1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | - 82nd Session (2023) |
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4 | 4 | | Senate Bill No. 40–Committee on |
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5 | 5 | | Growth and Infrastructure |
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6 | 6 | | |
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7 | 7 | | CHAPTER.......... |
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8 | 8 | | |
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9 | 9 | | AN ACT relating to manufactured housing; changing the name of |
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10 | 10 | | the document issued by the Housing Division of the |
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11 | 11 | | Department of Business and Industry indicating the |
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12 | 12 | | ownership of a manufactured home, mobile home, |
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13 | 13 | | manufactured building or commercial coach or factory-built |
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14 | 14 | | housing from a “certificate of ownership” to a “certificate of |
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15 | 15 | | title”; authorizing the Administrator of the Division to issue |
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16 | 16 | | certain documents in electronic form; revising requirements |
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17 | 17 | | for certain transactions involving the ownership of a |
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18 | 18 | | manufactured home, mobile home, manufactured building or |
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19 | 19 | | commercial coach or factory-built housing; revising |
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20 | 20 | | eligibility requirements for persons seeking assistance from |
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21 | 21 | | the Account for Affordable Housing; revising provisions |
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22 | 22 | | governing local ordinances concerning the placement of |
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23 | 23 | | certain manufactured homes; and providing other matters |
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24 | 24 | | properly relating thereto. |
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25 | 25 | | Legislative Counsel’s Digest: |
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26 | 26 | | Existing law sets forth various requirements and restrictions relating to a |
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27 | 27 | | certificate of ownership that is issued by the Housing Division of the Department of |
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28 | 28 | | Business and Industry for a manufactured home, mobile home, manufactured |
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29 | 29 | | building or commercial coach or factory-built housing. (NRS 489.501-489.585) |
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30 | 30 | | Sections 1-4, 6-16 and 18-23 of this bill change the name of such a certificate from |
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31 | 31 | | a “certificate of ownership” to a “certificate of title.” Section 24 of this bill |
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32 | 32 | | provides that any valid certificate of ownership issued by the Division before |
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33 | 33 | | July 1, 2023, is deemed to be a certificate of title issued by the Division. |
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34 | 34 | | Section 2 of this bill authorizes the Administrator of the Division to issue |
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35 | 35 | | certain documents, including, among others, a certificate of title, in electronic form. |
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36 | 36 | | Existing law sets forth certain requirements concerning the sale of a new, used |
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37 | 37 | | or rebuilt manufactured home, mobile home, manufactured building or commercial |
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38 | 38 | | coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511, |
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39 | 39 | | 489.521) If such a sale is conducted by a dealer, existing law requires the dealer to: |
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40 | 40 | | (1) complete a dealer’s report of sale on a form prescribed by the Division which |
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41 | 41 | | contains certain required information; and (2) require the buyer to sign an |
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42 | 42 | | acknowledgement of taxes on a form prescribed by the Division which includes |
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43 | 43 | | certain information. (NRS 489.501, 489.511) Sections 5 and 6 of this bill eliminate |
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44 | 44 | | certain requirements concerning the dealer’s report of sale and the information that |
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45 | 45 | | is required to be included on the dealer’s report of sale and the acknowledgement of |
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46 | 46 | | taxes. |
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47 | 47 | | If the sale of a used or rebuilt manufactured home, mobile home, manufactured |
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48 | 48 | | building or commercial coach or used or rebuilt factory-built housing is conducted |
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49 | 49 | | by a person who is not a dealer, existing law requires the seller or buyer, or both, to |
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50 | 50 | | submit certain documents to the Division and the county assessor of the county in |
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51 | 51 | | which the manufactured home, mobile home, manufactured building, commercial |
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52 | 52 | | coach or factory-built housing is located. (NRS 489.521) Section 7 of this bill |
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53 | 53 | | eliminates that requirement and instead requires the seller or buyer, or both, to |
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54 | 54 | | – 2 – |
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55 | 55 | | |
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56 | 56 | | |
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57 | 57 | | - 82nd Session (2023) |
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58 | 58 | | submit to the Division and the county assessor any information that the |
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59 | 59 | | Administrator requires by regulation. |
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60 | 60 | | Existing law prohibits the Division from issuing a certificate of ownership of a |
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61 | 61 | | used manufactured home or used mobile home unless the county assessor of the |
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62 | 62 | | county in which the manufactured home or mobile home was situated at the time of |
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63 | 63 | | sale has endorsed on the certificate that certain taxes have been paid. (NRS |
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64 | 64 | | 489.531) Section 8 of this bill revises that prohibition to authorize the Division to |
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65 | 65 | | issue a certificate of title of a used manufactured home or used mobile home if the |
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66 | 66 | | county assessor verifies to the Division, on a form prescribed by the Division, that |
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67 | 67 | | certain taxes have been paid. |
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68 | 68 | | With certain exceptions, existing law prohibits any money concerning the sale |
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69 | 69 | | or exchange of an interest in a manufactured home, mobile home, manufactured |
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70 | 70 | | building or commercial coach or factory-built housing which is held by a dealer |
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71 | 71 | | from being distributed until, among other things, an application for a certificate of |
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72 | 72 | | ownership or certificate of title has been submitted to the Division and certain |
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73 | 73 | | documents have been executed. (NRS 489.723) Section 15 of this bill requires that |
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74 | 74 | | application to be submitted and those documents to be executed in a form |
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75 | 75 | | prescribed by the Division. |
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76 | 76 | | Section 26 of this bill eliminates certain requirements concerning the transfer |
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77 | 77 | | of the title to or the interest of an owner in a manufactured home, mobile home or |
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78 | 78 | | commercial coach. |
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79 | 79 | | Existing law creates the Account for Low-Income Housing, which is |
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80 | 80 | | administered by the Division, and establishes the purposes for which the Account is |
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81 | 81 | | required to be used. (NRS 118B.215, 319.500, 319.510) One such required use is to |
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82 | 82 | | assist eligible persons by supplementing their monthly rent for the manufactured |
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83 | 83 | | home lot on which their manufactured home is located. Under existing law, to be |
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84 | 84 | | eligible for assistance from the Account, a person is required to have, among other |
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85 | 85 | | things, a monthly household income that is at or below certain specified amounts. |
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86 | 86 | | (NRS 118B.215) Section 18 of this bill revises those eligibility requirements to |
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87 | 87 | | instead require that, to be eligible for assistance from the Account, a person must |
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88 | 88 | | have a monthly household income that is at or below: (1) the federally designated |
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89 | 89 | | level signifying poverty or thirty percent of the median family income, as |
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90 | 90 | | prescribed by the HOME Investment Partnerships Act, adjusted for household size, |
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91 | 91 | | which the United States Department of Housing and Urban Development has |
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92 | 92 | | established for the area of the State in which the manufactured home is located, |
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93 | 93 | | whichever is greater; or (2) a maximum monthly household income that the |
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94 | 94 | | Administrator has established by regulation. (42 U.S.C. §§ 12701 et seq.) |
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95 | 95 | | Existing law requires a governing body of a city or county to adopt standards |
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96 | 96 | | for the placement of a manufactured home that will not be affixed to a lot within a |
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97 | 97 | | mobile home park and prescribes certain criteria for such a manufactured home that |
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98 | 98 | | must be incorporated into such standards. (NRS 278.02095) Section 19 of this bill |
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99 | 99 | | revises these criteria to provide that such a manufactured home must consist of one |
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100 | 100 | | or more sections and consist of at least 400 square feet of living area, except under |
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101 | 101 | | certain circumstances. |
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102 | 102 | | |
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103 | 103 | | |
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104 | 104 | | |
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105 | 105 | | |
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106 | 106 | | |
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108 | 108 | | |
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109 | 109 | | |
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110 | 110 | | |
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111 | 111 | | – 3 – |
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112 | 112 | | |
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113 | 113 | | |
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114 | 114 | | - 82nd Session (2023) |
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115 | 115 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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119 | 119 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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120 | 120 | | |
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121 | 121 | | Section 1. NRS 487.100 is hereby amended to read as follows: |
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122 | 122 | | 487.100 1. Except as otherwise provided in subsections 2 and |
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123 | 123 | | 3, any automobile wrecker purchasing from any person other than a |
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124 | 124 | | licensed operator of a salvage pool any vehicle subject to |
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125 | 125 | | registration pursuant to the laws of this State shall forward to the |
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126 | 126 | | Department the certificates of title and registration last issued |
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127 | 127 | | therefor. |
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128 | 128 | | 2. The certificate of [ownership] title last issued for a mobile |
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129 | 129 | | home or commercial coach must be sent by the wrecker to the |
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130 | 130 | | Housing Division of the Department of Business and Industry. |
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131 | 131 | | 3. An automobile wrecker is not required to: |
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132 | 132 | | (a) Provide the Department with a certificate of title, salvage |
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133 | 133 | | title or a nonrepairable vehicle certificate and certificate of |
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134 | 134 | | registration last issued; or |
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135 | 135 | | (b) Obtain from the Department a certificate of title, salvage |
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136 | 136 | | title, nonrepairable vehicle certificate or certificate of registration, |
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137 | 137 | | for a motor vehicle that is to be processed as parts or scrap metal |
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138 | 138 | | by the automobile wrecker pursuant to NRS 487.105. |
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139 | 139 | | Sec. 2. NRS 489.231 is hereby amended to read as follows: |
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140 | 140 | | 489.231 1. To carry out the provisions of this chapter, the |
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141 | 141 | | Administrator may: |
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142 | 142 | | (a) Issue subpoenas for the attendance of witnesses or the |
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143 | 143 | | production of books, papers and documents; and |
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144 | 144 | | (b) Conduct hearings. |
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145 | 145 | | 2. The Administrator may apply for and receive grants from |
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146 | 146 | | the Secretary of Housing and Urban Development for developing |
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147 | 147 | | and carrying out a plan for enforcement and administration of |
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148 | 148 | | federal standards of safety and construction respecting manufactured |
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149 | 149 | | homes offered for sale or lease in this state. |
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150 | 150 | | 3. The Administrator may adopt regulations to ensure |
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151 | 151 | | acceptance by the Secretary of Housing and Urban Development of |
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152 | 152 | | the state plan for administration and enforcement of federal |
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153 | 153 | | standards of safety and construction respecting manufactured homes |
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154 | 154 | | in accordance with the National Manufactured Housing |
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155 | 155 | | Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 |
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156 | 156 | | et seq. |
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157 | 157 | | 4. The Administrator may: |
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158 | 158 | | (a) Make inspections; |
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159 | 159 | | – 4 – |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | - 82nd Session (2023) |
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163 | 163 | | (b) Approve plans and specifications; |
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164 | 164 | | (c) Provide technical services; |
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165 | 165 | | (d) Issue licenses, permits, certificates of [ownership] title and |
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166 | 166 | | certificates and labels of compliance and installation [;] in such |
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167 | 167 | | form as he or she may deem proper, including, without limitation, |
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168 | 168 | | in electronic form; |
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169 | 169 | | (e) Enter into reciprocal agreements with other states or private |
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170 | 170 | | organizations that adopt and maintain standards reasonably |
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171 | 171 | | consistent with this chapter; |
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172 | 172 | | (f) Collect the fees provided for in this chapter; and |
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173 | 173 | | (g) Adopt regulations necessary to carry out his or her duties |
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174 | 174 | | under this chapter. |
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175 | 175 | | 5. The Administrator or a representative of the Administrator |
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176 | 176 | | may enter, at reasonable times and without notice, any mobile home |
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177 | 177 | | park or place of business or any factory, warehouse or establishment |
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178 | 178 | | in which manufactured homes, mobile homes, travel trailers, |
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179 | 179 | | manufactured buildings or factory-built housing are manufactured, |
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180 | 180 | | stored or held for sale or distribution and inspect at reasonable times |
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181 | 181 | | in a reasonable manner the premises and books, papers, records and |
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182 | 182 | | documents which are relevant to the manufacture, distribution and |
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183 | 183 | | sale of manufactured homes, mobile homes, travel trailers, |
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184 | 184 | | manufactured buildings or factory-built housing and compliance |
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185 | 185 | | with the National Manufactured Housing Construction and Safety |
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186 | 186 | | Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and |
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187 | 187 | | chapter 461 of NRS, and any regulations adopted pursuant thereto, |
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188 | 188 | | and to compliance by landlords of mobile home parks with the |
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189 | 189 | | prohibition in NRS 118B.140 against charging or receiving any |
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190 | 190 | | entrance or exit fee. A magistrate shall issue a warrant to permit an |
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191 | 191 | | inspection if the Administrator has shown: |
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192 | 192 | | (a) Evidence that a violation of a provision of this chapter or of |
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193 | 193 | | the prohibition in NRS 118B.140 against charging or receiving any |
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194 | 194 | | entrance or exit fee has been committed or is being committed; or |
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195 | 195 | | (b) That the business has been chosen for an inspection on the |
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196 | 196 | | basis of a general administrative plan for the enforcement of the |
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197 | 197 | | provisions of this chapter. |
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198 | 198 | | Sec. 3. NRS 489.272 is hereby amended to read as follows: |
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199 | 199 | | 489.272 The Administrator shall adopt regulations: |
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200 | 200 | | 1. Requiring a person who is buying or selling a manufactured |
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201 | 201 | | home, mobile home or commercial coach pursuant to: |
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202 | 202 | | (a) A sale to satisfy a lien; or |
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203 | 203 | | (b) A contract for sale or other agreement by which the |
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204 | 204 | | certificate of title [or certificate of ownership] does not pass |
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205 | 205 | | immediately from the seller to the buyer upon the sale, |
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206 | 206 | | – 5 – |
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207 | 207 | | |
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208 | 208 | | |
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209 | 209 | | - 82nd Session (2023) |
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210 | 210 | | to submit to the Administrator such information regarding the |
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211 | 211 | | sale as the Administrator deems necessary. |
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212 | 212 | | 2. Establishing requirements for the issuance or transfer of a |
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213 | 213 | | certificate of title [or certificate of ownership] of a mobile home, |
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214 | 214 | | manufactured home or a commercial coach in cases involving: |
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215 | 215 | | (a) More than one transferor or transferee; |
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216 | 216 | | (b) A transferor or transferee who holds a certificate of title [or |
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217 | 217 | | certificate of ownership] in trust for another person; or |
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218 | 218 | | (c) A sale to satisfy a lien. |
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219 | 219 | | Sec. 4. NRS 489.481 is hereby amended to read as follows: |
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220 | 220 | | 489.481 The Division shall adopt regulations providing fees |
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221 | 221 | | for: |
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222 | 222 | | 1. Certificates of installation; |
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223 | 223 | | 2. Labels of installation; |
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224 | 224 | | 3. Certificates of compliance; |
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225 | 225 | | 4. Labels of compliance; |
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226 | 226 | | 5. Certificates of [ownership;] title; |
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227 | 227 | | 6. Licenses of manufacturers, dealers, distributors, |
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228 | 228 | | salespersons, responsible managing employees, general |
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229 | 229 | | servicepersons and specialty servicepersons; |
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230 | 230 | | 7. Licenses for branch offices; and |
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231 | 231 | | 8. Any other services provided by the Division. |
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232 | 232 | | Sec. 5. NRS 489.501 is hereby amended to read as follows: |
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233 | 233 | | 489.501 1. When a new manufactured home, new mobile |
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234 | 234 | | home, new manufactured building or new commercial coach or new |
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235 | 235 | | factory-built housing is sold in this State by a dealer, the dealer shall |
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236 | 236 | | complete a report of sale. The report of sale must be in a form |
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237 | 237 | | prescribed by the Division . [and include a description of the |
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238 | 238 | | manufactured home, mobile home, manufactured building, |
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239 | 239 | | commercial coach or factory-built housing, the name and address of |
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240 | 240 | | the seller and the name and address of the buyer. If in connection |
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241 | 241 | | with the sale a security interest is taken or retained by the seller or |
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242 | 242 | | dealer to secure all or part of the purchase price, or a security |
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243 | 243 | | interest is taken by a person who gives value to enable the buyer to |
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244 | 244 | | acquire rights in the manufactured home, mobile home, |
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245 | 245 | | manufactured building, commercial coach or factory-built housing, |
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246 | 246 | | the name and address of the secured party or an assignee thereof |
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247 | 247 | | must be entered on the report of sale.] |
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248 | 248 | | 2. The dealer shall require the buyer to sign an |
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249 | 249 | | acknowledgment of taxes, on a form prescribed by the Division . [, |
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250 | 250 | | which includes a statement that a manufactured home, mobile home, |
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251 | 251 | | manufactured building or commercial coach or factory-built housing |
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252 | 252 | | is taxable in the county in which it is located.] A dealer who sells a |
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253 | 253 | | – 6 – |
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254 | 254 | | |
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255 | 255 | | |
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256 | 256 | | - 82nd Session (2023) |
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257 | 257 | | new manufactured home, new mobile home, new manufactured |
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258 | 258 | | building or new commercial coach or new factory-built housing |
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259 | 259 | | shall deliver the buyer’s copy of the acknowledgment of taxes to the |
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260 | 260 | | buyer at the time of sale and submit another copy within 30 days |
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261 | 261 | | after the date of the sale to the county assessor of the county in |
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262 | 262 | | which the manufactured home, mobile home, manufactured |
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263 | 263 | | building, commercial coach or factory-built housing will be located. |
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264 | 264 | | 3. The dealer shall submit the [original of the] report of sale |
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265 | 265 | | and the manufacturer’s certificate or statement of origin to the |
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266 | 266 | | Division within 30 days after the execution of all instruments which |
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267 | 267 | | the contract of sale required to be executed at the time of sale or |
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268 | 268 | | within 30 days after the date of sale, whichever is later, unless an |
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269 | 269 | | extension of time is granted by the Division. |
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270 | 270 | | 4. A dealer who sells a new manufactured home, new mobile |
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271 | 271 | | home, new manufactured building or new commercial coach or new |
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272 | 272 | | factory-built housing shall deliver [the buyer’s] a copy of the report |
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273 | 273 | | of sale to the buyer at the time of sale and submit another copy |
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274 | 274 | | within 30 days after the date of the sale to the county assessor of the |
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275 | 275 | | county in which the manufactured home, mobile home, |
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276 | 276 | | manufactured building, commercial coach or factory-built housing |
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277 | 277 | | will be located. |
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278 | 278 | | Sec. 6. NRS 489.511 is hereby amended to read as follows: |
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279 | 279 | | 489.511 1. If a used or rebuilt manufactured home, mobile |
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280 | 280 | | home, manufactured building or commercial coach or used or |
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281 | 281 | | rebuilt factory-built housing is sold in this State by a dealer, the |
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282 | 282 | | dealer shall complete a dealer’s report of sale. The report must be in |
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283 | 283 | | a form prescribed by the Division . [and include a description of the |
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284 | 284 | | manufactured home, mobile home, manufactured building, |
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285 | 285 | | commercial coach or factory-built housing, the name and address of |
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286 | 286 | | the seller and the name and address of the buyer. If a security |
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287 | 287 | | interest exists at the time of the sale, or if in connection with the sale |
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288 | 288 | | a security interest is taken or retained by the seller or dealer to |
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289 | 289 | | secure all or part of the purchase price, or a security interest is taken |
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290 | 290 | | by a person who gives value to enable the buyer to acquire rights in |
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291 | 291 | | the manufactured home, mobile home, manufactured building, |
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292 | 292 | | commercial coach or factory-built housing, the name and address of |
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293 | 293 | | the secured party must be entered on the dealer’s report of sale.] |
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294 | 294 | | 2. The dealer shall submit the [original of the] dealer’s report |
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295 | 295 | | of sale to the Division within 45 days after the execution of all |
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296 | 296 | | instruments which the contract of sale requires to be executed at the |
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297 | 297 | | time of the sale, unless an extension of time is granted by the |
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298 | 298 | | Division, together with the endorsed certificate of title [or certificate |
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299 | 299 | | of ownership] previously issued. The dealer shall furnish one copy |
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300 | 300 | | – 7 – |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | - 82nd Session (2023) |
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304 | 304 | | of the report of sale to the buyer at the time of the sale. Within 45 |
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305 | 305 | | days after the sale, the dealer shall furnish one copy of the report of |
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306 | 306 | | sale to the assessor of the county in which the manufactured home, |
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307 | 307 | | mobile home, manufactured building, commercial coach or factory- |
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308 | 308 | | built housing will be located. |
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309 | 309 | | 3. The dealer shall require the buyer to sign an |
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310 | 310 | | acknowledgment of taxes, on a form prescribed by the Division . [, |
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311 | 311 | | which includes a statement that the manufactured home, mobile |
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312 | 312 | | home, manufactured building, commercial coach or factory-built |
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313 | 313 | | housing is taxable in the county in which it is located.] The dealer |
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314 | 314 | | shall deliver the buyer’s copy of the acknowledgment to the buyer at |
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315 | 315 | | the time of sale and submit another copy to the county assessor of |
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316 | 316 | | the county in which the manufactured home, mobile home, |
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317 | 317 | | manufactured building, commercial coach or factory-built housing |
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318 | 318 | | is to be located. |
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319 | 319 | | 4. If a used or rebuilt manufactured home, mobile home, |
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320 | 320 | | manufactured building or commercial coach or used or rebuilt |
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321 | 321 | | factory-built housing is sold by a dealer pursuant to an installment |
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322 | 322 | | contract or other agreement by which the certificate of title [or |
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323 | 323 | | certificate of ownership] does not pass immediately from the seller |
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324 | 324 | | to the buyer upon the sale, the dealer shall submit to the Division |
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325 | 325 | | any information required by the regulations adopted by the |
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326 | 326 | | Administrator pursuant to NRS 489.272. |
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327 | 327 | | Sec. 7. NRS 489.521 is hereby amended to read as follows: |
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328 | 328 | | 489.521 1. If a used or rebuilt manufactured home, mobile |
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329 | 329 | | home, manufactured building or commercial coach or used or |
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330 | 330 | | rebuilt factory-built housing is sold in this State by a person who is |
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331 | 331 | | not a dealer, the seller or buyer, or both, shall : |
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332 | 332 | | (a) Within 45 days after the sale, submit to the Division [,] and |
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333 | 333 | | [a copy] to the county assessor of the county in which the |
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334 | 334 | | manufactured home, mobile home, manufactured building, |
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335 | 335 | | commercial coach or factory-built housing is located [, within 45 |
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336 | 336 | | days after the sale: |
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337 | 337 | | (a) If a certificate of ownership has been issued in this State, that |
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338 | 338 | | certificate properly endorsed.] the information required by the |
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339 | 339 | | regulations adopted by the Administrator pursuant to subsection |
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340 | 340 | | 2; and |
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341 | 341 | | (b) If [a certificate of title or other document of title has been |
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342 | 342 | | issued by a public authority of another state, territory or country: |
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343 | 343 | | (1) The certificate or document properly endorsed; and |
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344 | 344 | | (2) A statement showing, if not included on the endorsed |
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345 | 345 | | certificate or document, the description of the manufactured home, |
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346 | 346 | | mobile home, manufactured building, commercial coach or factory- |
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347 | 347 | | – 8 – |
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348 | 348 | | |
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349 | 349 | | |
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350 | 350 | | - 82nd Session (2023) |
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351 | 351 | | built housing, the names and addresses of the buyer and seller, and |
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352 | 352 | | the name and address of any person who takes or retains a purchase |
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353 | 353 | | money security interest. The statement must be signed and |
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354 | 354 | | acknowledged by the seller and buyer. |
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355 | 355 | | (c) If a document of title has not been issued by any public |
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356 | 356 | | authority, a statement showing all the information and signed and |
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357 | 357 | | acknowledged in the manner required by subparagraph (2) of |
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358 | 358 | | paragraph (b). |
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359 | 359 | | 2. If a] the used or rebuilt manufactured home, mobile home, |
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360 | 360 | | manufactured building or commercial coach or used or rebuilt |
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361 | 361 | | factory-built housing is sold by a person who is not a dealer |
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362 | 362 | | pursuant to an installment contract or other agreement by which the |
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363 | 363 | | certificate of title [or certificate of ownership] does not pass |
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364 | 364 | | immediately from the seller to the buyer upon the sale, [the seller or |
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365 | 365 | | buyer, or both, shall] submit to the Division any information |
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366 | 366 | | required by the regulations adopted by the Administrator pursuant to |
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367 | 367 | | NRS 489.272. |
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368 | 368 | | 2. The Administrator shall adopt regulations prescribing the |
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369 | 369 | | information that is required to be submitted to the Division and |
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370 | 370 | | county assessor pursuant to paragraph (a) of subsection 1. |
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371 | 371 | | Sec. 8. NRS 489.531 is hereby amended to read as follows: |
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372 | 372 | | 489.531 [1.] The Division shall not issue a certificate of |
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373 | 373 | | [ownership] title of a used manufactured home or used mobile home |
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374 | 374 | | unless the county assessor of the county in which the manufactured |
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375 | 375 | | home or mobile home was situated at the time of sale has [endorsed |
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376 | 376 | | on] provided to the [certificate] Division, on a form prescribed by |
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377 | 377 | | the Division, verification that all personal property taxes on that |
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378 | 378 | | manufactured home or mobile home for the fiscal year have been |
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379 | 379 | | paid. |
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380 | 380 | | [2. Every certificate of ownership issued for a used |
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381 | 381 | | manufactured home or mobile home must contain a warning, printed |
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382 | 382 | | or stamped on its face, to the effect that title to a used manufactured |
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383 | 383 | | home or used mobile home does not pass until the county assessor |
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384 | 384 | | of the county in which the manufactured home or mobile home was |
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385 | 385 | | situated at the time of the sale has endorsed on the certificate that all |
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386 | 386 | | personal property taxes on that manufactured home or mobile home |
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387 | 387 | | for the fiscal year have been paid.] |
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388 | 388 | | Sec. 9. NRS 489.541 is hereby amended to read as follows: |
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389 | 389 | | 489.541 1. Except as otherwise provided in subsections 4 and |
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390 | 390 | | 5, upon receipt of the documents required by the Division, the |
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391 | 391 | | Division shall issue a certificate of [ownership] title. |
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392 | 392 | | – 9 – |
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393 | 393 | | |
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394 | 394 | | |
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395 | 395 | | - 82nd Session (2023) |
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396 | 396 | | 2. If no security interest is created or exists in connection with |
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397 | 397 | | the sale, the certificate of [ownership] title must be issued to the |
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398 | 398 | | buyer. |
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399 | 399 | | 3. If a security interest is created by the sale, the certificate of |
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400 | 400 | | [ownership] title must be issued to the secured party or an assignee |
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401 | 401 | | thereof, and must show the name of the registered owner. |
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402 | 402 | | 4. The Division shall not issue a certificate of [ownership] title |
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403 | 403 | | for a mobile home that has been determined to be substandard until |
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404 | 404 | | the conditions that rendered the mobile home substandard are |
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405 | 405 | | abated. |
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406 | 406 | | 5. The Division shall not issue a certificate of title [or |
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407 | 407 | | certificate of ownership] for factory-built housing that constitutes |
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408 | 408 | | real property pursuant to subsection 4 of NRS 361.244. |
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409 | 409 | | Sec. 10. NRS 489.561 is hereby amended to read as follows: |
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410 | 410 | | 489.561 Whenever an application is made to the Division for |
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411 | 411 | | title of a manufactured home, mobile home or commercial coach |
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412 | 412 | | previously titled and the applicant is unable to present the certificate |
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413 | 413 | | of [ownership] title previously issued because it is lost or being |
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414 | 414 | | unlawfully detained by one in possession or is not otherwise |
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415 | 415 | | available, the Division may receive the application and examine the |
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416 | 416 | | circumstances of the case and require the filing of affidavits or other |
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417 | 417 | | information. When the Division is satisfied that the applicant is |
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418 | 418 | | entitled to a certificate of [ownership,] title, or pursuant to NRS |
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419 | 419 | | 489.562, it may issue the certificate on the manufactured home, |
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420 | 420 | | mobile home or commercial coach. |
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421 | 421 | | Sec. 11. NRS 489.562 is hereby amended to read as follows: |
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422 | 422 | | 489.562 1. If an applicant who is seeking a certificate of |
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423 | 423 | | [ownership] title is unable to provide the information required by |
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424 | 424 | | the Division pursuant to NRS 489.561 and satisfy the Division that |
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425 | 425 | | the applicant is entitled to a certificate of [ownership] title pursuant |
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426 | 426 | | to that section, the applicant may obtain a new certificate of |
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427 | 427 | | [ownership] title from the Division by: |
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428 | 428 | | (a) Filing a bond with the Division that meets the requirements |
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429 | 429 | | of subsection 3; and |
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430 | 430 | | (b) Allowing the Division to inspect the manufactured home, |
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431 | 431 | | mobile home or commercial coach for compliance with the safety |
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432 | 432 | | standards and other requirements provided in regulations adopted by |
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433 | 433 | | the Administrator pursuant to NRS 489.251. |
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434 | 434 | | 2. Any person damaged by the issuance of a certificate of |
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435 | 435 | | [ownership] title pursuant to this section has a right of action to |
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436 | 436 | | recover on the bond for any breach of its conditions, except the |
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437 | 437 | | aggregate liability of the surety to all persons must not exceed the |
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438 | 438 | | amount of the bond. |
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439 | 439 | | – 10 – |
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440 | 440 | | |
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441 | 441 | | |
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442 | 442 | | - 82nd Session (2023) |
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443 | 443 | | 3. The bond required pursuant to subsection 1 must be: |
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444 | 444 | | (a) In a form prescribed by the Division; |
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445 | 445 | | (b) Executed by the applicant as principal and by a corporation |
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446 | 446 | | qualified under the laws of this State as surety; |
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447 | 447 | | (c) In an amount equal to one and one-half times the most recent |
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448 | 448 | | assessed value assigned by the relevant county assessor to the |
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449 | 449 | | manufactured home, mobile home or commercial coach; and |
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450 | 450 | | (d) Conditioned to indemnify any: |
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451 | 451 | | (1) Prior owner or lienholder of the manufactured home, |
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452 | 452 | | mobile home or commercial coach, and his or her successors in |
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453 | 453 | | interest; |
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454 | 454 | | (2) Subsequent purchaser of the manufactured home, mobile |
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455 | 455 | | home or commercial coach, and his or her successors in interest; or |
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456 | 456 | | (3) Person acquiring a security interest in the manufactured |
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457 | 457 | | home, mobile home or commercial coach, and his or her successors |
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458 | 458 | | in interest, |
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459 | 459 | | against any expense, loss or damage because of the issuance of |
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460 | 460 | | the certificate of [ownership] title or because of any defect in or |
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461 | 461 | | undisclosed security interest in the applicant’s right or title to the |
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462 | 462 | | manufactured home, mobile home or commercial coach or the |
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463 | 463 | | applicant’s interest in the manufactured home, mobile home or |
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464 | 464 | | commercial coach. |
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465 | 465 | | 4. A right of action does not exist in favor of any person by |
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466 | 466 | | reason of any action or failure to act on the part of the Division or |
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467 | 467 | | any officer or employee thereof in carrying out the provisions of this |
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468 | 468 | | section, or in giving or failing to give any information concerning |
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469 | 469 | | the legal ownership of a manufactured home, mobile home or |
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470 | 470 | | commercial coach or the existence of a certificate of [ownership] |
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471 | 471 | | title obtained pursuant to this section. |
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472 | 472 | | Sec. 12. NRS 489.564 is hereby amended to read as follows: |
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473 | 473 | | 489.564 1. The owner or joint owners of a manufactured |
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474 | 474 | | home, mobile home or commercial coach may request the Division |
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475 | 475 | | to issue a certificate of [ownership] title in beneficiary form for the |
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476 | 476 | | manufactured home, mobile home or commercial coach, as |
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477 | 477 | | applicable, which includes a directive to the Division to transfer the |
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478 | 478 | | certificate of [ownership] title upon the death of the owner or upon |
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479 | 479 | | the death of all joint owners to a beneficiary named on the face of |
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480 | 480 | | the certificate of [ownership.] title. |
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481 | 481 | | 2. A request made pursuant to subsection 1 must be submitted |
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482 | 482 | | on an application made available by the Division and must: |
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483 | 483 | | (a) Contain a notarized signature of the owner or each joint |
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484 | 484 | | owner; and |
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485 | 485 | | – 11 – |
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486 | 486 | | |
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487 | 487 | | |
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488 | 488 | | - 82nd Session (2023) |
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489 | 489 | | (b) Be accompanied by the fee for the issuance of a certificate of |
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490 | 490 | | [ownership.] title. |
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491 | 491 | | 3. A certificate of [ownership] title in beneficiary form may not |
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492 | 492 | | be issued to a person who holds an interest in a manufactured home, |
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493 | 493 | | mobile home or commercial coach as a tenant in common with |
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494 | 494 | | another person. |
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495 | 495 | | 4. A certificate of [ownership] title in beneficiary form must |
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496 | 496 | | include after the name of the owner or after the names of joint |
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497 | 497 | | owners the words “transfer on death to” or the abbreviation “TOD” |
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498 | 498 | | followed by the name of the beneficiary. |
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499 | 499 | | 5. During the lifetime of a sole owner or before the death of the |
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500 | 500 | | last surviving joint owner: |
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501 | 501 | | (a) The signature or consent of the beneficiary is not required for |
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502 | 502 | | any transaction relating to a manufactured home, mobile home or |
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503 | 503 | | commercial coach for which a certificate of [ownership] title in |
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504 | 504 | | beneficiary form has been issued; and |
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505 | 505 | | (b) The certificate of [ownership] title in beneficiary form may |
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506 | 506 | | be revoked or the beneficiary changed at any time by: |
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507 | 507 | | (1) Sale of the manufactured home, mobile home or |
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508 | 508 | | commercial coach with proper assignment and delivery of the |
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509 | 509 | | certificate of [ownership] title to another person; or |
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510 | 510 | | (2) Filing an application with, and paying a fee to, the |
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511 | 511 | | Division to reissue the certificate of [ownership] title with no |
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512 | 512 | | designation of a beneficiary or with the designation of a different |
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513 | 513 | | beneficiary. |
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514 | 514 | | 6. The interest of the beneficiary in a manufactured home, |
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515 | 515 | | mobile home or commercial coach on the death of the sole owner or |
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516 | 516 | | on the death of the last surviving joint owner is subject to any |
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517 | 517 | | contract of sale, assignment or ownership or security interest to |
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518 | 518 | | which the owner or owners of the manufactured home, mobile home |
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519 | 519 | | or commercial coach were subject during their lifetime. |
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520 | 520 | | 7. Except as otherwise provided in paragraph (b) of subsection |
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521 | 521 | | 5, the designation of a beneficiary in a certificate of [ownership] |
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522 | 522 | | title in beneficiary form may not be changed or revoked by will, any |
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523 | 523 | | other instrument or a change in circumstances, or otherwise changed |
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524 | 524 | | or revoked. |
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525 | 525 | | 8. The Division shall, upon: |
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526 | 526 | | (a) Proof of death of one of the owners, of two or more joint |
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527 | 527 | | owners or of a sole owner; and |
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528 | 528 | | (b) Payment of the fee for a certificate of [ownership,] title, |
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529 | 529 | | issue a new certificate of [ownership] title for the manufactured |
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530 | 530 | | home, mobile home or commercial coach to the surviving owner or |
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531 | 531 | | – 12 – |
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532 | 532 | | |
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533 | 533 | | |
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534 | 534 | | - 82nd Session (2023) |
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535 | 535 | | owners or, if none, to the beneficiary, subject to any security |
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536 | 536 | | interest. |
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537 | 537 | | 9. For the purposes of complying with the provisions of |
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538 | 538 | | subsection 8, the Division may rely on a death certificate, record or |
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539 | 539 | | report that constitutes prima facie evidence of death. |
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540 | 540 | | 10. The transfer on death of a manufactured home, mobile |
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541 | 541 | | home or commercial coach pursuant to this section is not considered |
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542 | 542 | | as testamentary and is not subject to administration pursuant to the |
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543 | 543 | | provisions of title 12 of NRS. |
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544 | 544 | | 11. As used in this section: |
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545 | 545 | | (a) “Beneficiary” means a person or persons designated to |
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546 | 546 | | become the owner or owners of a manufactured home, mobile |
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547 | 547 | | home or commercial coach on the death of the preceding owner or |
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548 | 548 | | owners. |
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549 | 549 | | (b) “Certificate of [ownership] title in beneficiary form” means a |
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550 | 550 | | certificate of [ownership] title of a manufactured home, mobile |
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551 | 551 | | home or commercial coach that indicates the present owner or |
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552 | 552 | | owners of the manufactured home, mobile home or commercial |
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553 | 553 | | coach and designates a beneficiary. |
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554 | 554 | | Sec. 13. NRS 489.571 is hereby amended to read as follows: |
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555 | 555 | | 489.571 1. Whenever a security interest is created in a |
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556 | 556 | | manufactured home, mobile home or commercial coach, the |
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557 | 557 | | certificate of [ownership] title must be delivered to the Division |
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558 | 558 | | with a statement signed by the debtor showing the date of the |
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559 | 559 | | security agreement, the names and addresses of the debtor and the |
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560 | 560 | | secured party. |
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561 | 561 | | 2. The Division shall issue to the secured party a certificate of |
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562 | 562 | | [ownership] title with the name and address of the secured party and |
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563 | 563 | | the name and address of the registered owner noted on it. If the |
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564 | 564 | | security interest is subsequently acquired by another person, or if |
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565 | 565 | | there is a change in the name or address of the secured party, the |
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566 | 566 | | secured party shall apply to the Division for a corrected certificate |
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567 | 567 | | of [ownership.] title. |
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568 | 568 | | 3. When the contract or terms of the security agreement have |
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569 | 569 | | been fully performed, the seller or other secured party who holds the |
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570 | 570 | | certificate of [ownership] title shall deliver the certificate to the |
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571 | 571 | | person legally entitled to it with proper evidence of the termination |
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572 | 572 | | or release of the security interest. |
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573 | 573 | | Sec. 14. NRS 489.585 is hereby amended to read as follows: |
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574 | 574 | | 489.585 The Administrator shall adopt regulations pertaining |
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575 | 575 | | to: |
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576 | 576 | | 1. The issuance of a certificate of [ownership] title pursuant to |
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577 | 577 | | NRS 489.562; and |
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578 | 578 | | – 13 – |
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579 | 579 | | |
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580 | 580 | | |
---|
581 | 581 | | - 82nd Session (2023) |
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582 | 582 | | 2. The issuance and revocation of a certificate of [ownership] |
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583 | 583 | | title in beneficiary form and a change in beneficiary for such a |
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584 | 584 | | certificate of [ownership] title pursuant to NRS 489.564. |
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585 | 585 | | Sec. 15. NRS 489.723 is hereby amended to read as follows: |
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586 | 586 | | 489.723 1. Any money that a dealer receives from a client or |
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587 | 587 | | other person concerning the sale or exchange of an interest in a |
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588 | 588 | | manufactured home, mobile home, manufactured building or |
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589 | 589 | | commercial coach or factory-built housing must be accounted for by |
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590 | 590 | | the dealer when: |
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591 | 591 | | (a) The sale or exchange of the interest in the manufactured |
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592 | 592 | | home, mobile home, manufactured building, commercial coach or |
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593 | 593 | | factory-built housing is executed; or |
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594 | 594 | | (b) The contract for the sale or exchange of the interest in the |
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595 | 595 | | manufactured home, mobile home, manufactured building, |
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596 | 596 | | commercial coach or factory-built housing is rescinded by the |
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597 | 597 | | dealer, client or any other person, |
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598 | 598 | | whichever occurs earlier. |
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599 | 599 | | 2. The dealer shall: |
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600 | 600 | | (a) Prepare or cause to be prepared a written itemized statement |
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601 | 601 | | concerning each expenditure or deduction of money made by the |
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602 | 602 | | dealer; |
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603 | 603 | | (b) Deliver or cause to be delivered to each person from whom |
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604 | 604 | | the dealer received money a copy of the written itemized statement; |
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605 | 605 | | and |
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606 | 606 | | (c) Maintain a copy of the written itemized statement at the |
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607 | 607 | | dealer’s place of business. |
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608 | 608 | | 3. Except as otherwise provided in a brokerage agreement or an |
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609 | 609 | | escrow agreement signed by the parties to a sale or exchange of an |
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610 | 610 | | interest in a manufactured home, mobile home, manufactured |
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611 | 611 | | building or commercial coach or factory-built housing and the |
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612 | 612 | | escrow agent or escrow officer licensed pursuant to the provisions |
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613 | 613 | | of chapter 645A or 692A of NRS, no money concerning that sale or |
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614 | 614 | | exchange held by a dealer may be distributed until: |
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615 | 615 | | (a) An application for: |
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616 | 616 | | (1) A certificate of [ownership] title for the manufactured |
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617 | 617 | | home, mobile home, manufactured building, commercial coach or |
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618 | 618 | | factory-built housing; or |
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619 | 619 | | (2) A certificate of title [or certificate of ownership] that does |
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620 | 620 | | not pass immediately upon the sale or transfer of the manufactured |
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621 | 621 | | home, mobile home, manufactured building, commercial coach or |
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622 | 622 | | factory-built housing, |
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623 | 623 | | has been submitted to the Division [;] in a form prescribed by |
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624 | 624 | | the Division; |
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625 | 625 | | – 14 – |
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626 | 626 | | |
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627 | 627 | | |
---|
628 | 628 | | - 82nd Session (2023) |
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629 | 629 | | (b) Each person who has a financial interest in the manufactured |
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630 | 630 | | home, mobile home, manufactured building, commercial coach or |
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631 | 631 | | factory-built housing has executed a document in a form prescribed |
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632 | 632 | | by the Division that releases or waives the person’s interest; and |
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633 | 633 | | (c) Each party to the sale or exchange has complied with the |
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634 | 634 | | requirements for the sale or exchange that are set forth in the |
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635 | 635 | | regulations adopted pursuant to the provisions of this chapter. |
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636 | 636 | | Sec. 16. NRS 489.821 is hereby amended to read as follows: |
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637 | 637 | | 489.821 1. A person is guilty of a gross misdemeanor who |
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638 | 638 | | knowingly: |
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639 | 639 | | (a) Makes any false entry on any certificate of origin or |
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640 | 640 | | certificate of [ownership.] title. |
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641 | 641 | | (b) Furnishes false information to the Division concerning any |
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642 | 642 | | security interest. |
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643 | 643 | | (c) Files with the Administrator any notice, statement or other |
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644 | 644 | | document required under the provisions of this chapter which is |
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645 | 645 | | false or contains any material misstatement of fact. |
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646 | 646 | | (d) Whether acting individually or as a director, officer or agent |
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647 | 647 | | of a corporation, violates a provision of the National Manufactured |
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648 | 648 | | Housing Construction and Safety Standards Act of 1974, 42 U.S.C. |
---|
649 | 649 | | §§ 5401 et seq., this chapter and chapter 461 of NRS, and any |
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650 | 650 | | regulations adopted pursuant thereto, causing a condition which |
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651 | 651 | | endangers the health or safety of a purchaser of a manufactured |
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652 | 652 | | home. |
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653 | 653 | | 2. A dealer is guilty of a gross misdemeanor who knowingly: |
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654 | 654 | | (a) Fails to maintain a trust account as required by |
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655 | 655 | | NRS 489.724. |
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656 | 656 | | (b) Commingles the money or other property of a seller or |
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657 | 657 | | purchaser of a manufactured home, manufactured building or |
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658 | 658 | | mobile home or factory-built housing with his or her own. |
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659 | 659 | | (c) Fails to cooperate or comply with or knowingly impedes or |
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660 | 660 | | interferes with any investigation or audit conducted by the Division |
---|
661 | 661 | | pursuant to NRS 489.7235. |
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662 | 662 | | (d) Acts as a dealer while insolvent or engages in any financial |
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663 | 663 | | practice which creates a substantial risk of insolvency. |
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664 | 664 | | 3. Except as otherwise provided in this section, any person who |
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665 | 665 | | knowingly or willfully violates any provision of this chapter is |
---|
666 | 666 | | guilty of a misdemeanor. |
---|
667 | 667 | | 4. Subsection 3 does not apply to a manufacturer of travel |
---|
668 | 668 | | trailers. |
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669 | 669 | | Sec. 17. (Deleted by amendment.) |
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670 | 670 | | – 15 – |
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671 | 671 | | |
---|
672 | 672 | | |
---|
673 | 673 | | - 82nd Session (2023) |
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674 | 674 | | Sec. 18. NRS 118B.215 is hereby amended to read as follows: |
---|
675 | 675 | | 118B.215 1. In addition to the requirements set forth in NRS |
---|
676 | 676 | | 319.510, money in the Account may be used to pay necessary |
---|
677 | 677 | | administrative costs and to assist eligible persons by supplementing |
---|
678 | 678 | | their monthly rent for the manufactured home lot on which their |
---|
679 | 679 | | manufactured home is located. Except as otherwise provided in |
---|
680 | 680 | | subsection 3, to be eligible for assistance from the Account, a person |
---|
681 | 681 | | must: |
---|
682 | 682 | | (a) Except as otherwise provided in this subsection, have been a |
---|
683 | 683 | | tenant in the same manufactured home park in this State for at least |
---|
684 | 684 | | 1 year immediately preceding his or her application for assistance; |
---|
685 | 685 | | (b) Be the registered owner of the manufactured home which is |
---|
686 | 686 | | subject to the tenancy, as indicated on the certificate of |
---|
687 | 687 | | [ownership] title that is issued by the Division pursuant to |
---|
688 | 688 | | NRS 489.541; |
---|
689 | 689 | | (c) Have a monthly household income, as determined by the |
---|
690 | 690 | | Administrator in accordance with subsection 2, which is at or below: |
---|
691 | 691 | | (1) The federally designated level signifying poverty or |
---|
692 | 692 | | [$750, whichever is greater, if the person is the sole occupant] thirty |
---|
693 | 693 | | percent of the median family income, as prescribed by the HOME |
---|
694 | 694 | | Investment Partnerships Act, 42 U.S.C. §§ 12701 et seq., adjusted |
---|
695 | 695 | | for household size, which the United States Department of |
---|
696 | 696 | | Housing and Urban Development has established for the area of |
---|
697 | 697 | | the State in which the manufactured home [;] is located, whichever |
---|
698 | 698 | | is greater; or |
---|
699 | 699 | | (2) [The federally designated level signifying poverty or |
---|
700 | 700 | | $1,125, whichever is greater, if the person is not the sole occupant |
---|
701 | 701 | | of the manufactured home;] A maximum monthly household |
---|
702 | 702 | | income that the Administrator has established by regulation |
---|
703 | 703 | | pursuant to subsection 5; |
---|
704 | 704 | | (d) Be a tenant in a manufactured home park that is operated for |
---|
705 | 705 | | profit and maintain continuous tenancy in that park during the |
---|
706 | 706 | | duration of the supplemental assistance; and |
---|
707 | 707 | | (e) Not have assets whose value is more than $12,000, excluding |
---|
708 | 708 | | the value of: |
---|
709 | 709 | | (1) The manufactured home which is subject to the tenancy; |
---|
710 | 710 | | (2) The contents of that manufactured home; and |
---|
711 | 711 | | (3) One motor vehicle. |
---|
712 | 712 | | A person who has been a tenant of a manufactured home park in |
---|
713 | 713 | | this State for at least 1 year, but has not been a tenant of the |
---|
714 | 714 | | manufactured home park in which the tenant resides at the time the |
---|
715 | 715 | | tenant applies for assistance for at least 1 year, is eligible for |
---|
716 | 716 | | assistance from the Account if the tenant moved to the |
---|
717 | 717 | | – 16 – |
---|
718 | 718 | | |
---|
719 | 719 | | |
---|
720 | 720 | | - 82nd Session (2023) |
---|
721 | 721 | | manufactured home park in which the tenant resides at the time of |
---|
722 | 722 | | his or her application because the tenant was unable to pay the rent |
---|
723 | 723 | | at the manufactured home park from which the tenant moved or |
---|
724 | 724 | | because that park was closed. |
---|
725 | 725 | | 2. In determining the monthly household income of an |
---|
726 | 726 | | applicant pursuant to subsection 1, the Administrator shall exclude |
---|
727 | 727 | | from the calculation: |
---|
728 | 728 | | (a) The value of any food stamps the applicant received pursuant |
---|
729 | 729 | | to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et |
---|
730 | 730 | | seq., during the year immediately preceding his or her application |
---|
731 | 731 | | for assistance; or |
---|
732 | 732 | | (b) If the applicant is receiving coverage pursuant to Medicare |
---|
733 | 733 | | Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that |
---|
734 | 734 | | coverage during the year immediately preceding his or her |
---|
735 | 735 | | application for assistance, |
---|
736 | 736 | | whichever is greater. |
---|
737 | 737 | | 3. The Administrator may waive the requirements for |
---|
738 | 738 | | eligibility set forth in subsection 1 upon the written request of an |
---|
739 | 739 | | applicant if the applicant demonstrates to the satisfaction of the |
---|
740 | 740 | | Administrator that the circumstances of the applicant warrant a |
---|
741 | 741 | | waiver as a result of: |
---|
742 | 742 | | (a) Illness; |
---|
743 | 743 | | (b) Disability; or |
---|
744 | 744 | | (c) Extreme financial hardship based upon a significant |
---|
745 | 745 | | reduction of income, when considering the applicant’s current |
---|
746 | 746 | | financial circumstances. |
---|
747 | 747 | | An applicant shall include with his or her request for a waiver all |
---|
748 | 748 | | medical and financial documents that support his or her request. |
---|
749 | 749 | | 4. The Administrator shall adopt regulations establishing: |
---|
750 | 750 | | (a) The annual reporting requirements for persons receiving |
---|
751 | 751 | | assistance pursuant to this section. The regulations must require that |
---|
752 | 752 | | each such person provide the Division with a written |
---|
753 | 753 | | acknowledgment of his or her continued eligibility for assistance. |
---|
754 | 754 | | (b) The maximum amount of assistance which may be |
---|
755 | 755 | | distributed to a person to supplement his or her monthly rent |
---|
756 | 756 | | pursuant to this section. |
---|
757 | 757 | | 5. The Administrator may adopt regulations establishing a |
---|
758 | 758 | | maximum monthly household income for a person to be eligible |
---|
759 | 759 | | for assistance from the Account pursuant to subparagraph (2) of |
---|
760 | 760 | | paragraph (c) of subsection 1. |
---|
761 | 761 | | 6. As used in this section: |
---|
762 | 762 | | (a) “Manufactured home” includes a travel trailer that is located |
---|
763 | 763 | | on a manufactured home lot within a manufactured home park. |
---|
764 | 764 | | – 17 – |
---|
765 | 765 | | |
---|
766 | 766 | | |
---|
767 | 767 | | - 82nd Session (2023) |
---|
768 | 768 | | (b) “Monthly household income” means the combined monthly |
---|
769 | 769 | | incomes of the occupants of a manufactured home which is subject |
---|
770 | 770 | | to the tenancy for which assistance from the Account is requested. |
---|
771 | 771 | | (c) “Travel trailer” has the meaning ascribed to it in |
---|
772 | 772 | | NRS 489.150. |
---|
773 | 773 | | Sec. 19. NRS 278.02095 is hereby amended to read as |
---|
774 | 774 | | follows: |
---|
775 | 775 | | 278.02095 1. Except as otherwise provided in this section, in |
---|
776 | 776 | | an ordinance relating to the zoning of land adopted or amended by a |
---|
777 | 777 | | governing body, the definition of “single-family residence” must |
---|
778 | 778 | | include a manufactured home. |
---|
779 | 779 | | 2. Notwithstanding the provisions of subsection 1, a governing |
---|
780 | 780 | | body shall adopt standards for the placement of a manufactured |
---|
781 | 781 | | home that will not be affixed to a lot within a mobile home park |
---|
782 | 782 | | which require that: |
---|
783 | 783 | | (a) The manufactured home: |
---|
784 | 784 | | (1) Be permanently affixed to a residential lot; |
---|
785 | 785 | | (2) Be manufactured within the 6 years immediately |
---|
786 | 786 | | preceding the date on which it is affixed to the residential lot; |
---|
787 | 787 | | (3) Have exterior siding and roofing which is similar in |
---|
788 | 788 | | color, material and appearance to the exterior siding and roofing |
---|
789 | 789 | | primarily used on other single-family residential dwellings in the |
---|
790 | 790 | | immediate vicinity of the manufactured home, as established by the |
---|
791 | 791 | | governing body; |
---|
792 | 792 | | (4) Consist of [more than] one [section;] or more sections; |
---|
793 | 793 | | and |
---|
794 | 794 | | (5) Consist of at least [1,200] 400 square feet of living area |
---|
795 | 795 | | unless the governing body, by administrative variance or other |
---|
796 | 796 | | expedited procedure established by the governing body, approves a |
---|
797 | 797 | | lesser amount of square footage based on the size or configuration |
---|
798 | 798 | | of the lot or the square footage of single-family residential dwellings |
---|
799 | 799 | | in the immediate vicinity of the manufactured home; and |
---|
800 | 800 | | (b) If the manufactured home has an elevated foundation, the |
---|
801 | 801 | | foundation is masked architecturally in a manner determined by the |
---|
802 | 802 | | governing body. |
---|
803 | 803 | | The governing body of a local government in a county whose |
---|
804 | 804 | | population is less than 45,000 may adopt standards that are less |
---|
805 | 805 | | restrictive than the standards set forth in this subsection. |
---|
806 | 806 | | 3. Standards adopted by a governing body pursuant to |
---|
807 | 807 | | subsection 2 must be objective and documented clearly and must not |
---|
808 | 808 | | be adopted to discourage or impede the construction or provision of |
---|
809 | 809 | | affordable housing, including, without limitation, the use of |
---|
810 | 810 | | manufactured homes for affordable housing. |
---|
811 | 811 | | – 18 – |
---|
812 | 812 | | |
---|
813 | 813 | | |
---|
814 | 814 | | - 82nd Session (2023) |
---|
815 | 815 | | 4. Before a building department issues a permit to place a |
---|
816 | 816 | | manufactured home on a lot pursuant to this section, other than a |
---|
817 | 817 | | new manufactured home, the owner must surrender the certificate of |
---|
818 | 818 | | [ownership] title to the Housing Division of the Department of |
---|
819 | 819 | | Business and Industry. The Division shall provide proof of such a |
---|
820 | 820 | | surrender to the owner who must submit that proof to the building |
---|
821 | 821 | | department. |
---|
822 | 822 | | 5. The provisions of this section do not abrogate a recorded |
---|
823 | 823 | | restrictive covenant prohibiting manufactured homes, nor do the |
---|
824 | 824 | | provisions apply within the boundaries of a historic district |
---|
825 | 825 | | established pursuant to NRS 384.005 or 384.100. An application to |
---|
826 | 826 | | place a manufactured home on a residential lot pursuant to this |
---|
827 | 827 | | section constitutes an attestation by the owner of the lot that the |
---|
828 | 828 | | placement complies with all covenants, conditions and restrictions |
---|
829 | 829 | | placed on the lot and that the lot is not located within a historic |
---|
830 | 830 | | district. |
---|
831 | 831 | | 6. As used in this section: |
---|
832 | 832 | | (a) “Manufactured home” has the meaning ascribed to it in |
---|
833 | 833 | | NRS 489.113. |
---|
834 | 834 | | (b) “New manufactured home” has the meaning ascribed to it in |
---|
835 | 835 | | NRS 489.125. |
---|
836 | 836 | | Sec. 20. NRS 319.169 is hereby amended to read as follows: |
---|
837 | 837 | | 319.169 1. The Account for Housing Inspection and |
---|
838 | 838 | | Compliance is hereby created in the State General Fund. |
---|
839 | 839 | | 2. The Account must be administered by the Division. Except |
---|
840 | 840 | | as otherwise provided in NRS 118B.213 and 489.265, all money |
---|
841 | 841 | | received by the Division pursuant to NRS 118B.185 or any other |
---|
842 | 842 | | source must be deposited into the Account. |
---|
843 | 843 | | 3. The interest and income earned on the money in the |
---|
844 | 844 | | Account, after deducting any applicable charges, must be credited to |
---|
845 | 845 | | the Account. |
---|
846 | 846 | | 4. Claims against the Account must be paid as other claims |
---|
847 | 847 | | against the State are paid. |
---|
848 | 848 | | 5. The Administrator shall adopt regulations setting forth the |
---|
849 | 849 | | use of the money in the Account, including, without limitation: |
---|
850 | 850 | | (a) Licensing, regulating and inspecting: |
---|
851 | 851 | | (1) Housing for persons of low-income that is financed |
---|
852 | 852 | | pursuant to this chapter; and |
---|
853 | 853 | | (2) Manufactured homes, mobile homes, manufactured |
---|
854 | 854 | | buildings, commercial coaches, factory-built housing or |
---|
855 | 855 | | manufactured home parks pursuant to chapters 118B, 461, 461A and |
---|
856 | 856 | | 489 of NRS; |
---|
857 | 857 | | – 19 – |
---|
858 | 858 | | |
---|
859 | 859 | | |
---|
860 | 860 | | - 82nd Session (2023) |
---|
861 | 861 | | (b) Licensing, regulating and inspecting manufacturers, general |
---|
862 | 862 | | servicepersons, dealers, responsible managing employees, |
---|
863 | 863 | | salespersons, distributors and specialty servicepersons pursuant to |
---|
864 | 864 | | chapter 489 of NRS; |
---|
865 | 865 | | (c) Maintaining title records, and issuing certificates of |
---|
866 | 866 | | [ownership,] title, property liens and conversions to real property of |
---|
867 | 867 | | a mobile home or manufactured home; |
---|
868 | 868 | | (d) Investigating complaints, including, without limitation, |
---|
869 | 869 | | complaints: |
---|
870 | 870 | | (1) Between a landlord and a tenant of a mobile home park; |
---|
871 | 871 | | and |
---|
872 | 872 | | (2) Alleging unlicensed activity; and |
---|
873 | 873 | | (e) Administering any educational and training program for a |
---|
874 | 874 | | provider of manufactured housing. |
---|
875 | 875 | | 6. As used in this section: |
---|
876 | 876 | | (a) “Commercial coach” has the meaning ascribed to it in |
---|
877 | 877 | | NRS 489.062. |
---|
878 | 878 | | (b) “Dealer” has the meaning ascribed to it in NRS 489.076. |
---|
879 | 879 | | (c) “Distributor” has the meaning ascribed to it in NRS 489.081. |
---|
880 | 880 | | (d) “Factory-built housing” has the meaning ascribed to it in |
---|
881 | 881 | | NRS 461.080. |
---|
882 | 882 | | (e) “General serviceperson” has the meaning ascribed to it in |
---|
883 | 883 | | NRS 489.102. |
---|
884 | 884 | | (f) “Manufactured building” has the meaning ascribed to it in |
---|
885 | 885 | | NRS 461.132. |
---|
886 | 886 | | (g) “Manufactured home” has the meaning ascribed to it in |
---|
887 | 887 | | NRS 489.113. |
---|
888 | 888 | | (h) “Manufactured home lot” has the meaning ascribed to it in |
---|
889 | 889 | | NRS 118B.016. |
---|
890 | 890 | | (i) “Manufactured home park” has the meaning ascribed to it in |
---|
891 | 891 | | NRS 118B.017. |
---|
892 | 892 | | (j) “Manufacturer” has the meaning ascribed to it in |
---|
893 | 893 | | NRS 489.115. |
---|
894 | 894 | | (k) “Mobile home” has the meaning ascribed to it in |
---|
895 | 895 | | NRS 489.120. |
---|
896 | 896 | | (l) “Mobile home park” has the meaning ascribed to |
---|
897 | 897 | | “manufactured home park” in NRS 118B.017. |
---|
898 | 898 | | (m) “Responsible managing employee” has the meaning |
---|
899 | 899 | | ascribed to it in NRS 489.1353. |
---|
900 | 900 | | (n) “Salesperson” has the meaning ascribed to it in |
---|
901 | 901 | | NRS 489.137. |
---|
902 | 902 | | (o) “Specialty serviceperson” has the meaning ascribed to it in |
---|
903 | 903 | | NRS 489.147. |
---|
904 | 904 | | – 20 – |
---|
905 | 905 | | |
---|
906 | 906 | | |
---|
907 | 907 | | - 82nd Session (2023) |
---|
908 | 908 | | Sec. 21. NRS 361.2445 is hereby amended to read as follows: |
---|
909 | 909 | | 361.2445 1. A mobile or manufactured home which has been |
---|
910 | 910 | | converted to real property pursuant to NRS 361.244 may not be |
---|
911 | 911 | | removed from the real property to which it is affixed unless, at least |
---|
912 | 912 | | 30 days before removing the mobile or manufactured home: |
---|
913 | 913 | | (a) The owner: |
---|
914 | 914 | | (1) Files with the Division an affidavit stating that the sole |
---|
915 | 915 | | purpose for converting the mobile or manufactured home from real |
---|
916 | 916 | | to personal property is to effect a transfer of the title to the mobile or |
---|
917 | 917 | | manufactured home; |
---|
918 | 918 | | (2) Files with the Division the affidavit of consent to the |
---|
919 | 919 | | removal of the mobile or manufactured home of each person who |
---|
920 | 920 | | holds any legal interest in the real property to which the mobile or |
---|
921 | 921 | | manufactured home is affixed; and |
---|
922 | 922 | | (3) Gives written notice to the county assessor of the county |
---|
923 | 923 | | in which the real property is situated; and |
---|
924 | 924 | | (b) The county tax receiver certifies in writing that all taxes for |
---|
925 | 925 | | the fiscal year on the mobile or manufactured home and the real |
---|
926 | 926 | | property to which the mobile or manufactured home is affixed have |
---|
927 | 927 | | been paid. |
---|
928 | 928 | | 2. The county assessor shall not remove a mobile or |
---|
929 | 929 | | manufactured home from the tax rolls until: |
---|
930 | 930 | | (a) The county assessor has received verification that there is no |
---|
931 | 931 | | security interest in the mobile or manufactured home or the holders |
---|
932 | 932 | | of security interests have agreed in writing to the conversion of the |
---|
933 | 933 | | mobile or manufactured home to personal property; and |
---|
934 | 934 | | (b) An affidavit of conversion of the mobile or manufactured |
---|
935 | 935 | | home from real to personal property has been recorded in the county |
---|
936 | 936 | | recorder’s office of the county in which the real property to which |
---|
937 | 937 | | the mobile or manufactured home was affixed is situated. |
---|
938 | 938 | | 3. A mobile or manufactured home which is physically |
---|
939 | 939 | | removed from real property pursuant to this section shall be deemed |
---|
940 | 940 | | to be personal property immediately upon its removal. |
---|
941 | 941 | | 4. The Department shall adopt: |
---|
942 | 942 | | (a) Such regulations as are necessary to carry out the provisions |
---|
943 | 943 | | of this section; and |
---|
944 | 944 | | (b) A standard form for the affidavits required by this section. |
---|
945 | 945 | | 5. Before the owner of a mobile or manufactured home that has |
---|
946 | 946 | | been converted to personal property pursuant to this section may |
---|
947 | 947 | | transfer ownership of the mobile or manufactured home, he or she |
---|
948 | 948 | | must obtain a certificate of [ownership] title from the Division. |
---|
949 | 949 | | 6. For the purposes of this section, the removal of a mobile or |
---|
950 | 950 | | manufactured home from real property includes the detachment of |
---|
951 | 951 | | – 21 – |
---|
952 | 952 | | |
---|
953 | 953 | | |
---|
954 | 954 | | - 82nd Session (2023) |
---|
955 | 955 | | the mobile or manufactured home from its foundation, other than |
---|
956 | 956 | | temporarily for the purpose of making repairs or improvements to |
---|
957 | 957 | | the mobile or manufactured home or the foundation. |
---|
958 | 958 | | 7. An owner who physically removes a mobile or |
---|
959 | 959 | | manufactured home from real property in violation of this section is |
---|
960 | 960 | | liable for all legal costs and fees, plus the actual expenses, incurred |
---|
961 | 961 | | by a person who holds any interest in the real property to restore the |
---|
962 | 962 | | real property to its former condition. Any judgment obtained |
---|
963 | 963 | | pursuant to this section may be recorded as a lien upon the mobile or |
---|
964 | 964 | | manufactured home so removed. |
---|
965 | 965 | | 8. As used in this section: |
---|
966 | 966 | | (a) “Division” means the Housing Division of the Department of |
---|
967 | 967 | | Business and Industry. |
---|
968 | 968 | | (b) “Owner” means any person who holds an interest in the |
---|
969 | 969 | | mobile or manufactured home or the real property to which the |
---|
970 | 970 | | mobile or manufactured home is affixed evidenced by a conveyance |
---|
971 | 971 | | or other instrument which transfers that interest to him or her and is |
---|
972 | 972 | | recorded in the office of the county recorder of the county in which |
---|
973 | 973 | | the mobile or manufactured home and real property are situated, but |
---|
974 | 974 | | does not include the owner or holder of a right-of-way, easement or |
---|
975 | 975 | | subsurface property right appurtenant to the real property. |
---|
976 | 976 | | Sec. 22. NRS 372.383 is hereby amended to read as follows: |
---|
977 | 977 | | 372.383 1. If a certificate of [ownership] title has been issued |
---|
978 | 978 | | for a used manufactured home or used mobile home by the |
---|
979 | 979 | | Department of Motor Vehicles or the Housing Division of the |
---|
980 | 980 | | Department of Business and Industry, it is presumed that the taxes |
---|
981 | 981 | | imposed by this chapter have been paid with respect to that |
---|
982 | 982 | | manufactured home or mobile home. |
---|
983 | 983 | | 2. As used in this section, “manufactured home” and “mobile |
---|
984 | 984 | | home” have the meanings ascribed to them in NRS 372.316. |
---|
985 | 985 | | Sec. 23. NRS 374.388 is hereby amended to read as follows: |
---|
986 | 986 | | 374.388 1. If a certificate of [ownership] title has been issued |
---|
987 | 987 | | for a used manufactured home or used mobile home by the |
---|
988 | 988 | | Department of Motor Vehicles or the Housing Division of the |
---|
989 | 989 | | Department of Business and Industry, it is presumed that the taxes |
---|
990 | 990 | | imposed by this chapter have been paid with respect to that |
---|
991 | 991 | | manufactured home or mobile home. |
---|
992 | 992 | | 2. As used in this section, “manufactured home” and “mobile |
---|
993 | 993 | | home” have the meanings ascribed to them in NRS 374.321. |
---|
994 | 994 | | Sec. 24. Notwithstanding the amendatory provisions of this |
---|
995 | 995 | | act, any valid certificate of ownership for a manufactured home, |
---|
996 | 996 | | mobile home, manufactured building or commercial coach or |
---|
997 | 997 | | factory-built housing that was issued by the Housing Division of the |
---|
998 | 998 | | – 22 – |
---|
999 | 999 | | |
---|
1000 | 1000 | | |
---|
1001 | 1001 | | - 82nd Session (2023) |
---|
1002 | 1002 | | Department of Business and Industry before July 1, 2023, shall be |
---|
1003 | 1003 | | deemed to be a certificate of title issued by the Housing Division of |
---|
1004 | 1004 | | the Department of Business and Industry. |
---|
1005 | 1005 | | Sec. 25. The Legislative Counsel shall: |
---|
1006 | 1006 | | 1. In preparing the Nevada Revised Statutes, make such |
---|
1007 | 1007 | | changes as necessary so that references to a “certificate of |
---|
1008 | 1008 | | ownership” issued by the Housing Division of the Department of |
---|
1009 | 1009 | | Business and Industry are changed to a “certificate of title” issued |
---|
1010 | 1010 | | by the Housing Division of the Department of Business and |
---|
1011 | 1011 | | Industry; and |
---|
1012 | 1012 | | 2. In preparing supplements to the Nevada Administrative |
---|
1013 | 1013 | | Code, make such changes as necessary so that references to a |
---|
1014 | 1014 | | “certificate of ownership” issued by the Housing Division of the |
---|
1015 | 1015 | | Department of Business and Industry are changed to a “certificate of |
---|
1016 | 1016 | | title” issued by the Housing Division of the Department of Business |
---|
1017 | 1017 | | and Industry. |
---|
1018 | 1018 | | Sec. 26. NRS 489.551 is hereby repealed. |
---|
1019 | 1019 | | Sec. 27. 1. This section and section 26 of this act become |
---|
1020 | 1020 | | effective upon passage and approval. |
---|
1021 | 1021 | | 2. Sections 1 to 25, inclusive, of this act become effective: |
---|
1022 | 1022 | | (a) Upon passage and approval for the purpose of adopting any |
---|
1023 | 1023 | | regulations and performing any other preparatory administrative |
---|
1024 | 1024 | | tasks that are necessary to carry out the provisions of this act; and |
---|
1025 | 1025 | | (b) On July 1, 2023, for all other purposes. |
---|
1026 | 1026 | | |
---|
1027 | 1027 | | 20 ~~~~~ 23 |
---|
1028 | 1028 | | |
---|