EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 597 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. An informal merchant shall not offer for sale or knowingly allow

1-4 the sale of any new product that he knows or reasonably should have

1-5 known is stolen, has been recalled by the manufacturer, has been

1-6 adulterated, has not been maintained at the proper temperature, has an

1-7 expiration date that has passed, has been discarded by the manufacturer

1-8 or a retailer, is an inferior product if he does not clearly indicate such

1-9 inferiority, or has any other defect that makes the product ineffective for

1-10 the use for which it is purchased or that makes the product below the

1-11 quality expected by the consumer.

1-12 2. An informal merchant who violates the provisions of subsection 1

1-13 shall be punished:

1-14 (a) If the sale of the product does not cause substantial bodily harm to

1-15 another person, for a gross misdemeanor.

2-1 (b) If the sale of the product causes substantial bodily harm to another

2-2 person, for a category C felony as provided in NRS 193.130.

2-3 3. Upon request of a peace officer, an informal merchant shall

2-4 provide reliable evidence of the legal acquisition of a new product that

2-5 the merchant is offering for sale. If it is determined that the product was

2-6 stolen and the informal merchant fails to provide such evidence, an

2-7 inference is created that the informal merchant knew or should have

2-8 known that the product was stolen.

2-9 4. As used in this section:

2-10 (a) "Informal market" means:

2-11 (1) A gathering at which:

2-12 (I) Two or more persons offer personal property for sale or

2-13 exchange;

2-14 (II) A fee is charged for the sale or exchange of personal

2-15 property; or

2-16 (III) A fee is charged for admission to the area in which personal

2-17 property is offered for sale or exchange; or

2-18 (2) A place at which personal property is offered or displayed for

2-19 sale or exchange on more than six occasions in a period of 12 months,

2-20 whether held in a building, under cover or in the open air.

2-21 (b) "Informal merchant" means a person who does not have an

2-22 established retail store in the county and who transports an inventory of

2-23 goods to an informal market and displays the goods for sale, offers them

2-24 for sale at retail or sells them at retail.

2-25 (c) "New product" means any tangible good which has never been

2-26 used or which is in its original, unopened package or container.

2-27 (d) "Stolen" means taken unlawfully from or without the permission

2-28 of the owner, whether or not the person who took the item is or has been

2-29 prosecuted or convicted for the taking of the item.

2-30 Sec. 2. NRS 598.281 is hereby amended to read as follows:

2-31 598.281 As used in NRS 598.281 to 598.289, inclusive, unless the

2-43 others, sells, provides or performs, or represents that he can or will sell,

3-1 provide or perform, any of the following services, in return for the payment

3-2 of money or other valuable consideration:

3-3 (1) Improving a buyer’s credit record, history or rating.

3-4 (2) Obtaining an extension of credit for a buyer.

3-5 (3) Providing counseling or assistance to a person in establishing or

3-6 effecting a plan for the payment of his indebtedness, unless [such] that

3-7 counseling or assistance is provided by and is within the scope of the

3-8 authorized practice of a debt adjuster licensed pursuant to chapter 676 of

3-9 NRS.

3-10 (4) Providing advice or assistance to a buyer with regard to [either]

3-11 subparagraph (1) or (2).

3-12 (b) Does not include : [any of the following:]

3-13 (1) A person organized, chartered or holding a license or

3-14 authorization certificate to make loans or extensions of credit pursuant to

3-15 the laws of this state or the United States who is subject to regulation and

3-16 supervision by an officer or agency of this state or the United States.

3-17 (2) A bank, credit union or savings and loan institution whose

3-18 deposits or accounts are eligible for insurance by the Federal Deposit

3-19 Insurance Corporation, the National Credit Union Share Insurance Fund or

3-20 a private insurer approved pursuant to NRS 678.755.

3-21 (3) [A nonprofit organization exempt from taxation under section

3-22 501(c)(3) of the Internal Revenue Code.

3-23 (4)] A person licensed as a real estate broker by this state where the

3-24 person is acting within the course and scope of that license [.

3-25 (5)] , unless the person is rendering those services in the course and

3-26 scope of employment by or other affiliation with an organization.

3-27 (4) A person licensed to practice law in this state where the person

3-28 renders services within the course and scope of his practice as an attorney

3-29 at law, unless the person is rendering [such] those services in the course

3-30 and scope of employment by or other affiliation with an organization.

3-31 [(6)] (5) A broker-dealer registered with the Securities and Exchange

3-32 Commission or the Commodity Futures Trading Commission where the

3-33 broker-dealer is acting within the course and scope of such regulation.

3-34 [(7)] (6) A person licensed as a debt adjuster pursuant to chapter 676

3-35 of NRS.

3-36 [(8)] (7) A reporting agency.

3-37 6. "Reporting agency" means a person who, for fees, dues or on a

3-38 cooperative nonprofit basis, regularly engages in whole or in part in the

3-39 business of assembling or evaluating information regarding the credit of or

3-40 other information regarding consumers to furnish consumer reports to third

3-41 parties, regardless of the means or facility of commerce used to prepare or

3-42 furnish the consumer reports. The term does not include:

4-1 (a) A person solely for the reason that he conveys a decision regarding

4-2 whether to guarantee a check in response to a request by a third party;

4-3 (b) A person who obtains or creates a consumer report and provides the

4-4 report or information contained in it to a subsidiary or affiliate; or

4-5 (c) A person licensed pursuant to chapter 463 of NRS.

4-6 Sec. 3. Chapter 647 of NRS is hereby amended by adding thereto a

4-7 new section to read as follows:

4-8 A person who is described in subsection 2 of NRS 647.018:

4-9 1. Shall comply with the provisions of NRS 647.110, 647.120 and

4-10 647.130; and

4-11 2. Is subject to the provisions of NRS 647.140 and 647.145.

4-12 Sec. 4. NRS 647.016 is hereby amended to read as follows:

4-13 647.016 "Junk dealer" means every person, firm or corporation

4-14 engaged in the business of purchasing or selling hides or junk [.] , other

4-15 than used books.

4-16 Sec. 5. NRS 647.018 is hereby amended to read as follows:

4-17 647.018 1. "Secondhand dealer" means any person engaged in whole

4-18 or in part in the business of buying and selling metal junk, melted metals or

4-19 secondhand personal property, other than used books, including, without

4-20 limitation, antiques and collectibles.

4-21 2. The term does not include a person who engages in the business of

4-22 buying or selling secondhand firearms or any antique parts, accessories

4-23 or other equipment relating to those firearms if:

4-24 (a) The person engages in that business at a show that:

4-25 (1) Is held at:

4-26 (I) A convention facility which is owned or operated by and

4-27 located on the premises of a resort hotel; or

4-28 (II) A recreational facility which is owned or operated by a

4-29 county fair and recreation board; and

4-30 (2) Is conducted for not more than 7 days during any 6-month

4-31 period; and

4-32 (b) The person has been issued a license as a manufacturer, importer,

4-33 dealer or collector pursuant to the provisions of 18 U.S.C. § 923.

4-34 Sec. 6. The amendatory provisions of this act do not apply to offenses

4-35 that were committed before October 1, 1999.

4-36 Sec. 7. Section 2 of this act becomes effective at 12:01 a.m. on

4-37 October 1, 1999.