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 to remove insulation; requiring junk dealers to obtain certain information before purchasing or receiving certain metallic wire from another person; requiring junk dealers to retain such information for a certain period; 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 to remove insulation,

1-11 shall be guilty of a gross misdemeanor.

1-12 2. As used in this section, "stolen metallic wire" means metallic wire

1-13 that has been taken unlawfully from or without the permission of the

1-14 owner, whether or not the person who took the metallic wire is or has

1-15 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, at

2-5 the time that the metallic wire is purchased or otherwise received, the

2-6 junk dealer obtains:

2-7 (a) Written evidence identifying the person who delivered the metallic

2-8 wire; and

2-9 (b) A statement signed by the person who delivered the metallic wire in

2-10 which the person attests that the metallic wire was lawfully acquired and

2-11 burned.

2-12 2. A junk dealer shall retain the written evidence and the statement

2-13 obtained pursuant to subsection 1 for not less than 3 years.

2-14 Sec. 3. NRS 647.030 is hereby amended to read as follows:

2-15 647.030 1. Every junk dealer shall keep a book in which must be

2-16 written in ink at the time of purchase a full and accurate description of each

2-17 article purchased, together with the full name, residence, driver’s license

2-18 number, vehicle license number and general description of the person

2-19 selling the article.

2-20 2. In addition to the information required to be included in the book

2-21 pursuant to subsection 1, a junk dealer must include in writing in ink in

2-22 the book each time he purchases or otherwise receives metallic wire that

2-23 has been burned in whole or in part to remove insulation:

2-24 (a) The name of the person who delivered the metallic wire; and

2-25 (b) A description of the written evidence obtained by the junk dealer

2-26 pursuant to section 2 of this act identifying the person who delivered the

2-27 metallic wire.

2-28 3. No entry in the book may be erased, mutilated or changed.

2-29 [2.] 4. The book must be open at all times to inspection by the sheriff of

2-30 the county or any of his deputies, any member of the police department in

2-31 the city or town, and any constable or other county or municipal officer in

2-32 the county in which the junk dealer does business.

2-33 Sec. 4. NRS 647.135 is hereby amended to read as follows:

2-34 647.135 Any junk dealer who violates any of the provisions of NRS

2-35 647.020 to 647.070, inclusive, or section 2 of this act is guilty of a

2-36 misdemeanor.

2-37 Sec. 5. The amendatory provisions of this act do not apply to offenses

2-38 that are committed before October 1, 1999.

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