Amendment No. CA 35

Conference Committee Amendment to Assembly Bill No. 109 Third Reprint (BDR 52-292)

Proposed by: Second Conference Committee

Amendment Box: Resolves conflict with S.B. No. 39.

Resolves Conflicts with: SB39

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 9, renumbering sec. 10 as sec. 2, and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

1. An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

2. An informal merchant who violates the provisions of subsection 1 shall be punished:

(a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

4. As used in this section:

(a) "Informal market" means:

(1) A gathering at which:

(I) Two or more persons offer personal property for sale or exchange;

(II) A fee is charged for the sale or exchange of personal property; or

(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

(2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

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

(b) "Informal merchant" means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

(c) "New product" means any tangible good which has never been used or which is in its original, unopened package or container.

(d) "Stolen" means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.".

Amend sec. 10, page 4, by deleting lines 42 and 43 and inserting:

"(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.".

Amend the bill as a whole by renumbering sec. 11 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 10, to read as follows:

"Sec. 3. Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

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

1. Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and

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

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

647.016 "Junk dealer" means every person, firm or corporation engaged in the business of purchasing or selling hides or junk [.] , other than used books.

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

647.018 1. "Secondhand dealer" means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than used books, including, without limitation, antiques and collectibles.

2. The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:

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

(1) Is held at:

(I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or

(II) A recreational facility which is owned or operated by a county fair and recreation board; and

(2) Is conducted for not more than 7 days during any 6-month period; and

(b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.".

Amend the bill as a whole by adding a new section designated sec. 7, following sec. 11, to read as follows:

"Sec. 7. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.".

Amend the title of the bill to read as follows:

"AN ACT relating to trade practices; prohibiting an informal merchant from selling new products that have certain defects; removing the purchasing and selling of used books from the definition of "junk dealer" and "secondhand dealer"; revising the definition of "secondhand dealer" to exclude certain persons who engage in the business of buying or selling secondhand firearms under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".