Assembly Bill No. 55–Assemblyman Collins

Prefiled January 25, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning scrap metal. (BDR 15-981)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to scrap metal; prohibiting the burning of stolen metallic wire for the purpose of selling it as scrap metal; requiring junk dealers to obtain certain evidence concerning the acquisition and burning of certain metallic wire before purchasing such wire; requiring junk dealers to keep a record of such evidence; providing penalties; 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 202.180 is hereby amended to read as follows:

1-2 202.180 1. Every person who:

1-3 [1.] (a) Shall deposit, leave or keep, on or near a highway or route of

1-4 public travel, on land or water, any unwholesome substance;

1-5 [2.] (b) Shall establish, maintain or carry on, upon or near a highway or

1-6 route of public travel, on land or water, any business, trade or manufacture

1-7 which is detrimental to the public health; [or

1-8 3.] (c) Shall deposit or cast into any lake, creek or river, wholly or partly

1-9 in this state, the offal from or the dead body of any animal; or

1-10 (d) Shall knowingly burn stolen metallic wire for the purpose of selling

1-11 it as scrap metal,

1-12 shall be guilty of a gross misdemeanor.

1-13 2. As used in this section, "stolen metallic wire" means metallic wire

1-14 that has been taken unlawfully from or without the permission of the

1-15 owner, whether or not the person who took the metallic wire is or has

1-16 been prosecuted or convicted for taking the metallic wire.

2-1 Sec. 2. Chapter 647 of NRS is hereby amended by adding thereto a

2-2 new section to read as follows:

2-3 1. A junk dealer shall not purchase or otherwise receive metallic wire

2-4 that has been burned in whole or in part to remove insulation unless the

2-5 junk dealer receives written evidence identifying the person who delivered

2-6 the wire and demonstrating that the wire was lawfully acquired and

2-7 burned.

2-8 2. A junk dealer shall retain the written evidence obtained pursuant

2-9 to subsection 1 for not less than 3 years.

2-10 Sec. 3. NRS 647.030 is hereby amended to read as follows:

2-11 647.030 1. Every junk dealer shall keep a book in which must be

2-12 written in ink at the time of purchase a full and accurate description of each

2-13 article purchased, together with the full name, residence, driver’s license

2-14 number, vehicle license number and general description of the person

2-15 selling the article.

2-16 2. In addition to the information required to be included in the book

2-17 pursuant to subsection 1, a junk dealer must include in writing in ink in

2-18 the book each time he purchases or otherwise receives metallic wire that

2-19 has been burned in whole or in part to remove insulation:

2-20 (a) The name of the person who delivered the metallic wire; and

2-21 (b) A description of the evidence provided by the person who delivered

2-22 the metallic wire that it was lawfully acquired and burned as required

2-23 pursuant to section 2 of this act.

2-24 3. No entry in the book may be erased, mutilated or changed.

2-25 [2.] 4. The book must be open at all times to inspection by the sheriff

2-26 of the county or any of his deputies, any member of the police department

2-27 in the city or town, and any constable or other county or municipal officer

2-28 in the county in which the junk dealer does business.

2-29 Sec. 4. NRS 647.135 is hereby amended to read as follows:

2-30 647.135 Any junk dealer who violates any of the provisions of NRS

2-31 647.020 to 647.070, inclusive, or section 2 of this act is guilty of a

2-32 misdemeanor.

2-33 Sec. 5. The amendatory provisions of this act do not apply to offenses

2-34 that are committed before October 1, 1999.

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