2001 REGULAR SESSION (71st)                                                                             A SB307 311

Amendment No. 311

 

Senate Amendment to Senate Bill No. 307                                                                       (BDR 54‑1062)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB307 (§ 4).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:

     “Sec. 2. NRS 645C.240 is hereby amended to read as follows:

     645C.240  1.  Except as otherwise provided in [subsections 2 and 3,] this section, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.

     2.  Fees received by the division:

     (a) From the sale of publications, must be retained by the division to pay the costs of printing and distributing publications.

     (b) For examinations, must be retained by the division to pay the costs of the administration of examinations.

FLUSH

 
Any surplus of the fees retained by the division must be deposited with the state treasurer for credit to the state general fund.

     3.  The portion of the fees collected by the division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the division for payment to the Financial Institutions Examination Council.

     4.  All money the division receives as a result of an increase in fees pursuant to paragraph (a) of subsection 2 of NRS 645C.450 must be accounted for separately and deposited in the state treasury for credit to the real estate appraisers administrative fund, which is hereby created as a special revenue fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund does not revert to the state general fund at the end of any fiscal year. Any claims against the fund must be paid as other claims against the state are paid. The money in the fund is hereby appropriated to the division to be expended only:

     (a) To defray any expenses necessary to carry out the provisions of section 1 of this act; and

     (b) After the deduction of any expenditures required pursuant to paragraph (a), for any other purposes the commission deems appropriate to carry out the provisions of this chapter.

     5.  Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.

     Sec. 3. NRS 645C.340 is hereby amended to read as follows:

     645C.340  1.  Each application for an examination for a certificate or license must be accompanied by the fees established by the division pursuant to paragraph (b) of subsection 2 of NRS 645C.450.

     2.  The examination must test the applicant on his knowledge and understanding of:

     (a) Subjects applicable to the type of certificate or license for which he is applying; and

     (b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.

     3.  The division may hire a professional testing organization to create, administer or score the examination.

     Sec. 4. NRS 645C.450 is hereby amended to read as follows:

     645C.450  1.  [The] Except as otherwise provided in a regulation adopted pursuant to paragraph (a) of subsection 2, the following fees may be charged and collected by the division:

Application for a certificate, license or registration card....................................................... $100

Issuance or renewal of a certificate or license as a residential appraiser.................................. 250

Issuance or renewal of a certificate as a general appraiser...................................................... 350

Issuance of a permit............................................................................................................... 75

Issuance or renewal of a registration card.............................................................................. 150

Issuance of a duplicate certificate or license for an additional office.......................................... 50

Change in the name or location of a business........................................................................... 10

Reinstatement of an inactive certificate or license..................................................................... 10

Annual approval of a course of instruction offered in preparation for an initial certificate or license100

Annual approval of a course of instruction offered for continuing education.............................. 50

     2.  The division shall adopt regulations which [establish] :

     (a) Provide for an increase of not more than $125 in the amount of any fee charged and collected by the division pursuant to subsection 1.

     (b) Establish the fees to be charged and collected by the division for:

     [(a)] (1) The examination for a certificate or license; and

     [(b)] (2) Any additional expenses which are necessary for the administration of the examination.”.

     Amend the title of the bill, second and third lines, by deleting:

“making an appropriation;” and inserting:

“providing for an increase in certain fees of the real estate division of the department of business and industry;”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Provides for employment of special investigator to assist commission of appraisers of real estate and for increase in certain fees of real estate division of department of business and industry. (BDR 54-1062)”.