exempt

                     (Reprinted with amendments adopted on April 18, 2003)

 

Assembly Bill No. 284–Assemblymen Buckley, Parks, Gibbons, Leslie, Horne, Anderson, Beers, Brown, Carpenter, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Griffin, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, Oceguera, Ohrenschall, Perkins and Sherer

 

March 11, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits unfair lending practices for home loans and revises provisions governing sale of real property by trustee. (BDR 52‑20)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to property; prohibiting certain acts by lenders of home loans as unfair lending practices; providing for enforcement by the Attorney General; prohibiting a trustor from directing a trustee to exercise a power of sale of real property under certain circumstances; prohibiting certain agencies, boards, commissions or political subdivisions from regulating certain acts relating to lending; providing a penalty; 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. Title 52 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 9, inclusive, of this act.

1-4  Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 6, inclusive,

1-6  of this act have the meanings ascribed to them in those sections.

2-1  Sec. 3.  “Borrower” means a natural person who is a

2-2  mortgagor, grantor of a deed of trust or other debtor of a home

2-3  loan.

2-4  Sec. 4.  “Home” means a dwelling or dwellings for not more

2-5  than four families, the principal use of which is for residential

2-6  purposes. The term includes, without limitation:

2-7  1.  A dwelling on a farm.

2-8  2.  A dwelling unit of a cooperative housing corporation.

2-9  3.  A mobile home, as defined in NRS 489.120, with the

2-10  wheels removed and skirting added, when set on a foundation

2-11  located on land that the owner of the mobile home owns or

2-12  occupies pursuant to a tenancy with a term of 40 years or more.

2-13      Sec. 5.  “Home loan” means a consumer credit transaction

2-14  that:

2-15      1.  Is secured by a mortgage loan which involves real property

2-16  located within this state; and

2-17      2.  Constitutes a mortgage under § 152 of the Home

2-18  Ownership and Equity Protection Act of 1994, 15 U.S.C. §

2-19  1602(aa), and the regulations adopted by the Board of Governors

2-20  of the Federal Reserve System pursuant thereto, including,

2-21  without limitation, 12 C.F.R. § 226.32.

2-22      Sec. 6.  “Lender” means a mortgagee, beneficiary of a deed

2-23  of trust or other creditor who holds a mortgage, deed of trust or

2-24  other instrument that encumbers home property as security for the

2-25  repayment of a home loan.

2-26      Sec. 7. 1.  It is an unfair lending practice for a lender to:

2-27      (a) Require a borrower, as a condition of obtaining or

2-28  maintaining a home loan secured by home property, to provide

2-29  property insurance on improvements to home property in an

2-30  amount that exceeds the reasonable replacement value of the

2-31  improvements.

2-32      (b) Knowingly or intentionally make a home loan to a

2-33  borrower based solely upon the equity of the borrower in the home

2-34  property and without determining that the borrower has the ability

2-35  to repay the home loan from other assets, including, without

2-36  limitation, income.

2-37      (c) Finance a prepayment fee or penalty in connection with the

2-38  refinancing by the original borrower of a home loan owned by the

2-39  lender or an affiliate of the lender.

2-40      (d) Finance, directly or indirectly in connection with a home

2-41  loan, any credit insurance.

2-42      2.  As used in this section:

2-43      (a) “Credit insurance” has the meaning ascribed to it in

2-44  NRS 690A.015.

3-1  (b) “Prepayment fee or penalty” means any fee or penalty

3-2  imposed by a lender if a borrower repays the balance of a loan or

3-3  otherwise makes a payment on a loan before the regularly

3-4  scheduled time for repayment.

3-5  Sec. 8.  1.  A lender who willfully engages in an unfair

3-6  lending practice described in this chapter is guilty of a

3-7  misdemeanor.

3-8  2.  If a lender willfully engages in any unfair lending practice

3-9  described in this chapter in connection with a home loan, the

3-10  lender is liable to the borrower in an amount equal to the sum of:

3-11      (a) Three times the amount of any actual damages sustained

3-12  by the borrower; and

3-13      (b) If the borrower brings an action and is successful in

3-14  enforcing the liability imposed by paragraph (a) in the action, the

3-15  costs of bringing the action and reasonable attorney’s fees as

3-16  determined by the court.

3-17      3.  The borrower has a defense against the unpaid obligation

3-18  of the home loan to the extent of any amount awarded by a court

3-19  pursuant to paragraph (a) of subsection 2, and the court, in

3-20  addition to any other legal or equitable remedy, may cure any

3-21  existing default of the home loan and cancel any pending

3-22  foreclosure sale, trustee’s sale or other sale to enforce the home

3-23  loan.

3-24      Sec. 9.  1.  The Attorney General has primary jurisdiction to

3-25  investigate and prosecute violations of this chapter.

3-26      2.  When acting pursuant to this section, the Attorney General

3-27  may commence his investigation and file a criminal action without

3-28  leave of court, and he has exclusive charge of the conduct of the

3-29  prosecution.

3-30      3.  A local government shall not regulate any activity to which

3-31  the provisions of this chapter apply.

3-32      Sec. 10.  Chapter 107 of NRS is hereby amended by adding

3-33  thereto a new section to read as follows:

3-34      1.  With regard to a transfer in trust of an estate in real

3-35  property to secure the performance of an obligation or the

3-36  payment of a debt, the trustor may not direct the trustee to exercise

3-37  a power of sale pursuant to NRS 107.080 if:

3-38      (a) The trust agreement becomes effective on or after

3-39  October 1, 2003; and

3-40      (b) On the date the trust agreement is made, the trust

3-41  agreement is subject to the provisions of § 152 of the

3-42  Homeownership and Equity Protection Act of 1994, 15 U.S.C. §

3-43  1602(aa), and the regulations adopted by the Board of Governors

3-44  of the Federal Reserve System pursuant thereto, including,

3-45  without limitation, 12 C.F.R. § 226.32.

4-1  2.  This section does not prohibit a judicial foreclosure.

4-2  Sec. 11.  NRS 107.080 is hereby amended to read as follows:

4-3  107.080  1.  [Where] Except as otherwise provided in section

4-4  10 of this act, if any transfer in trust of any estate in real property is

4-5  made after March 29, 1927, to secure the performance of an

4-6  obligation or the payment of any debt, a power of sale is hereby

4-7  conferred upon the trustee to be exercised after a breach of the

4-8  obligation for which the transfer is security.

4-9  2.  The power of sale must not be exercised, however, until:

4-10      (a) In the case of any trust agreement coming into force:

4-11          (1) On or after July 1, 1949, and before July 1, 1957, the

4-12  grantor, or his successor in interest, a beneficiary under a

4-13  subordinate deed of trust or any other person who has a subordinate

4-14  lien or encumbrance of record on the property, has for a period of 15

4-15  days, computed as prescribed in subsection 3, failed to make good

4-16  the deficiency in performance or payment; or

4-17          (2) On or after July 1, 1957, the grantor, or his successor in

4-18  interest, a beneficiary under a subordinate deed of trust or any other

4-19  person who has a subordinate lien or encumbrance of record on the

4-20  property, has for a period of 35 days, computed as prescribed in

4-21  subsection 3, failed to make good the deficiency in performance or

4-22  payment;

4-23      (b) The beneficiary, the successor in interest of the beneficiary

4-24  or the trustee first executes and causes to be recorded in the office of

4-25  the recorder of the county wherein the trust property, or some part

4-26  thereof, is situated a notice of the breach and of his election to sell

4-27  or cause to be sold the property to satisfy the obligation; and

4-28      (c) Not less than 3 months have elapsed after the recording of

4-29  the notice.

4-30      3.  The 15- or 35-day period provided in paragraph (a) of

4-31  subsection 2 commences on the first day following the day upon

4-32  which the notice of default and election to sell is recorded in the

4-33  office of the county recorder of the county in which the property is

4-34  located and a copy of the notice of default and election to sell is

4-35  mailed by registered or certified mail, return receipt requested and

4-36  with postage prepaid to the grantor, and to the person who holds the

4-37  title of record on the date the notice of default and election to sell is

4-38  recorded, at their respective addresses, if known, otherwise to the

4-39  address of the trust property. The notice of default and election to

4-40  sell must describe the deficiency in performance or payment and

4-41  may contain a notice of intent to declare the entire unpaid balance

4-42  due if acceleration is permitted by the obligation secured by the

4-43  deed of trust, but acceleration must not occur if the deficiency in

4-44  performance or payment is made good and any costs, fees and

4-45  expenses incident to the preparation or recordation of the notice and

5-1  incident to the making good of the deficiency in performance or

5-2  payment are paid within the time specified in subsection 2.

5-3  4.  The trustee, or other person authorized to make the sale

5-4  under the terms of the trust deed or transfer in trust, shall, after

5-5  expiration of the 3-month period following the recording of the

5-6  notice of breach and election to sell, and before the making of the

5-7  sale, give notice of the time and place thereof in the manner and for

5-8  a time not less than that required by law for the sale or sales of real

5-9  property upon execution. The sale itself may be made at the office

5-10  of the trustee, if the notice so provides, whether the property so

5-11  conveyed in trust is located within the same county as the office of

5-12  the trustee or not.

5-13      5.  Every sale made under the provisions of this section and

5-14  other sections of this chapter vests in the purchaser the title of the

5-15  grantor and his successors in interest without equity or right of

5-16  redemption. The sale of a lease of a dwelling unit of a cooperative

5-17  housing corporation vests in the purchaser title to the shares in the

5-18  corporation which accompany the lease.

5-19      Sec. 12.  NRS 244.335 is hereby amended to read as follows:

5-20      244.335  1.  Except as otherwise provided in subsection 2, the

5-21  board of county commissioners may:

5-22      (a) [Regulate] Except as otherwise provided in section 9 of this

5-23  act, regulate all character of lawful trades, callings, industries,

5-24  occupations, professions and business conducted in its county

5-25  outside of the limits of incorporated cities and towns.

5-26      (b) Except as otherwise provided in NRS 244.3359 and 576.128,

5-27  fix, impose and collect a license tax for revenue or for regulation, or

5-28  for both revenue and regulation, on such trades, callings, industries,

5-29  occupations, professions and business.

5-30      2.  The county license boards have the exclusive power in their

5-31  respective counties to regulate entertainers employed by an

5-32  entertainment by referral service and the business of conducting a

5-33  dancing hall, escort service, entertainment by referral service or

5-34  gambling game or device permitted by law, outside of an

5-35  incorporated city. The county license boards may fix, impose and

5-36  collect license taxes for revenue or for regulation, or for both

5-37  revenue and regulation, on such employment and businesses.

5-38      3.  No license to engage in any type of business may be granted

5-39  unless the applicant for the license signs an affidavit affirming that

5-40  the business has complied with the provisions of chapter 364A of

5-41  NRS. The county license board shall provide upon request an

5-42  application for a business license pursuant to chapter 364A of NRS.

5-43      4.  No license to engage in business as a seller of tangible

5-44  personal property may be granted unless the applicant for the license

5-45  presents written evidence that:

6-1  (a) The Department of Taxation has issued or will issue a permit

6-2  for this activity, and this evidence clearly identifies the business by

6-3  name; or

6-4  (b) Another regulatory agency of the State has issued or will

6-5  issue a license required for this activity.

6-6  5.  Any license tax levied for the purposes of NRS 244.3358 or

6-7  244A.597 to 244A.655, inclusive, constitutes a lien upon the real

6-8  and personal property of the business upon which the tax was levied

6-9  until the tax is paid. The lien has the same priority as a lien for

6-10  general taxes. The lien must be enforced in the following manner:

6-11      (a) By recording in the office of the county recorder, within 6

6-12  months after the date on which the tax became delinquent or was

6-13  otherwise determined to be due and owing, a notice of the tax lien

6-14  containing the following:

6-15          (1) The amount of tax due and the appropriate year;

6-16          (2) The name of the record owner of the property;

6-17          (3) A description of the property sufficient for identification;

6-18  and

6-19          (4) A verification by the oath of any member of the board of

6-20  county commissioners or the county fair and recreation board; and

6-21      (b) By an action for foreclosure against the property in the same

6-22  manner as an action for foreclosure of any other lien, commenced

6-23  within 2 years after the date of recording of the notice of the tax

6-24  lien, and accompanied by appropriate notice to other lienholders.

6-25      6.  The board of county commissioners may delegate the

6-26  authority to enforce liens from taxes levied for the purposes of NRS

6-27  244A.597 to 244A.655, inclusive, to the county fair and recreation

6-28  board. If the authority is so delegated, the board of county

6-29  commissioners shall revoke or suspend the license of a business

6-30  upon certification by the county fair and recreation board that the

6-31  license tax has become delinquent, and shall not reinstate the license

6-32  until the tax is paid. Except as otherwise provided in NRS 244.3357,

6-33  all information concerning license taxes levied by an ordinance

6-34  authorized by this section or other information concerning the

6-35  business affairs or operation of any licensee obtained as a result of

6-36  the payment of such license taxes or as the result of any audit or

6-37  examination of the books by any authorized employee of a county

6-38  fair and recreation board of the county for any license tax levied for

6-39  the purpose of NRS 244A.597 to 244A.655, inclusive, is

6-40  confidential and must not be disclosed by any member, officer or

6-41  employee of the county fair and recreation board or the county

6-42  imposing the license tax unless the disclosure is authorized by the

6-43  affirmative action of a majority of the members of the appropriate

6-44  county fair and recreation board. Continuing disclosure may be so

7-1  authorized under an agreement with the Department of Taxation for

7-2  the exchange of information concerning taxpayers.

7-3  Sec. 13.  NRS 266.355 is hereby amended to read as follows:

7-4  266.355  1.  Except as otherwise provided in subsection 3, the

7-5  city council may:

7-6  (a) [Regulate] Except as otherwise provided in section 9 of this

7-7  act, regulate all businesses, trades and professions.

7-8  (b) Except as otherwise provided in NRS 576.128, fix, impose

7-9  and collect a license tax for revenue upon all businesses, trades and

7-10  professions.

7-11      2.  The city council may establish any equitable standard to be

7-12  used in fixing license taxes required to be collected pursuant to this

7-13  section.

7-14      3.  The city council may license insurance agents, brokers,

7-15  analysts, adjusters and managing general agents within the

7-16  limitations and under the conditions prescribed in NRS 680B.020.

7-17      Sec. 14.  NRS 269.170 is hereby amended to read as follows:

7-18      269.170  1.  Except as otherwise provided in NRS 576.128 [,]

7-19  and section 9 of this act, the town board or board of county

7-20  commissioners may in any unincorporated town:

7-21      (a) Fix and collect a license tax on, and regulate, having due

7-22  regard to the amount of business done by each person so licensed,

7-23  and all places of business and amusement so licensed, as follows:

7-24          (1) Artisans, artists, assayers, auctioneers, bakers, banks and

7-25  bankers, barbers, boilermakers, cellars and places where soft drinks

7-26  are kept or sold, clothes cleaners, foundries, laundries, lumberyards,

7-27  manufacturers of soap, soda, borax or glue, markets, newspaper

7-28  publishers, pawnbrokers, funeral directors and wood and coal

7-29  dealers.

7-30          (2) Bootmakers, cobblers, dressmakers, milliners,

7-31  shoemakers and tailors.

7-32          (3) Boardinghouses, hotels, lodginghouses, restaurants and

7-33  refreshment saloons.

7-34          (4) Barrooms, gaming, manufacturers of liquors and other

7-35  beverages, and saloons.

7-36          (5) Billiard tables, bowling alleys, caravans, circuses,

7-37  concerts and other exhibitions, dance houses, melodeons,

7-38  menageries, shooting galleries, skating rinks and theaters.

7-39          (6) Corrals, hay yards, livery and sale stables and wagon

7-40  yards.

7-41          (7) Electric light companies, illuminating gas companies,

7-42  power companies, telegraph companies, telephone companies and

7-43  water companies.

7-44          (8) Carts, drays, express companies, freight companies, job

7-45  wagons, omnibuses and stages.

8-1       (9) Brokers, commission merchants, factors, general agents,

8-2  mercantile agents, merchants, traders and stockbrokers.

8-3       (10) Drummers, hawkers, peddlers and solicitors.

8-4       (11) Insurance agents, brokers, analysts, adjusters and

8-5  managing general agents within the limitations and under the

8-6  conditions prescribed in NRS 680B.020.

8-7  (b) Fix and collect a license tax upon all professions, trades or

8-8  business within the town not specified in paragraph (a).

8-9  2.  No license to engage in business as a seller of tangible

8-10  personal property may be granted unless the applicant for the license

8-11  presents written evidence that:

8-12      (a) The Department of Taxation has issued or will issue a permit

8-13  for this activity, and this evidence clearly identifies the business by

8-14  name; or

8-15      (b) Another regulatory agency of the State has issued or will

8-16  issue a license required for this activity.

8-17      3.  Any license tax levied for the purposes of NRS 244A.597 to

8-18  244A.655, inclusive, constitutes a lien upon the real and personal

8-19  property of the business upon which the tax was levied until the tax

8-20  is paid. The lien must be enforced in the same manner as liens for ad

8-21  valorem taxes on real and personal property. The town board or

8-22  other governing body of the unincorporated town may delegate the

8-23  power to enforce such liens to the county fair and recreation board.

8-24      4.  The governing body or the county fair and recreation board

8-25  may agree with the Department of Taxation for the continuing

8-26  exchange of information concerning taxpayers.

8-27      Sec. 15.  Section 2.140 of the Charter of the City of Caliente,

8-28  being chapter 31, Statutes of Nevada 1971, at page 60, is hereby

8-29  amended to read as follows:

8-30                Sec. 2.140  Powers of City Council: Licensing,

8-31  regulation and prohibition of businesses, trades and

8-32  professions.

8-33      1.  The City Council may:

8-34      (a) [Regulate] Except as otherwise provided in section 9

8-35  of this act, regulate all businesses, trades and professions.

8-36      (b) Fix, impose and collect a license tax for revenue upon

8-37  all businesses, trades and professions.

8-38      2.  The City Council may establish any equitable

8-39  standard to be used in fixing license taxes required to be

8-40  collected pursuant to this section.

8-41      Sec. 16.  Section 2.150 of the Charter of the City of Carlin,

8-42  being chapter 344, Statutes of Nevada 1971, at page 608, is hereby

8-43  amended to read as follows:

9-1  Sec. 2.150  Powers of Board of Councilmen: Licensing,

9-2  regulation and prohibition of businesses, trades and

9-3  professions.

9-4  1.  The Board of Councilmen may:

9-5  (a) [Regulate] Except as otherwise provided in section 9

9-6  of this act, regulate all businesses, trades and professions.

9-7  (b) Fix, impose and collect a license tax for revenue upon

9-8  all businesses, trades and professions.

9-9  2.  No person licensed by an agency of the State of

9-10  Nevada to practice any trade or profession except gaming

9-11  may be denied a license to conduct his profession.

9-12      3.  The Board of Councilmen may establish any equitable

9-13  standard to be used in fixing license taxes required to be

9-14  collected pursuant to this section.

9-15      Sec. 17.  Section 2.260 of the Charter of the City of Carson

9-16  City, being chapter 213, Statutes of Nevada 1969, as amended by

9-17  chapter 96, Statutes of Nevada 1997, at page 181, is hereby

9-18  amended to read as follows:

9-19    Sec. 2.260  Power of Board: Licensing, regulation and

9-20  prohibition of trades, professions and businesses.

9-21      1.  [The] Except as otherwise provided in section 9 of

9-22  this act, the Board may fix, impose and collect a license tax

9-23  for revenue upon, or regulate:

9-24      (a) Or both, all trades, callings, professions and

9-25  businesses, conducted in whole or in part within Carson City,

9-26  except that no person licensed by an agency of the State of

9-27  Nevada to practice any profession except gaming may be

9-28  denied a license to conduct his profession or required to pay a

9-29  license tax except for revenue.

9-30      (b) Or both, all businesses selling alcoholic liquors at

9-31  wholesale or retail, or prohibit or suppress such businesses.

9-32      (c) Or prescribe the location of all gaming establishments,

9-33  or any combination of these, or may prohibit gambling and

9-34  gaming of all kinds, and all games of chance.

9-35      2.  The Board may provide for the issuance of all licenses

9-36  authorized in this section and the time and manner in which

9-37  they will be issued.

9-38      3.  The Board may establish any equitable standard to be

9-39  used in fixing license taxes required to be collected pursuant

9-40  to this section.

9-41      4.  The Board may, for just cause, suspend, cancel or

9-42  revoke any business license.

 

 

 

10-1      Sec. 18.  Section 2.150 of the Charter of the City of Elko,

10-2  being chapter 276, Statutes of Nevada 1971, as amended by chapter

10-3  51, Statutes of Nevada 2001, at page 454, is hereby amended to read

10-4  as follows:

10-5      Sec. 2.150  Powers of City Council: Licensing,

10-6  regulation and prohibition of businesses, trades and

10-7  professions.

10-8      1.  The City Council may:

10-9      (a) [Regulate] Except as otherwise provided in section 9

10-10  of this act, regulate all businesses, trades and professions.

10-11     (b) Fix, impose and collect a license tax for revenue upon

10-12  all businesses, trades and professions.

10-13     2.  The City Council may establish any equitable

10-14  standard to be used in fixing license taxes collected pursuant

10-15  to this section.

10-16     Sec. 19.  Section 2.130 of the Charter of the City of Henderson,

10-17  being chapter 266, Statutes of Nevada 1971, at page 407, is hereby

10-18  amended to read as follows:

10-19               Sec. 2.130  Powers of City Council: Licensing,

10-20  regulation and prohibition of businesses, trades and

10-21  professions.

10-22     1.  The City Council may:

10-23     (a) [Regulate] Except as otherwise provided in section 9

10-24  of this act, regulate all businesses, trades and professions.

10-25     (b) Fix, impose and collect a license tax for revenue upon

10-26  all businesses, trades and professions.

10-27     2.  The City Council may establish any equitable

10-28  standard to be used in fixing license taxes required to be

10-29  collected pursuant to this section.

10-30     Sec. 20.  Section 2.150 of the Charter of the City of Las Vegas,

10-31  being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby

10-32  amended to read as follows:

10-33               Sec. 2.150  Powers of City Council: Licensing,

10-34  regulation and prohibition of businesses, trades and

10-35  professions.

10-36     1.  The City Council may:

10-37     (a) Except as is otherwise provided in subsection 2 [,] and

10-38  section 9 of this act, license and regulate all lawful

10-39  businesses, trades and professions.

10-40     (b) Fix, impose and collect a license tax for regulation or

10-41  for revenue, or both, upon all businesses, trades and

10-42  professions and provide an equitable standard for fixing those

10-43  license taxes.

11-1      (c) Suspend or revoke the license of any business, trade or

11-2  profession for failing to comply with any regulation of the

11-3  City in such manner as may be prescribed by ordinance.

11-4      2.  No person, firm or corporation which is licensed by

11-5  an agency of the State to conduct or practice any business,

11-6  trade or profession, except as is otherwise provided in

11-7  subsection 3, may be denied a license to conduct or practice

11-8  that business, trade or profession, nor may the license be

11-9  suspended or revoked, if:

11-10     (a) That person, firm or corporation complies with all of

11-11  the regulations which are established by that agency and pays

11-12  to the City such license taxes and related fees and posts such

11-13  bond or bonds as may be prescribed by ordinance; and

11-14     (b) The location of the business, trade or profession

11-15  complies with all of the requirements of all of the zoning,

11-16  building, plumbing, electrical, safety and fire prevention

11-17  codes or regulations of the City.

11-18     3.  The City Council may provide, by ordinance,

11-19  regulations which restrict the number, location and method of

11-20  operation of and the qualifications for ownership in:

11-21     (a) Liquor-dispensing or gaming establishments, or both;

11-22     (b) Businesses which are engaged in the manufacture or

11-23  distribution, or both, of liquor or gaming devices; and

11-24     (c) Such other businesses, trades and professions as may

11-25  be declared by ordinance to be privileged,

11-26  and regulations which prescribe the circumstances under and

11-27  the manner in which licenses with respect to those

11-28  establishments, businesses, trades and professions may be

11-29  denied, limited, suspended or revoked.

11-30     Sec. 21.  Section 2.140 of the Charter of the City of North Las

11-31  Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is

11-32  hereby amended to read as follows:

11-33               Sec. 2.140  Powers of City Council: Licensing,

11-34  regulation and prohibition of businesses, trades and

11-35  professions.

11-36     1.  The City Council may:

11-37     (a) [Regulate] Except as otherwise provided in section 9

11-38  of this act, regulate all businesses, trades and professions.

11-39     (b) Fix, impose and collect a license fee for revenue upon

11-40  all businesses, trades and professions.

11-41     2.  The City Council may establish any equitable

11-42  standard to be used in fixing license fees required to be

11-43  collected pursuant to this section.

 

 

12-1      Sec. 22.  Section 2.140 of the Charter of the City of Reno,

12-2  being chapter 662, Statutes of Nevada 1971, as last amended by

12-3  chapter 416, Statutes of Nevada 2001, at page 2105, is hereby

12-4  amended to read as follows:

12-5      Sec. 2.140  General powers of City Council.

12-6      1.  Except as otherwise provided in subsection 2 and

12-7  section 2.150, the City Council may:

12-8      (a) Acquire, control, improve and dispose of any real or

12-9  personal property for the use of the City, its residents and

12-10  visitors.

12-11     (b) [Regulate] Except as otherwise provided in section 9

12-12  of this act, regulate and impose a license tax for revenue

12-13  upon all businesses, trades and professions.

12-14     (c) Provide or grant franchises for public transportation

12-15  and utilities.

12-16     (d) Appropriate money for advertising and publicity and

12-17  for the support of a municipal band.

12-18     (e) Enact and enforce any police, fire, traffic, health,

12-19  sanitary or other measure which does not conflict with the

12-20  general laws of the State of Nevada. An offense that is made

12-21  a misdemeanor by the laws of the State of Nevada shall also

12-22  be deemed to be a misdemeanor against the City whenever

12-23  the offense is committed within the City.

12-24     (f) Fix the rate to be paid for any utility service provided

12-25  by the City as a public enterprise. Any charges due for

12-26  services, facilities or commodities furnished by any utility

12-27  owned by the City is a lien upon the property to which the

12-28  service is rendered and is perfected by filing with the County

12-29  Recorder a statement by the City Clerk of the amount due and

12-30  unpaid and describing the property subject to the lien. Any

12-31  such lien is:

12-32         (1) Coequal with the latest lien upon the property to

12-33  secure the payment of general taxes.

12-34         (2) Not subject to extinguishment by the sale of any

12-35  property on account of the nonpayment of general taxes.

12-36         (3) Prior and superior to all liens, claims,

12-37  encumbrances and titles other than the liens of assessments

12-38  and general taxes.

12-39     2.  The City Council:

12-40     (a) Shall not sell telecommunications service to the

12-41  general public.

12-42     (b) May purchase or construct facilities for providing

12-43  telecommunications that intersect with public rights of way if

12-44  the governing body:

13-1          (1) Conducts a study to evaluate the costs and benefits

13-2  associated with purchasing or constructing the facilities; and

13-3          (2) Determines from the results of the study that the

13-4  purchase or construction is in the interest of the general

13-5  public.

13-6      3.  Any information relating to the study conducted

13-7  pursuant to subsection 2 must be maintained by the City

13-8  Clerk and made available for public inspection during the

13-9  business hours of the Office of the City Clerk.

13-10     4.  Notwithstanding the provisions of paragraph (a) of

13-11  subsection 2, an airport may sell telecommunications service

13-12  to the general public.

13-13     5.  As used in this section:

13-14     (a) “Telecommunications” has the meaning ascribed to it

13-15  in 47 U.S.C. § 153(43), as that section existed on July 16,

13-16  1997.

13-17     (b) “Telecommunications service” has the meaning

13-18  ascribed to it in 47 U.S.C. § 153(46), as that section existed

13-19  on July 16, 1997.

13-20     Sec. 23.  Section 2.090 of the Charter of the City of Sparks,

13-21  being chapter 470, Statutes of Nevada 1975, as last amended by

13-22  chapter 129, Statutes of Nevada 1993, at page 230, is hereby

13-23  amended to read as follows:

13-24     Sec. 2.090  Powers of City Council: General areas. 

13-25  The City Council may exercise any power specifically

13-26  granted in this Charter or by any of the provisions of Nevada

13-27  Revised Statutes not in conflict with this Charter, in order to:

13-28     1.  [License] Except as otherwise provided in section 9

13-29  of this act, license all businesses, trades and professions for

13-30  purposes of regulation and revenue.

13-31     2.  Enact and enforce fire ordinances.

13-32     3.  Regulate the construction and maintenance of any

13-33  building or other structure within the City.

13-34     4.  Provide for safeguarding of public health in the City.

13-35     5.  Zone and plan the City, including the regulation of

13-36  subdivision of land, as prescribed by chapter 278 of NRS.

13-37     6.  Acquire, control, lease, dedicate, sell and convey

13-38  rights of way, parks and other real property.

13-39     7.  Regulate vehicular traffic and parking of vehicles.

13-40     8.  Establish and maintain a sanitary sewer system.

13-41     9.  Condemn property within the territorial limits of the

13-42  City, as well as property outside the territorial limits of the

13-43  City, in the manner prescribed by chapter 37 of NRS.

14-1      10.  Regulate, prescribe the location for, prohibit or

14-2  suppress all businesses selling alcoholic liquors at wholesale

14-3  or retail.

14-4      11.  Regulate, prescribe the location for, prohibit or

14-5  suppress gaming of all kinds.

14-6      Sec. 24.  Section 2.150 of the Charter of the City of Wells,

14-7  being chapter 275, Statutes of Nevada 1971, at page 463, is hereby

14-8  amended to read as follows:

14-9  Sec. 2.150  Powers of Board of Councilmen: Licensing,

14-10  regulation and prohibition of businesses, trades and

14-11  professions.

14-12     1.  The Board of Councilmen may:

14-13     (a) [Regulate] Except as otherwise provided in section 9

14-14  of this act, regulate all businesses, trades and professions.

14-15     (b) Fix, impose and collect a license tax for revenue upon

14-16  all businesses, trades and professions.

14-17     2.  No person licensed by an agency of the State of

14-18  Nevada to practice any trade or profession except gaming

14-19  may be denied a license to conduct his profession.

14-20     3.  The Board of Councilmen may establish any equitable

14-21  standard to be used in fixing license taxes required to be

14-22  collected pursuant to this section.

14-23     Sec. 25.  Section 2.140 of the Charter of the City of Yerington,

14-24  being chapter 465, Statutes of Nevada 1971, at page 906, is hereby

14-25  amended to read as follows:

14-26               Sec. 2.140  Powers of City Council: Licensing,

14-27  regulation and prohibition of businesses, trades and

14-28  professions.

14-29     1.  The City Council may:

14-30     (a) [Regulate] Except as otherwise provided in section 9

14-31  of this act, regulate all businesses, trades and professions.

14-32     (b) Fix, impose and collect a license tax for revenue upon

14-33  all businesses, trades and professions.

14-34     2.  The City Council may establish any equitable standard to be

14-35  used in fixing license taxes required to be collected pursuant to this

14-36  section.

14-37     Sec. 26.  The amendatory provisions of sections 1 to 9,

14-38  inclusive, of this act do not apply to a loan that is entered into before

14-39  October 1, 2003.

 

14-40  H