AB 31 — Revises provisions concerning an application for a certificate as a community manager or registration as a reserve study specialist. (BDR 10-223)

*Assembly A.B.Bill No.

3131–Committee ASSEMBLYon BGovernment ILLNAffairs O.CHAPTER..........

31–COMMITTEE ON GOVERNMENT A FFAIRS (ON B EHALF OF THE R EAL ESTATE D IVISION OF THE DEPARTMENT OF BUSINESS AND INDUSTRY ) PREFILED N OVEMBER 16, 2018 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions concerning an application for a certificate as a community manager or registration as a reserve study specialist.

(BDR 10-223) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

ExistingDivision lawof requiresthe aDepartment personof toBusiness holdand aIndustry certificatebefore issuedproviding byfor theorEstate Realotherwise Estateengaging Divisionin of the Departmentmanagement of Businessa andcommon-interest Industrycommunity before providing for or the management of an association of a condominium hotel.

(NRS 116A.420) Section 1 of this bill requires an applicant for such a certificate or registration to apply to the Division and, as part of the application, to submit fingerprints to the Division or the Central Repository for Nevada Records of Criminal History to allow the Federal Bureau of Investigation bill delete provisions authorizing the Commission for Common-Interest and 3 of this Communities and Condominium Hotels to adoptconduct regulationsan requiring the investigation of anthe applicant’s background.

(NRSSections 116A.410)2 -and *AB31*3 –of 2this –bill THEdelete PEOPLEprovisions OFauthorizing THEthe STATECommission OFfor NEVADA,Common-Interest REPRESENTEDCommunities INand SENATECondominium ANDHotels ASSEMBLY,to DOadopt ENACTregulations ASrequiring FOLLOWS:the investigation of an applicant’s background.

(NRS 116A.410) EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(I) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement - 80th Session (2019) – 2 – agencies as the Division deems necessary for a report on the applicant’s background;

or (II) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background.

An application shall not be deemed to be complete until the Division has received a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by - *AB31* – 3 – other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

Sec.116A.410 NR1.

2.

NRS 116A.410 is hereby amended to read as follows:

116A.410 1.

- 80th Session (2019) – 3 – (II) Provides evidence that the person has been engaged in the management of a common-interest community for at least 5 years;

(2) Except as otherwise provided in subparagraph (3), provide for the issuance of a temporary certificate for a 1-year period to (I) Receives an offer of employment as a communityperson managerwho: from an association or its agent;

andmanager sufficientfrom byan the executive board of the association or its agentagent; making the offer in sub-subparagraph (I).

and as a community (II) Has management experience determined to be sufficient by the executive board of the association or its agent making the offer in sub-subparagraph (I).

and - *AB31* – 4 – (II) Has not been the subject of any disciplinary action pursuant to this chapter or chapter 116 of NRS or any regulationsregulationsn adopted pursuant thereto.

- 80th Session (2019) – 4 – (b) May require applicants to pass an examination in order to obtain a certificate other than a temporary certificate described in paragraph (a).

(c) Must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervisionlength under another community manager, regardless of thetime communitythat manager.t has passed since the person last acted as a (d)community [Maymanager. require an investigation of an applicant’s background.

shall(d) by[May regulationrequire establishan feesinvestigation to pay the costs of theissionan investigation.applicant’s background.

If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

(2) Authorize the satisfaction of not more than 5 of the required hours of continuing education, which must be designated as instruction relating to the provisions of this chapter and chapter 116 of NRS and any regulations adopted pursuant thereto, in increments - *AB31* – 5 – of 1 hour, within the 2 years immediately preceding the date on which the certificate expires by:

- 80th Session (2019) – 5 – 2.

(a) In which the person holding the position was required, as part of holding the position, to engage in one or more management activities, including, without limitation, supervision of personnel, development of budgets or financial plans, protection of assets, logistics, management of human resources, development or training of personnel, public relations, or protection or maintenance of fac(b)facilities; Without regard to whether the person holding the position has any experience managing or otherwise working for an assSec.

and (b) Without regard to whether the person holding the position has any experience managing or otherwise working for an association.

Sec.

If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of thetheission investigation.

(d)] Must establish the grounds for initiating disciplinary action against a person who has registered, including, without limitation, - *AB31* – 6 – the grounds for placing conditions, limitations or restrictions on reg[(e)]registration (d)and Mustfor establishthe rulessuspension ofor practicerevocation andof procedureregistration. foron.

[(e)] (d) Must establish rules of practice and procedure for conducting disciplinary hearings.