SB0055

SENATE BILL 55

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; ASSIGNING REGULATORY RESPONSIBILITIES FOR MANUFACTURED HOUSING TO THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT; PROVIDING POWERS AND DUTIES; REPEALING OBSOLETE PROVISIONS OF LAW; TRANSFERRING FUNCTIONS, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 9-16-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 20, as amended) is amended to read:

"9-16-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "regulation and licensing department". The department shall not be a cabinet department. The department shall consist of but not be limited to [six] five divisions as follows:

A. the administrative services division;

B. the construction industries division;

C. the financial institutions division;

D. the securities division; and

[E. the manufactured housing division; and

F.] E. the alcohol and gaming division."

SECTION 2. Section 9-16-14 NMSA 1978 (being Laws 1987, Chapter 298, Section 1, as amended) is amended to read:

"9-16-14. REGULATION AND LICENSING DEPARTMENT OPERATING FUND.--

A. There is established in the state treasury the "regulation and licensing department operating fund" to be administered by the department.

B. All money received by the administrative services division, the construction industries division, the financial institutions division and the securities division [and the manufactured housing division], other than money earmarked for revolving funds, shall be deposited with the state treasurer and held in a separate suspense account for each division. In the seventy-sixth fiscal year, all money deposited in the suspense accounts shall be transferred monthly to the general fund until the sum of all money transferred to the general fund equals the total amount deposited and transferred to the general fund from those divisions in the seventy-fourth fiscal year. All additional money deposited in the divisions' suspense accounts during the seventy-sixth fiscal year shall be transferred to the regulation and licensing department operating fund on June 30, 1988.

C. In the seventy-seventh fiscal year and each fiscal year thereafter, on the last day of each month, the department shall transfer all money received during the month from the divisions' suspense accounts to the general fund."

SECTION 3. Section 40-5A-3 NMSA 1978 (being Laws 1995, Chapter 25, Section 3, as amended) is amended to read:

"40-5A-3. DEFINITIONS.--As used in the Parental Responsibility Act:

A. "applicant" means an obligor who is applying for issuance of a license;

B. "board" means:

(1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

[(2) the manufactured housing committee and manufactured housing division of the regulation and licensing department;

(3)] (2) a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;

[(4)] (3) any other state agency to which the Uniform Licensing Act is applied by law;

[(5)] (4) a licensing board or other authority that issues a license, certificate, registration or permit to engage in a profession or occupation regulated in New Mexico;

[(6)] (5) the department of game and fish;

[(7)] (6) the motor vehicle division of the taxation and revenue department; or

[(8)] (7) the alcohol and gaming division of the regulation and licensing department;

C. "certified list" means a verified list that includes the names, social security numbers and last known addresses of obligors not in compliance;

D. "compliance" means that:

(1) an obligor is no more than thirty days in arrears in payment of amounts required to be paid pursuant to an outstanding judgment and order for support; and

(2) an obligor has, after receiving appropriate notice, complied with subpoenas or warrants relating to paternity or child support proceedings;

E. "department" means the human services department;

F. "judgment and order for support" means the judgment entered against an obligor by the district court or a tribal court in a case enforced by the department pursuant to Title IV-D of the Social Security Act;

G. "license" means a liquor license or other license, certificate, registration or permit issued by a board that a person is required to have to engage in a profession or occupation in New Mexico; "license" includes a commercial driver's license, driver's license and recreational licenses, including hunting, fishing or trapping licenses;

H. "licensee" means an obligor to whom a license has been issued; and

I. "obligor" means the person who has been ordered to pay child or spousal support pursuant to a judgment and order for support."

SECTION 4. Section 60-14-2 NMSA 1978 (being Laws 1978, Chapter 79, Section 1, as amended) is amended to read:

"60-14-2. DEFINITIONS.--As used in the Manufactured Housing Act:

A. "broker" means any person who, for a fee, commission or valuable consideration, lists, sells, offers for sale, exchanges, offers to exchange, rents or leases or offers to rent or lease preowned manufactured homes for another person or who negotiates, offers to negotiate, locates or brings together a buyer and a seller or offers to locate or bring together a buyer and a seller in conjunction with the sale, exchange, rental or lease of a preowned manufactured home. A broker may or may not be an agent of any party involved in the transaction. No person shall be considered a broker unless engaged in brokerage activities related to the sale, exchange or lease-purchase of two or more preowned manufactured homes to consumers in any consecutive twelve-month period;

B. "certificate of qualification" means a certificate issued by the division to a qualifying party;

C. "committee" means the manufactured housing committee;

D. "consumer" means any person who seeks or acquires by purchase, exchange or lease-purchase a manufactured home;

E. "dealer" means any person engaged in the business of buying for resale, selling or exchanging manufactured homes or offering manufactured homes for sale, exchange or lease-purchase to consumers. No person shall be considered a dealer unless engaged in the sale, exchange or lease-purchase of two or more manufactured homes to consumers in any consecutive twelve-month period. A dealer may also engage in any brokerage activities included under the definition of broker in this section; provided that "dealer" shall not include:

(1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;

(2) public officers while performing their duties as such officers; and

(3) finance companies, banks and other lending institutions covering sales of repossessed manufactured houses;

F. "director" means the director of the [manufactured housing] division;

G. "division" means the [manufactured housing] construction industries division of the regulation and licensing department;

H. "inspection agency" means any firm, partnership, corporation, association or any combination [thereof] approved in accordance with [regulations] rules adopted by the division as having the personnel and equipment available to adequately inspect for the proper construction of manufactured homes or house trailers not used exclusively for recreational purposes;

I. "inspector" means a person appointed by the division as being qualified to adequately inspect the construction, electrical installations and mechanical installations of manufactured homes and their repair and modification, as well as the installation, tie-downs, blocking, skirting and water, gas and sewer connections of any manufactured homes in New Mexico;

J. "installer" means any person who installs manufactured homes for remuneration;

K. "installation" [means, but is not limited to] includes preparation by an installer of a manufactured home site, construction of tie-down facilities and connection to on-site utility terminals;

L. "manufacturer" means any resident or nonresident person who manufactures or assembles manufactured homes or any component of manufactured homes;

M. "manufactured home" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and [which] that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towable but designed to be joined into one integral unit, as well as a single unit. "Manufactured home" does not include recreational vehicles or modular or premanufactured homes, built to Uniform Building Code standards, designed to be permanently affixed to real property. "Manufactured home" includes any movable or portable housing structure over twelve feet in width and forty feet in length [which] that is used for nonresidential purposes;

N. "permit" means a certificate issued by the division to the dealer or installer of a manufactured home indicating that the manufactured home meets the minimum requirements for occupancy provided for by codes or [regulations] rules of the division;

O. "person" includes an individual, firm, partnership, corporation, association or other legal entity [or any combination thereof];

P. "qualifying party" means any individual who submits to the examination for a license, other than a broker's or salesperson's license, to be issued under the Manufactured Housing Act to a licensee, other than an individual, and who after passing such an examination is responsible for the licensee's compliance with the requirements of that act and with the rules, [regulations] codes and standards adopted and promulgated in accordance with the provisions of the Manufactured Housing Act;

Q. "repairman" means any person who, for remuneration or consideration, modifies, alters or repairs the structural, mechanical or electrical systems of a manufactured home; and

R. "salesperson" means any person who for any form of compensation sells or lease-purchases or offers to sell or lease-purchase manufactured homes to consumers as an employee or agent of a dealer."

SECTION 5. Section 60-14-4 NMSA 1978 (being Laws 1978, Chapter 80, Section 1, as amended) is amended to read:

"60-14-4. POWERS AND DUTIES OF DIVISION.--The division shall:

A. prepare, administer and grade examinations for licensure under the classification sought by each applicant;

B. issue licenses and certificates of qualification in accordance with the provisions of the Manufactured Housing Act;

C. establish and collect fees authorized to be collected by the division pursuant to the Manufactured Housing Act;

D. [subject to the approval of the committee] adopt rules [and regulations] relating to the construction, repair, modification, installation, tie-down, hookup and sale of all manufactured homes, which [regulations] rules shall be uniform throughout the state and shall be enforced by inspectors for the division to insure minimum standards of safety within the state and any of its political subdivisions. Ordinances of any political subdivision of New Mexico relating to gas, including natural gas, liquefied petroleum gas or synthetic natural gas; electricity; sanitary plumbing; and installation or sale of manufactured homes shall not be inconsistent with any rules, [regulations] codes or standards adopted by the division pursuant to the Manufactured Housing Act;

E. adopt a budget and submit it to the regulation and licensing department for approval;

F. make an annual report to the superintendent of regulation and licensing concerning the operations of the division. The report shall contain the division's recommendations for legislation that it deems necessary to improve the licensing and the ethical and technical practices of the manufactured housing industry and to protect the public welfare;

G. [subject to the approval of the committee] adopt such rules, [regulations] codes and standards as are necessary to carry out the provisions of the Manufactured Housing Act;

H. prepare a uniform manufacturer's warranty and require its adoption as a condition of licensure by all manufacturers of manufactured homes doing business in New Mexico;

I. [subject to the approval of the committee] adopt by [regulation] rule the mobile home construction and safety standards contained in the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended;

J. [subject to the approval of the committee] adopt by [regulation] rule the mobile home procedural and enforcement regulations, 24 C.F.R. 3282, as amended, promulgated by the department of housing and urban development pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended;

K. issue permits and provide for a single inspection of every installation in New Mexico, regardless of the location;

L. [subject to the approval of the committee] adopt [regulations] rules prescribing standards for the installation or use of electrical wiring; the installation of all fixtures, plumbing, consumer's gas pipe, including natural gas, liquefied petroleum gas and synthetic natural gas, appliances and materials installed in the course of mechanical installation; and the construction, alteration, installation and repair of all manufactured homes intended for use in flood or mudslide areas designated pursuant to Section 3-18-7 NMSA 1978. The [regulations] rules shall give due regard to standards prescribed by the federal insurance administration pursuant to regulation 1910, Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 5757, all as amended, and shall give due regard to physical, climatic and other conditions peculiar to New Mexico;

M. conduct "inspector schools" so that each inspector under the division's jurisdiction is capable of giving a complete one-time inspection for the sufficiency of unit installation, construction and mechanical and electrical systems;

N. enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds or other financial assistance to further the purposes of the Manufactured Housing Act. The division may enter into agreements with municipalities and counties to provide for the inspection of manufactured homes by employees of municipalities and counties, to be performed under the supervision and control of the division. The division may allow all or a portion of the inspection fee collected by a local public body to be retained by the local public body. The portion of the fee retained shall be determined by the division and shall be related to the completeness of the inspection performed;

O. administer oaths through any member of the division, the director or a hearing officer;

P. [subject to the approval of the committee] adopt rules [and regulations] for the conducting of hearings and the presentation of views, consistent with the regulations promulgated by the department of housing and urban development, 24 C.F.R. 3282.151 through 3282.156, as amended;

Q. [subject to the approval of the committee] adopt by [regulation] rule a requirement that dealers, repairmen and installers provide to consumers warranties on their product and work and prescribe by [regulation] rule minimum requirements of such warranties;

R. coordinate with and qualify inspectors for any multiple inspection program provided by the [construction industries] division [of the regulation and licensing department] for inspection of manufactured homes; and

S. [subject to the approval of the committee] adopt [regulations] rules, codes and standards for manufactured homes used for nonresidential purposes; provided that such manufactured homes being used for nonresidential purposes on May 18, 1988 shall not be required to meet Uniform Building Code standards, except as to requirements for access to the handicapped, but manufactured homes being used for nonresidential purposes after May 18, 1988 shall be required to meet Uniform Building Code standards. None of the provisions contained in this subsection shall apply to retailers licensed by the motor vehicle division of the taxation and revenue department [and

T. with the approval of the superintendent of regulation and licensing, employ such personnel as the director deems necessary for the exclusive purposes of investigating violations of the Manufactured Housing Act, enforcing Section 60-14-17 NMSA 1978 and instituting legal action in the name of the division to enforce the provisions of Section 60-14-19 NMSA 1978]."

SECTION 6. Section 60-14-5 NMSA 1978 (being Laws 1977, Chapter 245, Section 220, as amended) is amended to read:

"60-14-5. MANUFACTURED HOUSING COMMITTEE CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. [There is created within the division] The "manufactured housing committee" is created as an advisory committee for the division. It shall be composed of seven members who are residents of New Mexico and who [shall] serve at the pleasure of the governor and [be] are appointed by [him] the governor as follows:

(1) one member who is or is the designated representative of a manufacturer licensed under the Manufactured Housing Act;

(2) one member who is or is the qualifying party of a dealer licensed under the Manufactured Housing Act;

(3) one member who is or is the qualifying party of an installer licensed under the Manufactured Housing Act;

(4) one member who is a broker licensed under the Manufactured Housing Act; and

(5) three members who are manufactured housing unit owners not subject to licensure under the Manufactured Housing Act.

[The term of office of each member of the committee is four years; provided that members shall be appointed for staggered terms beginning July 1, 1983 so that two terms end on June 30, 1985, two terms end on June 30, 1986 and three terms end on June 30, 1987. Thereafter, all members shall be appointed to four-year terms.]

B. Members shall be appointed to provide adequate representation of all geographic areas of the state.

[B.] C. Each member of the committee [shall] is entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

[C.] D. The committee shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director of the division shall serve as the executive secretary of the committee.

[D.] E. The committee shall meet at [least bimonthly at] the call of the [chairman] chair.

[E.] F. The committee shall provide technical and policy advice to the division and review [and approve or disapprove] all rules, [regulations] standards and codes [subject to its approval] proposed under the provisions of the Manufactured Housing Act [and:

(1) establish by regulation classifications of licenses issued by the division and qualifications and examinations necessary for licensure under the Manufactured Housing Act; and

(2) suspend or revoke for cause any license or certificate of qualification issued by the division]."

SECTION 7. Section 60-14-6 NMSA 1978 (being Laws 1978, Chapter 81, Section 1, as amended) is amended to read:

"60-14-6. BONDING REQUIREMENTS--DEALERS, BROKERS, SALESPERSONS, MANUFACTURERS, REPAIRMEN AND INSTALLERS.--

A. The division [with the approval of the committee] may by [regulation] rule require each dealer, broker, salesperson, manufacturer, repairman and installer to furnish and maintain with the division a consumer protection bond underwritten by a corporate surety authorized to transact business in New Mexico, in a sum to be determined by [regulation] rule and in such form, and with either unit or blanket coverage, as required by [regulation] rule, to be conditioned upon the dealer, broker, salesperson, manufacturer, repairman or installer complying with the provisions of the Manufactured Housing Act and any other law applying to the licensee, and also as indemnity for any loss sustained by any person damaged:

(1) as a result of a violation by the licensee of any provision of the Manufactured Housing Act or of any [regulation] rule of the division adopted pursuant to that act;

(2) as a result of a violation of any [regulation] rule adopted by the division;

(3) by fraud of a licensee in the execution or performance of a contract; or

(4) by misrepresentation or the making of false promises through the advertising or the agents of a licensee.

B. The consumer protection bond may include provisions for the indemnification for any loss sustained by any consumer as the result of the refusal, failure or inability to transfer good and sufficient legal title to the consumer by the transferor or any other party claiming title.

C. The committee may attach and disburse for cause any consumer protection bond furnished to the division pursuant to this section. The division [subject to the approval of the committee] shall adopt the necessary rules [and regulations] to administer the provisions of this section."

SECTION 8. Section 60-14-7 NMSA 1978 (being Laws 1975, Chapter 331, Section 8, as amended) is amended to read:

"60-14-7. LICENSE REQUIRED--CLASSIFICATION--EXAMINATION.--

A. No person shall engage in business as a manufacturer, dealer, broker, repairman, installer or salesperson unless licensed as provided in the Manufactured Housing Act.

B. The [committee] division shall adopt [regulations] rules creating a system of license classifications covering the occupations of dealer, broker, manufacturer, repairman, installer and salesperson and providing for the qualifications and examination for each class of license.

C. No person shall import for sale or exchange, or engage in the business of selling, leasing or exchanging or offering for sale, lease or exchange, any manufactured home manufactured by any person who is not licensed as a manufacturer under the Manufactured Housing Act."

SECTION 9. Section 60-14-8 NMSA 1978 (being Laws 1977, Chapter 6, Section 1, as amended) is amended to read:

"60-14-8. LICENSURE--EXEMPTION.--The provisions of Section 60-14-7 NMSA 1978 shall not apply to:

A. licensed real estate brokers or salesmen acting as agents for another person in the sale of real property on which is located one or more manufactured homes whose installation has been approved as provided in [regulations] rules of the [committee] division; or

B. technicians working on weatherization projects that do not exceed a cost of three thousand five hundred dollars ($3,500) and that are administered by a state or federal agency."

SECTION 10. Section 60-14-9 NMSA 1978 (being Laws 1975, Chapter 331, Section 9, as amended) is amended to read:

"60-14-9. LICENSE--APPLICATION--ISSUANCE.--

A. Application for a license required under Section 60-14-7 NMSA 1978 for one of the classified occupations, or for a certificate of qualification of a qualifying party of a licensee other than an individual licensee, shall be submitted to the division on forms prescribed and furnished by the division. The application shall contain such information and be accompanied by such attachments as are required by [regulations] rule of the division. The forms shall be accompanied by the prescribed fee.

B. No license shall be issued by the division to [any] a person unless the division is satisfied that [he] the person is or has in [his] the person's employ a qualifying party who is qualified for the classification for which the application is made and who has satisfied the requirements of Subsection C of this section.

C. An applicant for licensure shall:

(1) demonstrate financial responsibility as required by [regulations] rules of the [committee] division;

(2) be of good reputation;

(3) not have engaged illegally in the licensed classification that [he] the applicant is applying for within one year prior to making the application;

(4) demonstrate familiarity with the rules [and regulations] adopted by the [committee] division concerning the classification for which application is made;

(5) if a corporation, have complied with the laws of New Mexico regarding qualifications for doing business in this state or have been incorporated in New Mexico and have and maintain a registered agent and a registered office in this state;

(6) if an individual or partnership, have maintained a residence or street address in New Mexico for at least thirty days preceding the date of application;

(7) submit proof of registration with the revenue processing division of the taxation and revenue department and submit a current tax identification number; and

(8) personally or through the applicant's qualifying party successfully pass an examination administered by the division in the license classification for which application is made."

SECTION 11. Section 60-14-10 NMSA 1978 (being Laws 1975, Chapter 331, Section 10, as amended) is amended to read:

"60-14-10. QUALIFYING PARTY--EXAMINATION--CERTIFICATE.--

A. Except as provided in Subsection C of this section, no certificate of qualification shall be issued to [any] an individual desiring to be a qualifying party until [he] the individual has passed with a satisfactory score an examination prepared, administered and graded by the division.

B. The examination where applicable shall consist of:

(1) general business knowledge, the rules [and regulations] of the division [and committee] and the provisions of the Manufactured Housing Act;

(2) technical knowledge and familiarity with the prescribed codes and minimum standards, which may be prepared and administered by an employee of the division who is expert in the particular classification for which certification is sought; and

(3) general knowledge of the statutes of this state relating to the sale, exchange or lease of manufactured homes, contracts of sale, agency and brokerage.

C. If a licensee is subject to suspension by the [committee] division for failure of the licensee to have a qualifying party in [his] the licensee's employ, and the employment of the qualifying party is terminated without fault of the licensee, then an employee of the licensee who is experienced in the classification for which the certificate of qualification was issued and who has been employed two or more years by the licensee shall be issued without examination a temporary certificate of qualification in the classification for which the licensee is licensed. The temporary qualifying party shall be subject to passing the examination as set forth in this section within one year from the date of the temporary certificate's issuance.

D. A certificate of qualification is not transferable."

SECTION 12. Section 60-14-11 NMSA 1978 (being Laws 1975, Chapter 331, Section 11, as amended) is amended to read:

"60-14-11. DIVISION FEES.--The division shall by [regulation] rule establish reasonable annual license fees, fees for examinations and inspection and permit fees. Fees shall be set to reflect the actual cost of licensing and regulation, and, in the case of the examination, they shall reflect the actual cost of preparing and administering the examination. All fees shall be paid to the state treasurer for deposit and transfer as provided in Section 9-16-14 NMSA 1978."

SECTION 13. Section 60-14-12 NMSA 1978 (being Laws 1975, Chapter 331, Section 12, as amended) is amended to read:

"60-14-12. SUSPENSION AND REVOCATION.--Any license or certificate of qualification issued by the division shall be suspended for a definite period or revoked under the procedures of the Uniform Licensing Act by the [committee] division for any of the following causes:

A. if a licensee or a qualifying party of a licensee violates any provision of the Manufactured Housing Act or any [regulations] rules adopted by the division [or committee] pursuant to that act;

B. false, misleading or deceptive advertising;

C. knowingly contracting or performing a service beyond the scope of the license;

D. misrepresentation of a material fact by the applicant in obtaining a license or certificate;

E. misrepresentation or omission of a material fact in any manufactured home transaction;

F. failure to comply with the warranty requirements of the Manufactured Housing Act or any [regulation] rule of the [committee] division pursuant to those requirements;

G. failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;

H. failure by a broker or dealer to provide the buyer and the seller of a preowned manufactured home with a closing statement as required by [regulation] rule of the [committee] division;

I. conviction of a licensee or a qualifying party of a licensee in any court of competent jurisdiction of a felony or any offense involving moral turpitude; or

J. failure by a dealer or broker in the transfer of a preowned manufactured home not owned at the time of the transaction by the dealer or broker to comply with title transfer provisions set forth by [regulation] rule of the division."

SECTION 14. Section 60-14-14 NMSA 1978 (being Laws 1975, Chapter 331, Section 14, as amended) is amended to read:

"60-14-14. HEARING OFFICER.--The division [or committee] may designate a hearing officer to preside over and take evidence at any hearing held pursuant to the Manufactured Housing Act."

SECTION 15. Section 60-14-15 NMSA 1978 (being Laws 1975, Chapter 331, Section 23, as amended) is amended to read:

"60-14-15. [COMMITTEE AND] DIVISION--CONSUMER COMPLAINTS--ORDERS--SUSPENSION--REVOCATION.--In addition to the other duties imposed on the [committee and] division under the Manufactured Housing Act, the [committee and] division shall receive complaints from [any] a consumer who claims to be harmed by [any] a licensee and shall attempt to have the complaints adjusted to the reasonable satisfaction of the consumer. If the [committee or] division cannot secure a proper adjustment, the [committee or] division shall prepare a formal complaint for the consumer, and, pursuant to the provisions of the Uniform Licensing Act, the [committee] division shall determine whether the licensee is in violation of the Manufactured Housing Act or of rules [and regulations] promulgated under that act. If the licensee is in violation of the Manufactured Housing Act or of the rules [and regulations] promulgated under that act, the [committee] division may order [him] the licensee to comply, may suspend [his] the licensee's license until such time as the licensee complies with the order of the [committee] division or may revoke [his] the license."

SECTION 16. Section 60-14-18 NMSA 1978 (being Laws 1979, Chapter 400, Section 2, as amended) is amended to read:

"60-14-18. [COMMITTEE OR] DIVISION--POWERS OF INJUNCTIONS--MANDAMUS.--The division [or committee] may enforce the provisions of the Manufactured Housing Act by injunction, mandamus or any proper legal proceeding in the district court of the county in which the offense was committed."

SECTION 17. Section 60-14-19 NMSA 1978 (being Laws 1983, Chapter 295, Section 24, as amended) is amended to read:

"60-14-19. PENALTIES.--

A. Any person who knowingly and willfully violates a provision of the Manufactured Housing Act or any rule [regulation] or administrative order of the [committee or] division in a manner that threatens the health or safety of any purchaser or consumer is guilty of a misdemeanor and on conviction shall be fined not more than one thousand dollars ($1,000) or shall be confined in the county jail not longer than one year or both.

B. In any action brought to enforce any provision of the Manufactured Housing Act, the division, upon petition to the court, may recover on behalf of the state a civil penalty not to exceed one thousand dollars ($1,000) for each violation, except that the maximum civil penalty [may] shall not exceed one million dollars ($1,000,000) for any related series of violations occurring within one year from the date of the first violation.

C. Failure by a manufacturer or dealer to comply with the warranty provisions of the Manufactured Housing Act or any implied warranties or the violation of any provision of the Manufactured Housing Act by any person is an unfair or deceptive trade practice in addition to those practices defined in the Unfair Practices Act and is actionable pursuant to the Unfair Practices Act. As such, the venue provisions and all remedies available in the Unfair Practices Act apply to and are in addition to the remedies in the Manufactured Housing Act.

D. The director may issue a license to an applicant who at any time within one year prior to making an application has acted as an unlicensed dealer, broker, salesperson, repairman, manufacturer or installer in New Mexico without a license as required by the division if:

(1) the applicant in addition to all other requirements for licensure pays an additional fee as follows:

(a) in an amount up to ten percent of the contract price or the value of the unlicensed work in the discretion of the [committee] division; or

(b) if the applicant has bid or offered a price on a project and was not the successful bidder or offeror, the fee shall be at least one percent but not more than five percent of the total bid amount in the discretion of the [committee] division; and

(2) the director is satisfied that no incident of unlicensed work:

(a) caused monetary damage to any person; or

(b) resulted in an unresolved consumer complaint being filed against the applicant.

E. Any unlicensed person who has performed unlicensed work may settle the claims against that unlicensed person without becoming licensed if the administrative claims arise from that person's first offense and that person pays an administrative fee calculated pursuant to Paragraph (1) of Subsection D of this section. In addition to the administrative fee, an additional ten percent of the amount of the administrative fee shall be assessed as a service fee.

F. If the total fee to be paid by the unlicensed person pursuant to the provisions of Subsection D or E of this section is twenty-five dollars ($25.00) or less, the fee may be waived by the director."

SECTION 18. TEMPORARY PROVISIONS--TRANSFER OF FUNCTIONS, PERSONNEL, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, personnel, appropriations, money, records, furniture, equipment, supplies and other property of the manufactured housing division and manufactured housing committee of the regulation and licensing department are transferred to the construction industries division of that department.

B. On the effective date of this act, all contractual obligations of the manufactured housing division or manufactured housing committee of the regulation and licensing department are binding on the construction industries division of that department.

C. On the effective date of this act, all statutory references to the manufactured housing division of the regulation and licensing department are deemed to be references to the construction industries division of that department.

SECTION 19. REPEAL.--Sections 9-16-13 and 60-14-13 NMSA 1978 (being Laws 1983, Chapter 297, Section 29 and Laws 1975, Chapter 331, Section 13, as amended) are repealed.

SECTION 20. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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