(ReprintedAssembly withBill amendmentsNo. adopted on May 25, 2017) SECOND REPRINT A.B.

321321–Assemblymen ASwank; SSEMBLY BILL N O.

321–AAraujo, SSEMBLYMENBustamante SWANKAdams, ;Carlton, Carrillo, Daly, Fumo, Jauregui, Watkins and Yeager CHAPTER..........

A RAUJO , BUSTAMANTE ADAMS , ARLTON , CARRILLO , ALY , FUMO , JAUREGUI , WATKINS AND Y EAGER M ARCH 20, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Authorizes a county or city to require a hosting platform and certain users of hosting platforms to provide certain reports and information to a county or city.

(BDR 20-1138) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegThis Counsel’sbill Digest:authorizes the board of county commissioners of a county or the city council or governing body of an incorporated city to adopt an ordinance requiring the submission of quarterly reports by:

This bill authorizes the board of county commissioners of a county or the city the submission of quarterly reports by:

and (2) certain owners or lessees of residential units whichreport usemust include certain information concerning the rentals facilitated by theterly hosting platformsplatform toin facilitatethe county or city, as applicable, and the revenue from such rentals.

UnderThis thisbill bill,further therequires quarterly report must include certain information concerning the rentalsordinance facilitatedto byauthorize thean hostingagency platformof in the county or city, as applicable, and the revenue from such or city, as applicable, to issue a subpoena requiring a hosting platform, owner oruntyor lessee to produce documents, records or materials necessary for determining whether a rental of a residential unit or a room or space within a residential unit has -which *AB321_R2* – 2 – violated the lawsresidential ofunit thisis Statelocated.ordinance or an ordinance adopted by the county or city in whichEXPLANATION the– residentialMatter unitin bolded italics is located.new;

matter between brackets [omitted material] is material to be omitted.

- 79th Session (2017) – 2 – (b) An owner or lessee which uses a hosting platform that facilitates the rental of a residential unit in the county or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the county of any information required by subsection 2 regarding the rental that is not collected by the hosting platform.platform.garding the 2.

2.

(a) There is evidence sufficient to support a reasonable belief that a residential unit in the county or a room or space within such a residential unit has been rented or is being rented in violation of any law of this State or an ordinance adopted by the boa(b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the board of county commissioners of the county;county and the provision of law or ordinance allegedly violated.

- *AB321_R2* – 3 – (b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the board of county commissioners of the county and the provision of law or ordinance allegedly violated.

- 79th Session (2017) – 3 – (2) Produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by subparagraph (1) unless otherwise ordered by a court.

(b) An owner or lessee of a rental to whom a subpoena has been issued pursuant to the ordinance to produce any subpoenaed books, papers or documents not later than 21 days after thethenaed issuance of the subpoena, unless otherwise ordered by a court.

Chapter 268 of NRS is hereby amended by adding theretothe1.toThe acity newcouncil sectionor toother readgoverning asbody follows:of an incorporated city may adopt an ordinance requiring:

1.(a) A hosting platform that facilitates the rental of a residential unit in the incorporated city or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of the information required by subsection 2 that is collected by the hosting platform.

The city council or other governing body of an incorporated city may adopt an ordinance requiring:

- *AB321_R2* – 4 – (a) A hosting platform that facilitates the rental of a residential unit in the incorporated city or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of the information required by subsection 2 that is collected by the hosting platform.

- 79th Session (2017) – 4 – 2.

(b) The average number of bookings per listing for the incorporated city;

number of bookings per listing for the (c) Current year-to-date booking value for the incorporated city;

(b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the city council law or governingordinance bodyallegedly violated.d city and the provision of ¬ A subpoena issued pursuant to the incorporatedordinance citymust be mailed by regular and certified mail to the provisionhosting ofplatform lawor, if applicable, the owner or ordinancelessee allegedlywho violated.was required to file a quarterly report regarding the rental pursuant to the ordinance.

¬ A subpoena issued pursuant to the ordinance must be mailed by regular and certified mail to the hosting platform or, if applicable, - *AB321_R2* – 5 – the owner or lessee who was required to file a quarterly report regarding the rental pursuant to the ordinance.

- 79th Session (2017) – 5 – (b) An owner or lessee of a rental to whom a subpoena has been issued pursuant to the ordinance to produce any subpoenaed books, papers or documents not later than 21 days after the issuance of the subpoena, unless otherwise ordered by a court.

If a person to whom a subpoena has been issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the incorporated city issuing the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in thea mannercivil providedaction.ided by law for the enforcement of a subpoena6. in a civil action.

6.

H20~~~~~ 17 - *AB321_R2*79th Session (2017)