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 sec. 7, pages 2 and 3, by deleting lines 38 through 43 on page 2 and lines 1 through 26 on page 3, and inserting:
“loan, any credit insurance.”.
Amend sec. 8, page 3, line 34, by deleting “person” and inserting “lender”.
Amend sec. 9, page 4, between lines 13 and 14, by inserting:
“3. A local government shall not regulate any activity to which the provisions of this chapter apply.”.
Amend the bill as a whole by deleting sec. 10 and adding a new section designated sec. 10, following sec. 9, to read as follows:
“Sec. 10. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:
1. With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the trustor may not direct the trustee to exercise a power of sale pursuant to NRS 107.080 if:
(a) The trust agreement becomes effective on or after October 1, 2003; and
(b) On the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Homeownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.
2. This section does not prohibit a judicial foreclosure.”.
Amend the bill as a whole by deleting sections 12 and 13, renumbering sec. 14 as sec. 26 and adding new sections designated sections 12 through 25, following sec. 11, to read as follows:
“Sec. 12. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the State has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.
Sec. 13. NRS 266.355 is hereby amended to read as follows:
266.355 1. Except as otherwise provided in subsection 3, the city council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
3. The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
Sec. 14. NRS 269.170 is hereby amended to read as follows:
269.170 1. Except as otherwise provided in NRS 576.128 [,] and section 9 of this act, the town board or board of county commissioners may in any unincorporated town:
(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:
(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.
(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.
(3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.
(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.
(6) Corrals, hay yards, livery and sale stables and wagon yards.
(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.
(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.
(10) Drummers, hawkers, peddlers and solicitors.
(11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
(b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the State has issued or will issue a license required for this activity.
3. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.
Sec. 15. Section 2.140 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read as follows:
Sec. 2.140 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 16. Section 2.150 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to read as follows:
Sec. 2.150 Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.
1. The Board of Councilmen may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.
3. The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 17. Section 2.260 of the Charter of the City of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 96, Statutes of Nevada 1997, at page 181, is hereby amended to read as follows:
Sec. 2.260 Power of Board: Licensing, regulation and prohibition of trades, professions and businesses.
1. [The] Except as otherwise provided in section 9 of this act, the Board may fix, impose and collect a license tax for revenue upon, or regulate:
(a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City, except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.
(b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.
(c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.
2. The Board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.
3. The Board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
4. The Board may, for just cause, suspend, cancel or revoke any business license.
Sec. 18. Section 2.150 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 454, is hereby amended to read as follows:
Sec. 2.150 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.
Sec. 19. Section 2.130 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to read as follows:
Sec. 2.130 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 20. Section 2.150 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby amended to read as follows:
Sec. 2.150 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) Except as is otherwise provided in subsection 2 [,] and section 9 of this act, license and regulate all lawful businesses, trades and professions.
(b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.
(c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the City in such manner as may be prescribed by ordinance.
2. No person, firm or corporation which is licensed by an agency of the State to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:
(a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the City such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and
(b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the City.
3. The City Council may provide, by ordinance, regulations which restrict the number, location and method of operation of and the qualifications for ownership in:
(a) Liquor-dispensing or gaming establishments, or both;
(b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and
(c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,
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and regulations which prescribe the circumstances under and
the manner in which licenses with respect to those establishments, businesses,
trades and professions may be denied, limited, suspended or revoked.
Sec. 21. Section 2.140 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is hereby amended to read as follows:
Sec. 2.140 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license fee for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license fees required to be collected pursuant to this section.
Sec. 22. Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2105, is hereby amended to read as follows:
Sec. 2.140 General powers of City Council.
1. Except as otherwise provided in subsection 2 and section 2.150, the City Council may:
(a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.
(b) [Regulate] Except as otherwise provided in section 9 of this act, regulate and impose a license tax for revenue upon all businesses, trades and professions.
(c) Provide or grant franchises for public transportation and utilities.
(d) Appropriate money for advertising and publicity and for the support of a municipal band.
(e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the City whenever the offense is committed within the City.
(f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:
(1) Coequal with the latest lien upon the property to secure the payment of general taxes.
(2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The City Council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 23. Section 2.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 230, is hereby amended to read as follows:
Sec. 2.090 Powers of City Council: General areas. The City Council may exercise any power specifically granted in this Charter or by any of the provisions of Nevada Revised Statutes not in conflict with this Charter, in order to:
1. [License] Except as otherwise provided in section 9 of this act, license all businesses, trades and professions for purposes of regulation and revenue.
2. Enact and enforce fire ordinances.
3. Regulate the construction and maintenance of any building or other structure within the City.
4. Provide for safeguarding of public health in the City.
5. Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.
6. Acquire, control, lease, dedicate, sell and convey rights of way, parks and other real property.
7. Regulate vehicular traffic and parking of vehicles.
8. Establish and maintain a sanitary sewer system.
9. Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.
10. Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.
11. Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.
Sec. 24. Section 2.150 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to read as follows:
Sec. 2.150 Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.
1. The Board of Councilmen may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.
3. The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 25. Section 2.140 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to read as follows:
Sec. 2.140 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The City Council may:
(a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.”.
Amend sec. 14, page 6, line 18, by deleting:
“12 and 13”.
Amend the title of the bill to read as follows:
“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.”.