4 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 5. “Transferee” means any person who purchases, leases or takes possession in any other manner or attempts to purchase, lease or take possession in any other manner of a manufactured home, mobile home or commercial coach or any interest therein from a transferor.
Sec. 6. “Transferor” means any person who:
1. Sells or leases or attempts to sell or lease a manufactured home, mobile home or commercial coach or any interest therein to a transferee; or
2. Transfers or attempts to transfer a manufactured home, mobile home or commercial coach or any interest therein to a transferee in any other manner.
Sec. 7. 1. Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home or commercial coach is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.
2. The disclosure described in subsection 1 is not required if:
(a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home or commercial coach by an entity certified or licensed to do so; or
(b) The manufactured home, mobile home or commercial coach has been deemed safe for habitation by a governmental entity.
3. The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home or commercial coach by a transferor:
(a) To any co-owner of the manufactured home, mobile home or commercial coach, the spouse of the transferor or a person related within the third degree of consanguinity to the transferor; or
(b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, mobile home or commercial coach.
4. The Division may adopt regulations to carry out the provisions of this section.
Sec. 8. 1. A transferor or his agent, or both, who violates any provision of section 7 of this act may be held liable to the transferee in any action at law or in equity.
2. An agent of a transferee who has actual knowledge of any information required to be disclosed pursuant to section 7 of this act may be held liable to the transferee in any action at law or in equity if he fails to disclose that information to the transferee.
3. If a transferor makes a disclosure pursuant to section 7 of this act, the transferee may:
(a) Rescind the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach;
(b) Make the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach contingent upon the repair of any damage to the manufactured home, mobile home or commercial coach that has been caused by the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or
(c) Accept the manufactured home, mobile home or commercial coach with the damage as disclosed by the transferor without further recourse.
4. The rights and remedies provided by this section are in addition to any other rights or remedies that may exist at law or in equity.
Sec. 9. The failure of a licensed dealer, rebuilder or salesman to make the disclosure required pursuant to section 7 of this act constitutes grounds for disciplinary action pursuant to NRS 489.381.”.
Amend the title of the bill, ninth line, after “transactions;” by inserting:
“requiring certain disclosures to be made to a person who purchases, leases or takes possession of a manufactured home, mobile home or commercial coach if the home or coach has been the site for the manufacture of methamphetamine; providing a penalty;”.
Amend the summary of the bill to read as follows: