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
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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:
Section 1. Title 52 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3 to 6, inclusive,
of this act have the meanings ascribed to them in those sections.
Sec. 3. “Borrower” means a natural person who is a
mortgagor, grantor of a deed of trust or other debtor of a home
loan.
Sec. 4. “Home” means a dwelling or dwellings for not more
than four families, the principal use of which is for residential
purposes. The term includes, without limitation:
1. A dwelling on a farm.
2. A dwelling unit of a cooperative housing corporation.
3. A mobile home, as defined in NRS 489.120, with the
wheels removed and skirting added, when set on a foundation
located on land that the owner of the mobile home owns or
occupies pursuant to a tenancy with a term of 40 years or more.
Sec. 5. “Home loan” means a consumer credit transaction
that:
1. Is secured by a mortgage loan which involves real property
located within this state; and
2. Constitutes a mortgage under § 152 of the Home
Ownership 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.
Sec. 6. “Lender” means a mortgagee, beneficiary of a deed
of trust or other creditor who holds a mortgage, deed of trust or
other instrument that encumbers home property as security for the
repayment of a home loan.
Sec. 7. 1. It is an unfair lending practice for a lender to:
(a) Require a borrower, as a condition of obtaining or
maintaining a home loan secured by home property, to provide
property insurance on improvements to home property in an
amount that exceeds the reasonable replacement value of the
improvements.
(b) Knowingly or intentionally make a home loan to a
borrower based solely upon the equity of the borrower in the home
property and without determining that the borrower has the ability
to repay the home loan from other assets, including, without
limitation, income.
(c) Finance a prepayment fee or penalty in connection with the
refinancing by the original borrower of a home loan owned by the
lender or an affiliate of the lender.
(d) Finance, directly or indirectly in connection with a home
loan, any credit insurance.
2. As used in this section:
(a) “Credit insurance” has the meaning ascribed to it in
NRS 690A.015.
(b) “Prepayment fee or penalty” means any fee or penalty
imposed by a lender if a borrower repays the balance of a loan or
otherwise makes a payment on a loan before the regularly
scheduled time for repayment.
Sec. 8. 1. A lender who willfully engages in an unfair
lending practice described in this chapter is guilty of a
misdemeanor.
2. If a lender willfully engages in any unfair lending practice
described in this chapter in connection with a home loan, the
lender is liable to the borrower in an amount equal to the sum of:
(a) Three times the amount of any actual damages sustained
by the borrower; and
(b) If the borrower brings an action and is successful in
enforcing the liability imposed by paragraph (a) in the action, the
costs of bringing the action and reasonable attorney’s fees as
determined by the court.
3. The borrower has a defense against the unpaid obligation
of the home loan to the extent of any amount awarded by a court
pursuant to paragraph (a) of subsection 2, and the court, in
addition to any other legal or equitable remedy, may cure any
existing default of the home loan and cancel any pending
foreclosure sale, trustee’s sale or other sale to enforce the home
loan.
Sec. 8.3. 1. If an action has been filed in a court of
competent jurisdiction claiming an unfair lending practice in
connection with a home loan, the lender who holds the home loan
may sell the home loan and recover damages and costs as provided
in this section if the lender did not:
(a) Originate the home loan; and
(b) Willfully engage in any unfair lending practice described
in this chapter in connection with the home loan.
2. The lender described in subsection 1 may require the
person from whom the lender purchased the home loan described
in subsection 1 to:
(a) Repurchase the home loan for the amount the lender paid
for the home loan; and
(b) Pay to the lender all damages and reasonable costs
incurred by the lender that are related to:
(1) The purchase of the home loan by the lender from the
person;
(2) Any damages awarded in the action described in
subsection 1;
(3) Any costs related to the action described in
subsection 1;
(4) The repurchase of the home loan by the lender if the
lender was required to repurchase the home loan from another
lender pursuant to this section; and
(5) The repurchase of the home loan from the lender by the
person pursuant to this section.
3. The person described in subsection 2:
(a) Shall repurchase the home loan and pay the damages and
costs as described in subsection 2; and
(b) After repurchasing the home loan, may sell the home loan
and recover damages and costs as provided in this section if he is a
lender described in subsection 1.
Sec. 8.7. A mortgage, deed of trust or other instrument that
encumbers home property as security for repayment of a home
loan must expressly indicate in writing in the mortgage, deed of
trust or other instrument that the home loan is a home loan as
defined in section 5 of this act.
Sec. 9. 1. The Attorney General has primary jurisdiction to
investigate and prosecute violations of this chapter.
2. When acting pursuant to this section, the Attorney General
may commence his investigation and file a criminal action without
leave of court, and he has exclusive charge of the conduct of the
prosecution.
3. A local government shall not regulate any activity to which
the provisions of this chapter apply.
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 provisions of this section apply to the
exercise of a power of sale pursuant to NRS 107.080 only 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 Home
Ownership 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. The trustee shall not exercise a power of sale pursuant to
NRS 107.080 unless:
(a) In the manner required by subsection 3, not later than 60
days before the date of the sale, the trustee causes to be served
upon the grantor a notice in the form described in subsection 3;
and
(b) If an action is filed in a court of competent jurisdiction
claiming an unfair lending practice in connection with the trust
agreement, the date of the sale is not less than 30 days after the
date the most recent such action is filed.
3. The notice described in subsection 2 must be:
(a) Served upon the grantor by personal service or, if personal
service cannot be timely effected, in such other manner as a court
determines is reasonably calculated to afford notice to the grantor;
and
(b) In substantially the following form, with the applicable
telephone numbers and mailing addresses provided on the notice
and a copy of the promissory note attached to the notice:
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME!
Your home loan is being foreclosed. In 60 days your home will be
sold and you will be forced to move. For help, call:
Consumer Credit Counseling ___________________
The Attorney General ______________________
TheDivision of Financial Institutions ______________________
Legal Services _________________________
Your Lender ______________________
Nevada Fair Housing Center ___________________
4. This section does not prohibit a judicial foreclosure.
5. As used in this section, “unfair lending practice” means an
unfair lending practice described in sections 2 to 9, inclusive, of
this act.
Sec. 11. NRS 107.080 is hereby amended to read as follows:
107.080 1. [Where] Except as otherwise provided in section
10 of this act, if any transfer in trust of any estate in real property is
made after March 29, 1927, to secure the performance of an
obligation or the payment of any debt, a power of sale is hereby
conferred upon the trustee to be exercised after a breach of the
obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) In the case of any trust agreement coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the
grantor, or his successor in interest, a beneficiary under a
subordinate deed of trust or any other person who has a subordinate
lien or encumbrance of record on the property, has for a period of 15
days, computed as prescribed in subsection 3, failed to make good
the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, or his successor in
interest, a beneficiary under a subordinate deed of trust or any other
person who has a subordinate lien or encumbrance of record on the
property, has for a period of 35 days, computed as prescribed in
subsection 3, failed to make good the deficiency in performance or
payment;
(b) The beneficiary, the successor in interest of the beneficiary
or the trustee first executes and causes to be recorded in the office of
the recorder of the county wherein the trust property, or some part
thereof, is situated a notice of the breach and of his election to sell
or cause to be sold the property to satisfy the obligation; and
(c) Not less than 3 months have elapsed after the recording of
the notice.
3. The 15- or 35-day period provided in paragraph (a) of
subsection 2 commences on the first day following the day upon
which the notice of default and election to sell is recorded in the
office of the county recorder of the county in which the property is
located and a copy of the notice of default and election to sell is
mailed by registered or certified mail, return receipt requested and
with postage prepaid to the grantor, and to the person who holds the
title of record on the date the notice of default and election to sell is
recorded, at their respective addresses, if known, otherwise to the
address of the trust property. The notice of default and election to
sell must describe the deficiency in performance or payment and
may contain a notice of intent to declare the entire unpaid balance
due if acceleration is permitted by the obligation secured by the
deed of trust, but acceleration must not occur if the deficiency in
performance or payment is made good and any costs, fees and
expenses incident to the preparation or recordation of the notice and
incident to the making good of the deficiency in performance or
payment are paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale
under the terms of the trust deed or transfer in trust, shall, after
expiration of the 3-month period following the recording of the
notice of breach and election to sell, and before the making of the
sale, give notice of the time and place thereof in the manner and for
a time not less than that required by law for the sale or sales of real
property upon execution. The sale itself may be made at the office
of the trustee, if the notice so provides, whether the property so
conveyed in trust is located within the same county as the office of
the trustee or not.
5. Every sale made under the provisions of this section and
other sections of this chapter vests in the purchaser the title of the
grantor and his successors in interest without equity or right of
redemption. The sale of a lease of a dwelling unit of a cooperative
housing corporation vests in the purchaser title to the shares in the
corporation which accompany the lease.
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,
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.
Sec. 26. The amendatory provisions of sections 1 to 9,
inclusive, of this act do not apply to a loan that is entered into before
October 1, 2003.
20~~~~~03