requires two-thirds majority vote (§ 28)
A.B. 493
Assembly
Bill No. 493–Committee on
Commerce and Labor
(On
Behalf of the Department of Business and
Industry, Financial Institutions Division)
March 24, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for money collected by Commissioner of Financial Institutions and Division of Financial Institutions of Department of Business and Industry to be deposited to and expended from the Fund for Financial Institutions. (BDR 55‑463)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state financial administration; creating the Fund for Financial Institutions as a special revenue fund in the State Treasury; providing that money collected by the Commissioner of Financial Institutions and the Division of Financial Institutions of the Department of Business and Industry must be deposited to the Fund; providing that the money in the Fund must be used to carry out the programs and pay the expenses of the Commissioner and the Division; providing for an assessment to be paid by certain banks, savings and loan associations, thrift companies and credit unions; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. Chapter 658 of NRS is hereby amended by adding
2-2 thereto the provisions set forth as sections 2 and 3 of this act.
2-3 Sec. 2. 1. The Fund for Financial Institutions is hereby
2-4 created as a special revenue fund in the State Treasury for the use
2-5 of the Commissioner and the Division of Financial Institutions.
2-6 2. Money may be appropriated by this state to the Fund for
2-7 Financial Institutions. The interest and income earned on the
2-8 money in the Fund for Financial Institutions, after deducting any
2-9 applicable charges, must be credited to the Fund for Financial
2-10 Institutions.
2-11 3. Expenditures from the Fund for Financial Institutions
2-12 must be made only for the purpose of:
2-13 (a) Carrying out the programs and laws administered by the
2-14 Commissioner and the Division of Financial Institutions; and
2-15 (b) Paying the expenses related to the operations of the
2-16 Commissioner and the Division of Financial Institutions.
2-17 4. The Commissioner shall administer the Fund for
2-18 Financial Institutions. All claims against the Fund for Financial
2-19 Institutions must be paid as other claims against the State are
2-20 paid.
2-21 5. Except as otherwise provided by law, any money remaining
2-22 in the Fund for Financial Institutions at the end of a fiscal year
2-23 does not revert to the State General Fund and the balance in the
2-24 Fund for Financial Institutions must be carried forward to the
2-25 next fiscal year.
2-26 6. On or before August 1 of each year, the Commissioner
2-27 shall submit to the Interim Finance Committee an itemized
2-28 statement of the income and expenditures during the immediately
2-29 preceding fiscal year for the Fund for Financial Institutions.
2-30 Sec. 3. Except as otherwise expressly provided in a particular
2-31 statute, all money collected by the Commissioner and the Division
2-32 of Financial Institutions pursuant to law must be deposited in the
2-33 State Treasury for credit to the Fund for Financial Institutions
2-34 created by section 2 of this act.
2-35 Sec. 4. NRS 658.055 is hereby amended to read as follows:
2-36 658.055 1. The Commissioner may appoint deputy
2-37 commissioners of financial institutions, examiners, assistants,
2-38 clerks, stenographers and other employees necessary to assist him in
2-39 the performance of his duties pursuant to this title, title 56 of NRS
2-40 or any other law. These employees shall perform such duties as are
2-41 assigned to them by the Commissioner.
2-42 2. The Commissioner shall employ a certified public
2-43 accountant to review and conduct independent audits and
2-44 examinations of financial institutions. The Commissioner shall levy
2-45 an assessment upon each licensed financial institution to cover all of
3-1 the costs related to the employment of the certified public
3-2 accountant and the performance of the audits and examinations.
3-3 3. Assessments collected by the Commissioner pursuant to
3-4 subsection 2 must be deposited in the State Treasury for credit to the
3-5 Account for Auditing Financial Institutions, which is hereby created
3-6 in the [State General Fund.] Fund for Financial Institutions
3-7 created by section 2 of this act. The Commissioner shall use the
3-8 money in the Account, and may advance money from the Account,
3-9 for the purposes specified in subsection 2.
3-10 Sec. 5. NRS 658.096 is hereby amended to read as follows:
3-11 658.096 1. The Commissioner shall charge and collect the
3-12 following fees in connection with his official duties:
3-13 (a) For licensing of state banks:
3-14 (1) A fee of $200 for each parent bank, payable on June 30
3-15 of each year.
3-16 (2) A fee of $100 for each branch bank or trust office,
3-17 payable on June 30 of each year.
3-18 The fees must accompany the application for renewal of the license.
3-19 A penalty of 10 percent of the fee must be charged for each month
3-20 or part of a month that the fees are not paid after June 30 of each
3-21 year.
3-22 (b) For applications for new branch banks or trust offices, a
3-23 nonrefundable fee of $200 for the application and survey, to be paid
3-24 by the applicant at the time of making the application. The applicant
3-25 must also pay such additional expenses incurred in the process of
3-26 investigation as the Commissioner deems necessary. All money
3-27 received by the Commissioner pursuant to this paragraph must be
3-28 placed in the Investigative Account created by NRS 232.545.
3-29 (c) For examinations and the examination of trust departments
3-30 of state banks or trust offices, a fee for conducting the examination
3-31 and for preparing and typing the report of the examination at the rate
3-32 established pursuant to NRS 658.101.
3-33 2. Except as otherwise provided in paragraph (b) of subsection
3-34 1, all money collected pursuant to this section must be paid into the
3-35 [State General Fund.] Fund for Financial Institutions created by
3-36 section 2 of this act.
3-37 3. As used in this section, “trust office” has the meaning
3-38 ascribed to it in subsection 4 of NRS 662.239.
3-39 Sec. 6. NRS 658.145 is hereby amended to read as follows:
3-40 658.145 1. The Commissioner may offer, under such
3-41 conditions as he may deem proper, rewards not to exceed the sum of
3-42 $500 in any one case for the arrest and conviction of any officer,
3-43 director, agent or employee of any bank charged with violating any
3-44 of the laws of this state relating to banks and banking for which a
3-45 criminal penalty is provided, or for the arrest and conviction of any
4-1 person charged with stealing, with or without force, any money,
4-2 property or thing of value of any bank.
4-3 2. The [State Treasurer] Commissioner shall pay out of the
4-4 [State General Fund] Fund for Financial Institutions created by
4-5 section 2 of this act all such rewards . [when they are approved by
4-6 the State Board of Examiners in the usual manner for allowing other
4-7 claims against the State.]
4-8 Sec. 7. NRS 669.190 is hereby amended to read as follows:
4-9 669.190 1. The initial fee to be paid for a trust company
4-10 license must be in proportion to the initial stockholders’ equity of
4-11 the trust company as follows:
4-12 (a) A trust company with an initial stockholders’ equity of not
4-13 less than $300,000 but not more than $500,000 must pay a license
4-14 fee of $500.
4-15 (b) A trust company with an initial stockholders’ equity of more
4-16 than $500,000 but not more than $1,000,000 must pay a license fee
4-17 of $750.
4-18 (c) A trust company with an initial stockholders’ equity of more
4-19 than $1,000,000 must pay a license fee of $1,000.
4-20 2. In addition, every trust company must pay an initial license
4-21 fee of $100 for each branch office that is authorized by the
4-22 Commissioner.
4-23 3. Thereafter, every trust company must pay annually on or
4-24 before April 1 of each year a license fee which must be in
4-25 proportion to its existing stockholders’ equity as follows:
4-26 (a) A trust company with an existing stockholders’ equity of not
4-27 less than $300,000 but not more than $500,000 must pay a license
4-28 fee of $500.
4-29 (b) A trust company with an existing stockholders’ equity of
4-30 more than $500,000 but not more than $1,000,000 must pay a
4-31 license fee of $750.
4-32 (c) A trust company with an existing stockholders’ equity of
4-33 more than $1,000,000 must pay a license fee of $1,000.
4-34 4. All money collected under the provisions of this section
4-35 must be paid into the [State General Fund, and the State Treasurer
4-36 shall issue a receipt therefor.] Fund for Financial Institutions
4-37 created by section 2 of this act.
4-38 Sec. 8. NRS 669.250 is hereby amended to read as follows:
4-39 669.250 1. For each examination of a trust company’s books
4-40 and records required or authorized under this chapter, the
4-41 Commissioner shall charge and collect from the trust company a fee
4-42 for conducting the examination and in preparing and typing the
4-43 report of the examination at the rate established pursuant to
4-44 NRS 658.101.
5-1 2. All money collected under this section must be paid into the
5-2 [State General Fund.] Fund for Financial Institutions created by
5-3 section 2 of this act.
5-4 3. The Commissioner shall examine a licensee as often as he
5-5 deems necessary.
5-6 Sec. 9. NRS 670.310 is hereby amended to read as follows:
5-7 670.310 Except as otherwise provided in NRS 670.115, all
5-8 money collected pursuant to the provisions of this chapter must be
5-9 paid into the [State General Fund.] Fund for Financial Institutions
5-10 created by section 2 of this act.
5-11 Sec. 10. NRS 671.070 is hereby amended to read as follows:
5-12 671.070 1. A license issued pursuant to this chapter expires
5-13 on June 30 of the year following its issuance and thereafter expires
5-14 on June 30 of each year, unless it is earlier surrendered, suspended
5-15 or revoked.
5-16 2. The license may be renewed from year to year upon the
5-17 approval of the Commissioner if the licensee files an application
5-18 conforming to the requirements for an initial application at least 60
5-19 days before the expiration of his current license.
5-20 3. An application for the renewal of the license must be
5-21 accompanied by a fee of $200. No investigation fee may be charged
5-22 for the renewal of the license. If the application or fee for renewal is
5-23 not filed within the required time, the Commissioner may renew the
5-24 expired license upon receipt of the application and fee for renewal,
5-25 and a fee of $200 for late renewal.
5-26 4. All fees collected pursuant to this section must be deposited
5-27 in the State Treasury for credit to the [State General Fund.] Fund
5-28 for Financial Institutions created by section 2 of this act.
5-29 Sec. 11. NRS 232.545 is hereby amended to read as follows:
5-30 232.545 1. An Investigative Account for Financial
5-31 Institutions is hereby created in the [State General Fund.] Fund for
5-32 Financial Institutions created by section 2 of this act. The Account
5-33 consists of money which is:
5-34 (a) Received by the Department of Business and Industry in
5-35 connection with the licensing of financial institutions and the
5-36 investigation of persons associated with those institutions; and
5-37 (b) Required by law to be placed therein.
5-38 2. The [Director of the Department of Business and Industry or
5-39 his designee] Commissioner of Financial Institutions may
5-40 authorize expenditures from the Investigative Account to pay the
5-41 expenses incurred:
5-42 (a) In investigating applications for licensing of financial
5-43 institutions and in investigating persons associated with those
5-44 institutions;
6-1 (b) In conducting special investigations relating to financial
6-2 institutions and persons associated with those institutions; and
6-3 (c) In connection with mergers, consolidations, conversions,
6-4 receiverships and liquidations of financial institutions.
6-5 3. As used in this section, “financial institution” means an
6-6 institution for which licensing or registration is required by the
6-7 provisions of titles 55 and 56 and chapters 604, 645B, 645E and 649
6-8 of NRS.
6-9 Sec. 12. NRS 645A.040 is hereby amended to read as follows:
6-10 645A.040 1. Every license issued pursuant to the provisions
6-11 of this chapter expires on July 1 of each year if it is not renewed. A
6-12 license may be renewed by filing an application for renewal and
6-13 paying the annual fee for the succeeding year.
6-14 2. The fees for the issuance or renewal of a license for an
6-15 escrow agency are:
6-16 (a) For filing an application for an initial license, $500 for the
6-17 principal office and $100 for each branch office. All money received
6-18 by the Commissioner pursuant to this paragraph must be placed in
6-19 the Investigative Account created by NRS 232.545.
6-20 (b) If the license is approved for issuance, $200 for the principal
6-21 office and $100 for each branch office. The fee must be paid before
6-22 issuance of the license.
6-23 (c) For filing an application for renewal, $200 for the principal
6-24 office and $100 for each branch office.
6-25 3. The fees for the issuance or renewal of a license for an
6-26 escrow agent are:
6-27 (a) For filing an application for an initial license or for the
6-28 renewal of a license, $100.
6-29 (b) If a license is approved for issuance or renewal, $25. The fee
6-30 must be paid before the issuance or renewal of the license.
6-31 4. If a licensee fails to pay the fee for the annual renewal of his
6-32 license before its expiration, his license may be renewed only upon
6-33 the payment of a fee 1 1/2 times the amount otherwise required for
6-34 renewal. A license may be renewed pursuant to this subsection only
6-35 if all the fees are paid within 1 year after the date on which the
6-36 license expired.
6-37 5. In addition to the other fees set forth in this section, each
6-38 applicant or licensee shall pay:
6-39 (a) For filing an application for a duplicate copy of any license,
6-40 upon satisfactory showing of its loss, $10.
6-41 (b) For filing any change of information contained in the
6-42 application, $10.
6-43 (c) For each change of association with an escrow agency, $25.
6-44 6. Except as otherwise provided in this chapter, all fees
6-45 received pursuant to this chapter must be deposited in the State
7-1 Treasury for credit to the [State General Fund.] Fund for Financial
7-2 Institutions created by section 2 of this act.
7-3 Sec. 13. NRS 645B.050 is hereby amended to read as follows:
7-4 645B.050 1. A license issued pursuant to this chapter expires
7-5 each year on June 30, unless it is renewed. To renew a license, the
7-6 licensee must submit to the Commissioner on or before June 30 of
7-7 each year:
7-8 (a) An application for renewal;
7-9 (b) The fee required to renew the license pursuant to this
7-10 section; and
7-11 (c) The information required pursuant to NRS 645B.051.
7-12 2. If the licensee fails to submit any item required pursuant to
7-13 subsection 1 to the Commissioner on or before June 30 of any year,
7-14 the license is cancelled. The Commissioner may reinstate a
7-15 cancelled license if the licensee submits to the Commissioner:
7-16 (a) An application for renewal;
7-17 (b) The fee required to renew the license pursuant to this
7-18 section;
7-19 (c) The information required pursuant to NRS 645B.051; and
7-20 (d) Except as otherwise provided in this section, a reinstatement
7-21 fee of $200.
7-22 3. Except as otherwise provided in NRS 645B.016, a certificate
7-23 of exemption issued pursuant to this chapter expires each year on
7-24 December 31, unless it is renewed. To renew a certificate of
7-25 exemption, a person must submit to the Commissioner on or before
7-26 December 31 of each year:
7-27 (a) An application for renewal that includes satisfactory proof
7-28 that the person meets the requirements for an exemption from the
7-29 provisions of this chapter; and
7-30 (b) The fee required to renew the certificate of exemption.
7-31 4. If the person fails to submit any item required pursuant to
7-32 subsection 3 to the Commissioner on or before December 31 of any
7-33 year, the certificate of exemption is cancelled. Except as otherwise
7-34 provided in NRS 645B.016, the Commissioner may reinstate a
7-35 cancelled certificate of exemption if the person submits to the
7-36 Commissioner:
7-37 (a) An application for renewal that includes satisfactory proof
7-38 that the person meets the requirements for an exemption from the
7-39 provisions of this chapter;
7-40 (b) The fee required to renew the certificate of exemption; and
7-41 (c) Except as otherwise provided in this section, a reinstatement
7-42 fee of $100.
7-43 5. Except as otherwise provided in this section, a person must
7-44 pay the following fees to apply for, to be issued or to renew a
7-45 license as a mortgage broker pursuant to this chapter:
8-1 (a) To file an original application for a license, $1,500 for the
8-2 principal office and $40 for each branch office. The person must
8-3 also pay such additional expenses incurred in the process of
8-4 investigation as the Commissioner deems necessary. All money
8-5 received by the Commissioner pursuant to this paragraph must be
8-6 placed in the Investigative Account created by NRS 232.545.
8-7 (b) To be issued a license, $1,000 for the principal office and
8-8 $60 for each branch office.
8-9 (c) To renew a license, $500 for the principal office and $100
8-10 for each branch office.
8-11 6. Except as otherwise provided in this section, a person must
8-12 pay the following fees to apply for or to renew a certificate of
8-13 exemption pursuant to this chapter:
8-14 (a) To file an application for a certificate of exemption, $200.
8-15 (b) To renew a certificate of exemption, $100.
8-16 7. To be issued a duplicate copy of any license or certificate of
8-17 exemption, a person must make a satisfactory showing of its loss
8-18 and pay a fee of $10.
8-19 8. Except as otherwise provided in this chapter, all fees
8-20 received pursuant to this chapter must be deposited in the State
8-21 Treasury for credit to the [State General Fund.] Fund for Financial
8-22 Institutions created by section 2 of this act.
8-23 9. The Commissioner may, by regulation, increase any fee set
8-24 forth in this section if the Commissioner determines that such an
8-25 increase is necessary for the Commissioner to carry out his duties
8-26 pursuant to this chapter. The amount of any increase in a fee
8-27 pursuant to this subsection must not exceed the amount determined
8-28 to be necessary for the Commissioner to carry out his duties
8-29 pursuant to this chapter.
8-30 Sec. 14. NRS 645E.280 is hereby amended to read as follows:
8-31 645E.280 1. A license issued to a mortgage company
8-32 pursuant to this chapter expires each year on December 31, unless it
8-33 is renewed. To renew a license, the licensee must submit to the
8-34 Commissioner on or before December 31 of each year:
8-35 (a) An application for renewal that complies with the
8-36 requirements of this chapter; and
8-37 (b) The fee required to renew the license pursuant to this
8-38 section.
8-39 2. If the licensee fails to submit any item required pursuant to
8-40 subsection 1 to the Commissioner on or before December 31 of any
8-41 year, the license is cancelled. The Commissioner may reinstate a
8-42 cancelled license if the licensee submits to the Commissioner:
8-43 (a) An application for renewal that complies with the
8-44 requirements of this chapter;
9-1 (b) The fee required to renew the license pursuant to this
9-2 section; and
9-3 (c) A reinstatement fee of $200.
9-4 3. Except as otherwise provided in NRS 645E.160, a certificate
9-5 of exemption issued pursuant to this chapter expires each year on
9-6 December 31, unless it is renewed. To renew a certificate of
9-7 exemption, a person must submit to the Commissioner on or before
9-8 December 31 of each year:
9-9 (a) An application for renewal that complies with the
9-10 requirements of this chapter; and
9-11 (b) The fee required to renew the certificate of exemption.
9-12 4. If the person fails to submit any item required pursuant to
9-13 subsection 3 to the Commissioner on or before December 31 of any
9-14 year, the certificate of exemption is cancelled. Except as otherwise
9-15 provided in NRS 645E.160, the Commissioner may reinstate a
9-16 cancelled certificate of exemption if the person submits to the
9-17 Commissioner:
9-18 (a) An application for renewal that complies with the
9-19 requirements of this chapter;
9-20 (b) The fee required to renew the certificate of exemption; and
9-21 (c) A reinstatement fee of $100.
9-22 5. A person must pay the following fees to apply for, to be
9-23 issued or to renew a license as a mortgage company pursuant to this
9-24 chapter:
9-25 (a) To file an original application for a license, $1,500 for the
9-26 principal office and $40 for each branch office. The person must
9-27 also pay such additional expenses incurred in the process of
9-28 investigation as the Commissioner deems necessary. All money
9-29 received by the Commissioner pursuant to this paragraph must be
9-30 placed in the Investigative Account created by NRS 232.545.
9-31 (b) To be issued a license, $1,000 for the principal office and
9-32 $60 for each branch office.
9-33 (c) To renew a license, $500 for the principal office and $100
9-34 for each branch office.
9-35 6. A person must pay the following fees to apply for or to
9-36 renew a certificate of exemption pursuant to this chapter:
9-37 (a) To file an application for a certificate of exemption, $200.
9-38 (b) To renew a certificate of exemption, $100.
9-39 7. To be issued a duplicate copy of any license or certificate of
9-40 exemption, a person must make a satisfactory showing of its loss
9-41 and pay a fee of $10.
9-42 8. Except as otherwise provided in this chapter, all fees
9-43 received pursuant to this chapter must be deposited in the State
9-44 Treasury for credit to the [State General Fund.] Fund for Financial
9-45 Institutions created by section 2 of this act.
10-1 Sec. 15. NRS 649.295 is hereby amended to read as follows:
10-2 649.295 1. A nonrefundable fee of $250 for the application
10-3 and survey must accompany each new application for a license as a
10-4 collection agency. The applicant shall also pay such additional
10-5 expenses incurred in the process of investigation as the
10-6 Commissioner deems necessary. All money received by the
10-7 Commissioner pursuant to this subsection must be placed in
10-8 the Investigative Account created by NRS 232.545.
10-9 2. A fee of not less than $100 nor more than $300, prorated on
10-10 the basis of the licensing year as provided by the Commissioner,
10-11 must be charged for each original license issued. A fee of $200 must
10-12 be charged for each annual renewal of a license.
10-13 3. A fee of $10 must be charged for each duplicate license or
10-14 license for a transfer of location issued.
10-15 4. A nonrefundable investigation fee of $75 must accompany
10-16 each application for a manager’s certificate unless the applicant is
10-17 the holder of or an applicant for a license as a collection agency.
10-18 5. A fee of $20 must be charged for each manager’s certificate
10-19 issued and for each annual renewal of such a certificate.
10-20 6. A fee of $30 must be charged for the reinstatement of a
10-21 manager’s certificate.
10-22 7. A fee of $5 must be charged for each day an application for
10-23 the renewal of a license or certificate, or a required report, is filed
10-24 late, unless the fee or portion thereof is excused by the
10-25 Commissioner for good cause shown.
10-26 8. A nonrefundable fee of $125 for the application and an
10-27 examination must accompany each application for a permit to
10-28 operate a branch office of a licensed collection agency. A fee of
10-29 $100 must be charged for each annual renewal of such a permit.
10-30 9. For each examination the Commissioner shall charge and
10-31 collect from the licensee a fee for conducting the examination and
10-32 preparing and typing the report of the examination at the rate
10-33 established pursuant to NRS 658.101. Failure to pay the fee within
10-34 30 days after receipt of the bill is a ground for revoking the
10-35 collection agency’s license.
10-36 10. Except as otherwise provided in subsection 1, all money
10-37 received by the Commissioner pursuant to this chapter must be
10-38 deposited in the State Treasury for credit to the [State General
10-39 Fund.] Fund for Financial Institutions created by section 2 of this
10-40 act.
10-41 Sec. 16. NRS 673.060 is hereby amended to read as follows:
10-42 673.060 Except as otherwise provided in NRS 673.080,
10-43 673.112 and 673.595:
10-44 1. All fees, charges for expenses, assessments and other money
10-45 collected under the provisions of this chapter from foreign and
11-1 domestic associations, companies and corporations governed by this
11-2 chapter must be paid into the [State General Fund.] Fund for
11-3 Financial Institutions created by section 2 of this act.
11-4 2. The compensation provided for by this chapter and all
11-5 expenses incurred under this chapter must be paid from the [State
11-6 General Fund.] Fund for Financial Institutions created by section
11-7 2 of this act.
11-8 Sec. 17. NRS 673.260 is hereby amended to read as follows:
11-9 673.260 1. The license mentioned in NRS 673.250 authorizes
11-10 the company, association or corporation to whom it is issued to sell
11-11 its approved securities and contracts within this state for the
11-12 remainder of the fiscal year ending on June 30 next succeeding.
11-13 Each license is renewable, under like restrictions, annually
11-14 thereafter.
11-15 2. For the issuing of any license provided for in NRS 673.250
11-16 and for any renewal thereof, the fee of the Commissioner is:
11-17 (a) For each home office, $200.
11-18 (b) For each branch office, $100.
11-19 3. The fees must accompany the license renewal application. A
11-20 penalty of 10 percent of the fee payable must be charged for each
11-21 month or part thereof that the fees are not paid after June 30 of each
11-22 year.
11-23 4. All sums so received by the Commissioner must be
11-24 forthwith delivered to the State Treasurer and must be paid into the
11-25 [State General Fund.] Fund for Financial Institutions created by
11-26 section 2 of this act.
11-27 Sec. 18. NRS 673.270 is hereby amended to read as follows:
11-28 673.270 1. No person may, as a soliciting agent, soliciting
11-29 representative or employee of any foreign or domestic company,
11-30 association or corporation, or in any other capacity, sell or solicit
11-31 sales for any securities such as investment certificates or savings
11-32 accounts or contract for the sale of securities until he is first licensed
11-33 as a salesman or solicitor for sales of those securities by the
11-34 Commissioner.
11-35 2. No person may be licensed for a period of more than 1 year,
11-36 and he may not be licensed until he has first satisfied the
11-37 Commissioner as to his personal integrity.
11-38 3. For the issuing of any license provided for in this section
11-39 and for any renewal thereof, the fee of the Commissioner is $5. All
11-40 sums so received by the Commissioner must be delivered to the
11-41 State Treasurer and must be paid into the [State General Fund.]
11-42 Fund for Financial Institutions created by section 2 of this act.
11-43 4. Tellers or other employees of an insured savings and loan
11-44 association are exempt from the licensing requirements unless their
12-1 employment entails soliciting sales outside their respective offices
12-2 as commission salesmen.
12-3 Sec. 19. NRS 673.318 is hereby amended to read as follows:
12-4 673.318 Every association shall appraise each parcel of real
12-5 estate at the time of acquisition thereof. The report of each appraisal
12-6 must be submitted in writing to the board of directors and must be
12-7 kept in the records of the association. The Commissioner may
12-8 require the appraisal of real estate securing loans by an appraiser
12-9 selected by the Commissioner. The association whose securities are
12-10 appraised under this section shall pay the expense of the appraisal to
12-11 the Commissioner upon demand. Money so received must be paid
12-12 into the [State General Fund.] Fund for Financial Institutions
12-13 created by section 2 of this act. Copies of appraisals must be
12-14 furnished to the association.
12-15 Sec. 20. NRS 673.430 is hereby amended to read as follows:
12-16 673.430 1. Each association doing business in this state shall
12-17 file annually with the Commissioner on or before March 1, a sworn
12-18 statement in two sections.
12-19 2. One section of the annual report must contain, in such form
12-20 and detail as the Commissioner may prescribe, the following:
12-21 (a) The amount of authorized capital by classes and the par
12-22 value of each class of stock.
12-23 (b) A statement of its assets, liabilities and capital accounts as of
12-24 the immediately preceding December 31.
12-25 (c) Any other facts which the Commissioner requires.
12-26 This section must be furnished in duplicate, one certified copy to be
12-27 returned for publication at least two times in a newspaper having a
12-28 general circulation in each county in which the association
12-29 maintains an office. Publication must be completed on or before
12-30 May 1, and proof of publication must be filed in the office of the
12-31 Commissioner.
12-32 3. One section of the annual report must contain such other
12-33 information as the Commissioner may require to be furnished. This
12-34 section need not be published and must be treated as confidential by
12-35 the Commissioner.
12-36 4. The Commissioner may impose and collect a penalty of $5
12-37 for each day the annual report is overdue, up to a maximum of $500.
12-38 Every association shall pay to the Commissioner for supervision and
12-39 examination a fee based on the rate established pursuant to
12-40 NRS 658.101.
12-41 5. All sums so received by the Commissioner must be
12-42 delivered to the State Treasurer and paid into the [State General
12-43 Fund.] Fund for Financial Institutions created by section 2 of this
12-44 act.
13-1 Sec. 21. NRS 673.460 is hereby amended to read as follows:
13-2 673.460 1. Whenever in connection with an examination it is
13-3 necessary or expedient that the Commissioner or his deputy, or both,
13-4 leave this state, there must be assessed against the organization
13-5 under examination a fee of $25 per day for each person while
13-6 without the State in connection with an examination, together with
13-7 all actual and necessary expenses.
13-8 2. The fee charged must be remitted to the Commissioner, who
13-9 shall deliver it to the State Treasurer. The fees [shall] must be paid
13-10 into the [State General Fund.] Fund for Financial Institutions
13-11 created by section 2 of this act.
13-12 Sec. 22. NRS 675.160 is hereby amended to read as follows:
13-13 675.160 Except as otherwise provided in NRS 675.100, all fees
13-14 and charges collected under the provisions of this chapter must be
13-15 paid into the [State General Fund, and the State Treasurer shall issue
13-16 his receipt therefor.] Fund for Financial Institutions created by
13-17 section 2 of this act.
13-18 Sec. 23. NRS 675.400 is hereby amended to read as follows:
13-19 675.400 1. At least once each year, the Commissioner or his
13-20 authorized representatives shall make an examination of the place of
13-21 business of each licensee and of the loans, transactions, books,
13-22 papers and records of the licensee so far as they pertain to the
13-23 business licensed under this chapter.
13-24 2. For each examination the Commissioner shall charge and
13-25 collect from the licensee a fee for conducting the examination and
13-26 preparing and typing the report of the examination at the rate
13-27 established pursuant to NRS 658.101.
13-28 3. All money collected by the Commissioner pursuant to
13-29 subsection 2 must be deposited in the [State General Fund.] Fund
13-30 for Financial Institutions created by section 2 of this act.
13-31 Sec. 24. NRS 676.170 is hereby amended to read as follows:
13-32 676.170 Except as otherwise provided in NRS 676.130, all fees
13-33 and charges collected under the provisions of this chapter must be
13-34 paid into the [state general fund.] Fund for Financial Institutions
13-35 created by section 2 of this act.
13-36 Sec. 25. NRS 677.390 is hereby amended to read as follows:
13-37 677.390 Except as otherwise provided in NRS 677.160, all fees
13-38 and charges collected under the provisions of this chapter must be
13-39 deposited in the [State General Fund.] Fund for Financial
13-40 Institutions created by section 2 of this act.
13-41 Sec. 26. NRS 678.260 is hereby amended to read as follows:
13-42 678.260 The Commissioner shall:
13-43 1. Adopt a regulation establishing the minimum surety bond
13-44 required of credit unions in relation to the amount of property under
13-45 their control.
14-1 2. Adopt a regulation that sets forth the records a credit union
14-2 must keep and prescribes the period for which those records must be
14-3 retained.
14-4 3. Maintain the original application of every credit union in a
14-5 permanent file.
14-6 4. Maintain for at least 6 years, every report filed by a credit
14-7 union with the Division of Financial Institutions.
14-8 5. Except as otherwise provided in NRS 678.800 and 678.810,
14-9 deposit all fees, charges for expenses, assessments and other money
14-10 which is collected pursuant to the provisions of this chapter or any
14-11 regulation adopted thereunder, in the State Treasury for credit to the
14-12 [State General Fund.] Fund for Financial Institutions created by
14-13 section 2 of this act.
14-14 6. Prepare copies of articles of incorporation and bylaws
14-15 consistent with the provisions of this chapter which may be used by
14-16 persons interested in organizing a credit union.
14-17 Sec. 27. If any balance remains unexpended on July 1, 2003,
14-18 in the:
14-19 1. Investigative Account for Financial Institutions created in
14-20 the State General Fund pursuant to NRS 232.545, the State
14-21 Treasurer shall transfer that balance into the Investigative Account
14-22 for Financial Institutions created in the Fund for Financial
14-23 Institutions pursuant to section 11 of this act.
14-24 2. Account for Auditing Financial Institutions created in the
14-25 State General Fund pursuant to NRS 658.055, the State Treasurer
14-26 shall transfer that balance into the Account for Auditing Financial
14-27 Institutions created in the Fund for Financial Institutions pursuant to
14-28 section 4 of this act.
14-29 Sec. 28. 1. Not later than June 30, 2004, the Commissioner
14-30 of Financial Institutions shall collect an assessment pursuant to this
14-31 section from each:
14-32 (a) Bank that is supervised pursuant to chapters 657 to 668,
14-33 inclusive, of NRS;
14-34 (b) Savings and loan association that is supervised pursuant to
14-35 chapter 673 of NRS;
14-36 (c) Thrift company that is supervised pursuant to chapter 677 of
14-37 NRS; and
14-38 (d) Credit union that is supervised pursuant to chapter 678 of
14-39 NRS.
14-40 2. The Commissioner of Financial Institutions shall determine
14-41 the total amount of all assessments to be collected from the entities
14-42 identified in subsection 1, but that amount must not exceed the
14-43 amount of the spending authority authorized by the Legislature for
14-44 the Commissioner of Financial Institutions and the Division of
15-1 Financial Institutions of the Department of Business and Industry
15-2 for fiscal year 2003-2004.
15-3 3. The Commissioner of Financial Institutions shall collect
15-4 from each entity identified in subsection 1 an assessment that is a
15-5 portion of the total amount of all assessments as determined
15-6 pursuant to subsection 2, such that the assessment collected from an
15-7 entity identified in subsection 1 shall bear the same relation to the
15-8 total amount of all assessments as the total assets of that entity bear
15-9 to the total of all assets of all entities identified in subsection 1.
15-10 4. The Commissioner of Financial Institutions may collect the
15-11 assessments authorized pursuant to this section in one or more
15-12 installments. If an entity identified in subsection 1 fails to pay an
15-13 installment within 30 days after receiving notice of the amount of
15-14 the installment from the Commissioner of Financial Institutions, the
15-15 Commissioner of Financial Institutions shall assess a penalty of 10
15-16 percent of the amount of the installment and an additional 1 percent
15-17 of the installment for each month or portion of a month that the
15-18 installment is not paid. The Commissioner of Financial Institutions
15-19 may waive the penalty for good cause.
15-20 5. The assessment required by this section is in addition to any
15-21 other assessment, fee or cost required by law to be paid by an entity
15-22 identified in subsection 1.
15-23 6. Money collected by the Commissioner of Financial
15-24 Institutions pursuant to this section must be deposited in the State
15-25 Treasury for credit to the Fund for Financial Institutions created by
15-26 section 2 of this act.
15-27 Sec. 29. 1. This section and sections 2 and 28 of this act
15-28 become effective upon passage and approval.
15-29 2. Sections 1 and 3 to 27, inclusive, of this act become
15-30 effective upon passage and approval for the purposes of performing
15-31 any preparatory administrative tasks and adopting any regulations
15-32 necessary to carry out the provisions of this act and on July 1, 2003,
15-33 for all other purposes.
15-34 3. Sections 12 and 13 of this act expire by limitation on the
15-35 date on which the provisions of 42 U.S.C. § 666 requiring each state
15-36 to establish procedures under which the state has authority to
15-37 withhold or suspend, or to restrict the use of professional,
15-38 occupational and recreational licenses of persons who:
15-39 (a) Have failed to comply with a subpoena or warrant relating to
15-40 a procedure to determine the paternity of a child or to establish or
15-41 enforce an obligation for the support of a child; or
16-1 (b) Are in arrears in the payment for the support of one or more
16-2 children,
16-3 are repealed by the Congress of the United States.
16-4 H