Revises provisions governing the transfer, title and sale of manufactured homes. (BDR 43-801)
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AB 364 — Revises provisions governing the transfer, title and sale of manufactured homes. (BDR 43-801)
Last action — Approved by the Governor. Chapter 381.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 20, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to manufactured homes; authorizing the issuance of a certificate of ownership for a manufactured home, mobile home or commercial coach under certain circumstances; providing for the automatic transfer of certain manufactured homes, mobile homes and commercial coaches to designated beneficiaries upon the death of the owner; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
204 added · 213 removed204 line(s) added, 213 removed.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§ 3) (Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
364364–Assemblyman AWatts SSEMBLYCHAPTER.......... BILL NO .
364–ASSEMBLYMAN W ATTS M ARCH 20, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing the transfer, title and sale of manufactured homes.
(BDR 43-801) 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.
LegUnderLegislative existingCounsel’s law,Digest: if a person applying for a certificate of ownership for a manufactured home, mobile home or commercial coach from the Housing Division of the Department of Business and Industry cannot present the certificate of ownership previously issued, the Division may receive the application, examine the circumstances of the case and require the filing of affidavits or other information.
TheUnder Divisionexisting maylaw, issueif a person applying for a certificate of ownership tofor a manufactured home, mobile home or commercial coach from the applicantHousing whenDivision of the Department of Business and Industry cannot present the certificate of ownership previously issued, the Division ismay satisfiedreceive the applicantapplication, isexamine entitledthe toThe suchDivision may issue a certificate.certificate of ownership to the applicant when theormation.
(NRSDivision 489.561)is satisfactorysatisfied to the Divisionapplicant that the person is entitled to asuch certificate of ownership to obtain a newcertificate. certificate of ownership by:
(NRS 489.561) Section 2 of this bill authorizes a person who is unable to provide information satisfactory to the Division that the person is entitled to a certificate of ownership to obtain a new certificate of ownership by:
and (2) allowing the Division to inspect the manufactured home, mobile home or commercial coach for compliance with certainsubsequent safetyowners standards.or lienholders of the manufactured home, mobile home orior and commercial coach against any expense, loss or damage because of the issuance of the certificate of ownership, or because of any defect in or undisclosed security interest in the applicant’s right or title to the manufactured home, mobile home or commercial coach or the applicant’s interest in the manufactured home, mobile home or commercial coach.
SuchSection a2 bondalso mustabolishes be conditioned to indemnify prior and commercial coach against any expense,right loss or damage because of theaction issuanceagainst of the certificateDivision offor ownership,taking orcertain becauseactions of any defect in or undisclosedfailing security interest in the applicant’s right or title to theact manufactured home, mobile home or commercial coach or the applicant’s interest in theproviding manufactureda home,certificate mobileof homeownership orpursuant commercialto coach.that section.
Section 25 alsoof abolishesthis anybill rightmakes a conforming chanExisting law provides for nonprobate transfer of actioncertain againstproperty from the -owner *AB364_R1*to –a 2named –beneficiary, ownershipincluding, pursuantwithout tolimitation, thatnonprobate section.transfers of certain motor vehicles for which the owner has obtained a certificate of title in beneficiary form from the Department of Motor Vehicles.
(NRS 482.247) Section 53 of this bill makesauthorizes the owner or owners of a conformingatemanufactured home, mobile home or commercial coach to request a certificate of change.ownership in beneficiary form from the Housing Division of the Department of Business and Industry which directs the Division to transfer the certificate of ownership to a designated beneficiary upon revoking a certificate of ownership in beneficiary form, and specifies that a transfer of ownership made by a certificate of ownership in beneficiary form is not subject to the statutes governing probate matters.
Existing law provides for nonprobate transfer of certain property from the owner to a named beneficiary, including, without limitation, nonprobate transfers of certain motor vehicles for which the owner has obtained a certificate of title in beneficiary form from the Department of Motor Vehicles.
(NRS 482.247) Section 3 or commercial coach to request a certificate of ownership in beneficiary form from the Housing Division of the Department of Business and Industry which directs the Division to transfer the certificate of ownership to a designated beneficiary upon the death of the owner.
Section 3 also provides procedures for obtaining and revoking a certificate of ownership in beneficiary form, and specifies that a transfer to the statutes governing probate matters.
(NRS 489.551) Section 3.5 of this bill requires the Administrator of the Housing Division to adopt regulations - 80th Session (2019) – 2 – pertaining to the issuance of the bonded certificates of ownership and the certificates of ownership in beneficiary form provided for in sections 2 and 3.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and (b) Allowing the Department to inspect the manufactured home, mobile home or commercial coach for compliance with the safety standards and other requirements provided in regulations adopted by the Administrator pursuant to NRS 489.251.489.251.egulations 2.
2.
- *AB364_R1* – 3 – (c) In an amount equal to one and one-half times the most recent assessed value assigned by the relevant county assessor to the manufactured home, mobile home or commercial coach;
or - 80th Session (2019) – 3 – (3) Person acquiring a security interest in the manufactured home, mobile home or commercial coach, and his or her successors in interest, against any expense, loss or damage because of the issuance of the certificate of ownership or because of any defect in or undisclosed security interest in the applicant’s right or title to the manufactured home, mobile home or commercial coach or the applicant’s interest in the manufactured home, mobile home or commercial coach.
4.reason of any action or failure to act on the part of the Division or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home or commercial coach or the existence of a certificate of ownership obtained pursuant to this section.
ASec. right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Division or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information home or commercial coach or the existence of a certificate of ownership obtained pursuant to this section.
home,3. mobile home or commercial coach may request theured Department to issue a certificate of ownership in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.
1.
The owner or joint owners of a manufactured home, mobile home or commercial coach may request the Department to issue a certificate of ownership in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.
and (b) Be accompanied by the fee for the issuance of a certificate of ownership.3.neA certificate of ownership in beneficiary form may not be issued to a person who holds an interest in a manufactured home, mobile home or commercial coach as a tenant in common with another person.
3.4.
A certificate of ownership in beneficiary form may not be issued to a person who holds an interest in a manufactured home, mobile home or commercial coach as a tenant in common with another person.
- *AB364_R1* – 4 – 4.
(a) The signature or consent of the beneficiary is not required for any transaction relating to a manufactured home, mobile - 80th Session (2019) – 4 – home or commercial coach for which a certificate of ownership in beneficiary form has been issued;
or (2) Filing an application with, and paying a fee to, the Department to reissue the certificate of ownership with no designationbeneficiary.of of a beneficiary or with the designation of a different beneficiary.6.
6.The interest of the beneficiary in a manufactured home, mobile home or commercial coach on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the manufactured home, mobile home or commercial coach were subject during their lifetime.
Show all 55 changed lines (15 more)
The interest of the beneficiary in a manufactured home, mobile home or commercial coach on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to home or commercial coach were subject during their lifetime.
Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of ownership in beneficiary form may not be changed or revoked byeby of will, any other instrument or a change in circumstances, or otherwise changed or revoked.
and (b) Payment of the fee for a certificate of ownership, issue a new certificate of ownership for the manufactured home, mobile home or commercial coach to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.int9.esFor the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.
9.
For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.
- *AB364_R1* – 5 – 11.
- 80th Session (2019) – 5 – (b) “Certificate of ownership in beneficiary form” means a certificate of ownership of a manufactured home, mobile home or commercial coach that indicates the present owner or owners of the manufactured home, mobile home or commercial coach and designates a beneficiary.
and 2.in beneficiary form and a change in beneficiary for such anership certificate of ownership pursuant to section 3 of this act.
The issuance and revocation of a certificate of ownership in beneficiary form and a change in beneficiary for such a certificate of ownership pursuant to section 3 of this act.
489.551 [Upon] Except as otherwise provided in section 3 of this act, upon a transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach for which a certificate of ownership is issued pursuant to the provisions of this chapter, the person whose title or interest is to be transferred and the transferee shall write their signatures with ink upon the certificate of ownership issued for the manufactured home, mobile home orcertificateor of commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
489.561 Whenever an application is made to the Division for title of a manufactured home, mobile home or commercial coach previously titled and the applicant is unable to present the certificate of ownership previously issued because it is lost or being unlawfullyunlawfullyate detained by one in possession or is not otherwise available, the Division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information.
- *AB364_R1* – 6 – 1.
Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and - 80th Session (2019) – 6 – 2.
H~~~~~ 19 - *AB364_R1*80th Session (2019)
Show all 55 changed rows (15 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 381.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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Notice of eligibility for exemption. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 606.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Howard Watts · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Watts, Howard Democratic
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 364 do?
- AN ACT relating to manufactured homes; authorizing the issuance of a certificate of ownership for a manufactured home, mobile home or commercial coach under certain circumstances; providing for the automatic transfer of certain manufactured homes, mobile homes and commercial coaches to designated beneficiaries upon the death of the owner; and providing other matters properly relating thereto.
- Who sponsors AB 364?
- AB 364 is sponsored by Watts, Howard (Democratic).
- What is the current status of AB 364?
- This bill has been enacted into law. Introduced March 20, 2019. Enacted.
- Where can I track AB 364?
- Track AB 364 free on One Click Politics — get push/email alerts when it moves.
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