REQUIRES TWO THIRDS MAJORITY VOTE (§ 4)                 

                                                       (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 307–Senator Schneider

 

March 9, 2001

____________

 

Referred to Committee on Commerce and Labor

 

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)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to appraisers of real estate; providing for the employment of a special investigator to assist the commission of appraisers of real estate; providing for an increase in certain fees of the real estate division of the department of business and industry; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 645C of NRS is hereby amended by adding thereto

1-2  a new section to read as follows:

1-3    1.  The division shall employ a special investigator to provide the

1-4  commission with such investigative assistance as the commission deems

1-5  appropriate to carry out its duties pursuant to this chapter. The special

1-6  investigator must hold a current certificate as a general appraiser and

1-7  have experience in the investigation of complaints against appraisers.

1-8    2.  The division shall, within the limits of money available for that

1-9  purpose, provide the special investigator with such office space, supplies

1-10  and equipment, resources and training as the commission deems

1-11  appropriate for the special investigator to carry out his duties effectively.

1-12  Sec. 2.   NRS 645C.240 is hereby amended to read as follows:

1-13  645C.240  1.  Except as otherwise provided in [subsections 2 and 3,]

1-14  this section, all fees, penalties and other charges received by the division

1-15  pursuant to this chapter must be deposited with the state treasurer for credit

1-16  to the state general fund.

1-17  2.  Fees received by the division:

1-18  (a) From the sale of publications, must be retained by the division to

1-19  pay the costs of printing and distributing publications.

2-1    (b) For examinations, must be retained by the division to pay the costs

2-2  of the administration of examinations.

2-3  Any surplus of the fees retained by the division must be deposited with the

2-4  state treasurer for credit to the state general fund.

2-5    3.  The portion of the fees collected by the division pursuant to NRS

2-6  645C.450 for the issuance or renewal of a certificate or license as a

2-7  residential appraiser or the issuance or renewal of a certificate as a general

2-8  appraiser which is used for payment of the registry fee to the Financial

2-9  Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be

2-10  retained by the division for payment to the Financial Institutions

2-11  Examination Council.

2-12  4.  All money the division receives as a result of an increase in fees

2-13  pursuant to paragraph (a) of subsection 2 of NRS 645C.450 must be

2-14  accounted for separately and deposited in the state treasury for credit to

2-15  the real estate appraisers administrative fund, which is hereby created as

2-16  a special revenue fund. The interest and income earned on the money in

2-17  the fund, after deducting any applicable charges, must be credited to the

2-18  fund. The money in the fund does not revert to the state general fund at

2-19  the end of any fiscal year. Any claims against the fund must be paid as

2-20  other claims against the state are paid. The money in the fund is hereby

2-21  appropriated to the division to be expended only:

2-22  (a) To defray any expenses necessary to carry out the provisions of

2-23  section 1 of this act; and

2-24  (b) After the deduction of any expenditures required pursuant to

2-25  paragraph (a), for any other purposes the commission deems appropriate

2-26  to carry out the provisions of this chapter.

2-27  5.  Money for the support of the division in carrying out the provisions

2-28  of this chapter must be provided by direct legislative appropriation and be

2-29  paid out on claims as other claims against the state are paid.

2-30  Sec. 3.   NRS 645C.340 is hereby amended to read as follows:

2-31  645C.340  1.  Each application for an examination for a certificate or

2-32  license must be accompanied by the fees established by the division

2-33  pursuant to paragraph (b) of subsection 2 of NRS 645C.450.

2-34  2.  The examination must test the applicant on his knowledge and

2-35  understanding of:

2-36  (a) Subjects applicable to the type of certificate or license for which he

2-37  is applying; and

2-38  (b) Laws regarding the practice of preparing and communicating

2-39  appraisals, including the provisions of this chapter and any regulations

2-40  adopted pursuant thereto.

2-41  3.  The division may hire a professional testing organization to create,

2-42  administer or score the examination.

2-43  Sec. 4.   NRS 645C.450 is hereby amended to read as follows:

2-44  645C.450  1.  [The] Except as otherwise provided in a regulation

2-45  adopted pursuant to paragraph (a) of subsection 2, the following fees

2-46  may be charged and collected by the division:

 

 

 

3-1    Application for a certificate, license or registration card................................................................ $100

3-2    Issuance or renewal of a certificate or license as a

3-3  residential appraiser.......................................... 250

3-4    Issuance or renewal of a certificate as a general appraiser.................................................................. 350

3-5    Issuance of a permit........................................ 75

3-6    Issuance or renewal of a registration card....... 150

3-7    Issuance of a duplicate certificate or license for an

3-8  additional office................................................. 50

3-9    Change in the name or location of a business.... 10

3-10    Reinstatement of an inactive certificate or license10

3-11    Annual approval of a course of instruction offered in

3-12  preparation for an initial certificate or license.... 100

3-13    Annual approval of a course of instruction offered for

3-14  continuing education......................................... 50

 

3-15  2.  The division shall adopt regulations which [establish] :

3-16  (a) Provide for an increase of not more than $125 in the amount of

3-17  any fee charged and collected by the division pursuant to subsection 1.

3-18  (b) Establish the fees to be charged and collected by the division for:

3-19  [(a)] (1) The examination for a certificate or license; and

3-20  [(b)] (2) Any additional expenses which are necessary for the

3-21  administration of the examination.

3-22    Sec. 5.  This act becomes effective on July 1, 2001.

 

3-23  H