Senate Bill No. 7–Senator Wiener

 

Prefiled January 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Repeals various obsolete provisions relating to telegraphs. (BDR 58‑587)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to telegraphs; repealing certain obsolete provisions relating to telegraphs; 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.  NRS 119.182 is hereby amended to read as follows:

1-2  119.182  1.  The information submitted pursuant to NRS

1-3  119.140 must be given to and reviewed with each purchaser by the

1-4  broker or salesman before the execution of any contract for the sale

1-5  of any such property. The broker shall obtain from the purchaser a

1-6  signed receipt for a copy of the information and, if a contract for

1-7  disposition is entered into, the receipt and a copy of all contracts and

1-8  agreements must be kept in the broker’s files within the State of

1-9  Nevada for 3 years or 1 year after final payment has been made on

1-10  any contract for the sale of property, whichever is longer, and is

1-11  subject to such inspection and audit as may be prescribed by

1-12  regulations of the Division.

1-13      2.  The purchaser of any subdivision or any lot, parcel, unit or

1-14  interest in any subdivision, not exempted under the provisions of

1-15  NRS 119.120 or 119.122 may cancel, by written notice, the contract

1-16  of sale until midnight of the fifth calendar day following the date of

1-17  execution of the contract, and the contract must so provide. The

1-18  right of cancellation may not be waived. Any attempt by the

2-1  developer to obtain such a waiver results in a contract which is

2-2  voidable by the purchaser.

2-3  3.  The notice of cancellation may be delivered personally to the

2-4  developer or sent by certified mail or [telegraph] telegram to the

2-5  business address of the developer.

2-6  4.  The developer shall, within 15 days after receipt of the

2-7  notice of cancellation, return all payments made by the purchaser.

2-8  Sec. 2.  NRS 119A.410 is hereby amended to read as follows:

2-9  119A.410  1.  The purchaser of a time share may cancel, by

2-10  written notice, the contract of sale until midnight of the fifth

2-11  calendar day following the date of execution of the contract. The

2-12  contract of sale must include a statement of this right.

2-13      2.  The right of cancellation may not be waived. Any attempt by

2-14  the developer to obtain a waiver results in a contract which is

2-15  voidable by the purchaser.

2-16      3.  The notice of cancellation may be delivered personally to the

2-17  developer or sent by certified mail or [telegraph] telegram to

2-18  the business address of the developer.

2-19      4.  The developer shall, within 15 days after receipt of the

2-20  notice of cancellation, return all payments made by the purchaser.

2-21      Sec. 3.  NRS 171.148 is hereby amended to read as follows:

2-22      171.148  1.  A warrant of arrest may be transmitted by

2-23  [telegraph. A telegraphic] telegram. A copy of [such] a warrant

2-24  transmitted by telegram may be sent to one or more peace officers,

2-25  and [such] the copy is as effectual in the hands of any officer, and

2-26  he must proceed in the same manner under it, as though he held an

2-27  original warrant issued by the magistrate before whom the original

2-28  complaint in the case was laid.

2-29      2.  Every officer causing [telegraphic copies of warrants] a

2-30  warrant to be [sent] transmitted by telegram pursuant to

2-31  subsection 1 must certify as correct [and file in the telegraph office

2-32  from which such copies are sent] a copy of the warrant and

2-33  endorsement thereon, and must return the original with a statement

2-34  of his action thereunder.

2-35      3.  As used in this section, [“telegraph”] “telegram” includes

2-36  every method of electric or electronic communication by which a

2-37  written as distinct from an oral message is transmitted.

2-38      Sec. 4.  NRS 645A.100 is hereby amended to read as follows:

2-39      645A.100  1.  Notice of the entry of any order of suspension or

2-40  revocation or of imposing a fine or refusing a license to any escrow

2-41  agent or agency must be given in writing, served personally or sent

2-42  by certified mail or by [telegraph] telegram to the last known

2-43  address of the agent or agency affected.

2-44      2.  The agent or agency, upon application, is entitled to a

2-45  hearing . [but if no] If an application is not made within 20 days

3-1  after the entry of the order , the Commissioner shall enter a final

3-2  order.

3-3  Sec. 5.  NRS 645B.750 is hereby amended to read as follows:

3-4  645B.750  1.  If the Commissioner enters an order taking any

3-5  disciplinary action against a person or denying a person’s

3-6  application for a license, the Commissioner shall cause a written

3-7  notice of the order to be served personally or sent by certified mail

3-8  or [telegraph] telegram to the person.

3-9  2.  Unless a hearing has already been conducted concerning the

3-10  matter, the person, upon application, is entitled to a hearing. If the

3-11  person does not make such an application within 20 days after

3-12  the date of the initial order, the Commissioner shall enter a final

3-13  order concerning the matter.

3-14      3.  A person may appeal a final order of the Commissioner in

3-15  accordance with the provisions of chapter 233B of NRS that apply

3-16  to a contested case.

3-17      Sec. 6.  NRS 645E.750 is hereby amended to read as follows:

3-18      645E.750  1.  If the Commissioner enters an order taking any

3-19  disciplinary action against a person or denying a person’s

3-20  application for a license, the Commissioner shall cause a written

3-21  notice of the order to be served personally or sent by certified mail

3-22  or [telegraph] telegram to the person.

3-23      2.  Unless a hearing has already been conducted concerning the

3-24  matter, the person, upon application, is entitled to a hearing. If the

3-25  person does not make such an application within 20 days after

3-26  the date of the initial order, the Commissioner shall enter a final

3-27  order concerning the matter.

3-28      3.  A person may appeal a final order of the Commissioner in

3-29  accordance with the provisions of chapter 233B of NRS that apply

3-30  to a contested case.

3-31      Sec. 7.  NRS 669.160 is hereby amended to read as follows:

3-32      669.160  1.  Within 60 days after the application for a license

3-33  is filed, the Commissioner shall investigate the facts of the

3-34  application and the other requirements of this chapter to determine:

3-35      (a) That the persons who will serve as directors or officers of the

3-36  corporation, or the managers or members acting in a managerial

3-37  capacity of the limited-liability company, as applicable:

3-38          (1) Have a good reputation for honesty, trustworthiness and

3-39  integrity and display competence to transact the business of a trust

3-40  company in a manner which safeguards the interests of the general

3-41  public. The applicant must submit satisfactory proof of these

3-42  qualifications to the Commissioner.

3-43          (2) Have not been convicted of, or entered a plea of nolo

3-44  contendere to, a felony or any crime involving fraud,

3-45  misrepresentation or moral turpitude.

4-1       (3) Have not made a false statement of material fact on the

4-2  application.

4-3       (4) Have not had a license that was issued pursuant to the

4-4  provisions of this chapter suspended or revoked within the 10 years

4-5  immediately preceding the date of the application.

4-6       (5) Have not had a license as a trust company which was

4-7  issued in any other state, district or territory of the United States or

4-8  any foreign country suspended or revoked within the 10 years

4-9  immediately preceding the date of the application.

4-10          (6) Have not violated any of the provisions of this chapter or

4-11  any regulation adopted pursuant to the provisions of this chapter.

4-12      (b) That the financial status of the directors and officers of the

4-13  corporation or the managers or members acting in a managerial

4-14  capacity of the limited-liability company is consistent with their

4-15  responsibilities and duties.

4-16      (c) That the name of the proposed company is not deceptively

4-17  similar to the name of another trust company licensed in this state or

4-18  is not otherwise misleading.

4-19      (d) That the initial stockholders’ equity is not less than the

4-20  required minimum.

4-21      2.  Notice of the entry of an order refusing a license to a trust

4-22  company must be given in writing, served personally or sent by

4-23  certified mail or by [telegraph] telegram to the company affected.

4-24  The company, upon application, is entitled to a hearing before a

4-25  hearing officer appointed by the Director of the Department of

4-26  Business and Industry, but if no such application is made within 30

4-27  days after the entry of an order refusing a license to any company,

4-28  the Commissioner shall enter a final order.

4-29      3.  If the hearing officer affirms the order of the Commissioner

4-30  refusing the license, the applicant may file a petition for judicial

4-31  review pursuant to NRS 233B.130.

 

4-32  H