Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of AB493 (§ 3).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated as sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. Except as otherwise provided by law, any money appropriated to the Commissioner or the Division and any money collected by the Commissioner or Division pursuant to law:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and
(b) May only be used to:
(1) Carry out the programs and laws administered by the Commissioner and the Division; and
(2) Pay the expenses related to the operations of the Commissioner and the Division.
2. Except as otherwise provided by law, any money that remains in the account at the end of the fiscal year, does not revert to the State General Fund, and the balance of the account must be carried forward to the next fiscal year.
3. The Commissioner shall administer the account. Any interest or income earned on the money in the account must be credited to the account, after deducting any applicable charges. Any claims against the account must be paid as other claims against the State are paid.
Sec. 3. 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:
(a) Check-cashing service or deferred deposit service that is supervised pursuant to chapter 604 of NRS;
(b) Escrow agent that is supervised pursuant to chapter 645 A of NRS;
(c) Mortgage broker that is supervised pursuant to chapter 645B of NRS;
(d) Mortgage company that is supervised pursuant to chapter 645E of NRS;
(e) Collection agency that is supervised pursuant to chapter 649 of NRS;
(f) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
(g) Trust company that is supervised pursuant to chapter 669 of NRS;
(h) Development corporation that is supervised pursuant to chapter 670 of NRS;
(i) Corporation for economic revitalization and diversification that is supervised pursuant to chapter 670A of NRS;
(j) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;
(k) Savings and loan association that is supervised pursuant to chapter 673 of NRS;
(l) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
(m) Person engaged in the business of debt adjusting that is supervised pursuant to chapter 676 of NRS;
(n) Thrift company that is supervised pursuant to chapter 677 of NRS; and
(o) Credit union that is supervised pursuant to chapter 678 of NRS.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of section 2 of this act.”.
Amend the bill as a whole by deleting sec. 4 and adding:
“Sec. 4. (Deleted by amendment.)”.
Amend sec. 5, page 3, line 34, by deleting “paid into” and inserting:
“[paid into] deposited in”.
Amend sec. 5, page 3, by deleting line 35 and inserting:
“State [General Fund.] Treasury pursuant to the provisions of”.
Amend sec. 6, page 4, line 3, after “of the” by inserting:
“money deposited to the”.
Amend sec. 6, page 4, by deleting line 4 and inserting:
“State [General Fund] Treasury pursuant to the provisions of”.
Amend sec. 7, page 4, by deleting lines 35 through 37 and inserting:
“must be [paid into] deposited in the State [General Fund and the State Treasurer shall issue a receipt therefor.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 8, page 5, line 1, by deleting “paid into” and inserting:
“[paid into] deposited in”.
Amend sec. 8, page 5, by deleting line 2 and inserting:
“State [General Fund.] Treasury pursuant to the provisions of”.
Amend sec. 9, page 5, by deleting lines 9 and 10 and inserting:
“[paid into] deposited in the State [General Fund] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 10, page 5, by deleting lines 27 and 28 and inserting:
“in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.”.
Amend the bill as a whole by deleting sec. 11 and adding:
“Sec. 11. (Deleted by amendment.)”.
Amend sec. 12, page 7, by deleting lines 1 and 2 and inserting:
“Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.”.
Amend sec. 13, page 8, by deleting lines 21 and 22 and inserting:
“Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.”.
Amend sec. 14, page 9, by deleting lines 44 and 45 and inserting:
“Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this act.”.
Amend sec. 15, page 10, by deleting lines 38 and 39 and inserting:
“deposited in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of section 2 of this”.
Amend sec. 16, page 11, by deleting lines 2 and 3 and inserting:
“chapter must be [paid into the State General Fund.] deposited in the State Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 16, page 11, by deleting lines 5 and 6 and inserting:
“expenses incurred under this chapter must be paid from the money deposited in the State [General Fund.] Treasury pursuant to the provisions of section”.
Amend sec. 17, page 11, by deleting lines 24 and 25 and inserting:
“[forthwith delivered to the State Treasurer and must be paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of”.
Amend sec. 18, page 11, by deleting lines 40 through 42 and inserting:
“sums so received by the Commissioner must be [delivered to the State Treasurer and must be paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 19, page 12, line 11, by deleting “paid” and inserting “[paid”.
Amend sec. 19, page 12, by deleting lines 12 and 13 and inserting:
“into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act. Copies of appraisals must be”.
Amend sec. 20, page 12, by deleting lines 42 and 43 and inserting:
“[delivered to the State Treasurer and paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this”.
Amend sec. 21, page 13, by deleting lines 9 through 11 and inserting:
“shall [deliver it to the State Treasurer. The fees shall be paid into] deposit the fees in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 22, page 13, by deleting lines 15 and 16 and inserting:
“[paid into] deposited in the State [General Fund, and the State Treasurer shall issue his receipt therefor.] Treasury pursuant to the provisions of”.
Amend sec. 23, page 13, by deleting lines 29 and 30 and inserting:
“subsection 2 must be deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 24, page 13, by deleting lines 34 and 35 and inserting:
“[paid into] deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 25, page 13, by deleting lines 39 and 40 and inserting:
“deposited in the State [General Fund.] Treasury pursuant to the provisions of section 2 of this act.”.
Amend sec. 26, page 14, by deleting lines 11 and 12 and inserting:
“regulation adopted [thereunder,] pursuant thereto in the State Treasury [for credit to the State General Fund.] pursuant to the provisions of”.
Amend the bill as a whole by deleting sections 27 and 28 and adding:
“Secs. 27 and 28. (Deleted by amendment.)”.
Amend sec. 29, page 15, by deleting lines 27 through 29 and inserting:
“Sec. 29. 1. This act becomes”.
Amend sec. 29, page 15, line 34, by deleting “3.” and inserting “2.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state financial administration; providing that certain money collected by the Commissioner of Financial Institutions and the Division of Financial Institutions of the Department of Business and Industry must be deposited in the State Treasury and accounted for separately in the State General Fund; providing that the money deposited in the State Treasury by the Commissioner and the Division and accounted for separately in the State General Fund must be used to carry out the programs and pay for the expenses of the Commissioner and the Division; providing that the Commissioner shall collect an assessment from certain financial institutions for the purpose of recovering the cost to the Commissioner for legal services provided by the Attorney General to the Commissioner and the Division; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: