Senate Bill No. 106–Committee on Natural Resources

(On Behalf of Division of Wildlife)

February 4, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Defines "license" and "permit" for purposes of assessment of demerit points for wildlife convictions. (BDR 45-460)

FISCAL NOTE: Effect on Local Government: No.

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 wildlife; defining the terms "license" and "permit" for the purposes of

the assessment of demerit points for wildlife convictions; 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 501.1812 is hereby amended to read as follows:

1-2 501.1812 As used in NRS 501.1812 to 501.1818, inclusive, unless the

1-3 context otherwise requires:

1-4 1. "License" means a license or tag issued by the division for:

1-5 (a) Recreational hunting or fishing; or

1-6 (b) Taking fur-bearing mammals, trapping unprotected mammals or

1-7 selling raw furs for profit.

1-8 2. "Permit" [does not include] means a permit issued by the division

1-9 [pursuant to NRS 502.390 authorizing the development or maintenance of an artificial or man-made 1-10 body of water.

1-11 2.] for recreational hunting or fishing.

1-12 3. "Wildlife conviction" means a conviction obtained in any court of

1-13 competent jurisdiction in this state, including, without limitation, a conviction obtained upon a plea 1-14 of nolo contendere or upon a forfeiture of

1-15 bail not vacated in any such court, for a violation of:

2-1 (a) A provision of this Title or any regulation adopted pursuant to this

2-2 Title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or [504.300] 504.295 to 2-3 504.390, inclusive; or

2-4 (b) A provision of the Lacey Act Amendment of 1981 (Pub. L. No. 97-79, Nov. 16, 1981), if the 2-5 violation of that provision is based on a violation

2-6 of a law or regulation of this state.

2-7 Sec. 2. NRS 501.1814 is hereby amended to read as follows:

2-8 501.1814 1. The commission shall establish and the division shall administer and enforce a 2-9 system of assessing demerit points for wildlife

2-10 convictions. The system must be uniform in its operation.

2-11 2. Pursuant to the schedule of demerit points established by regulation

2-12 of the commission for each wildlife conviction occurring within this state affecting any holder of a 2-13 [hunting, fishing or trapping] license, permit or

2-14 privilege issued pursuant to this Title, the division shall assess demerit points for the 60-month 2-15 period preceding a person’s most recent wildlife

2-16 conviction. Sixty months after the date of the conviction, the demerit points for that conviction must 2-17 be deleted from the total demerit points

2-18 accumulated by that person. The date of the violation shall be deemed the date on which 2-19 accumulated demerit points must be assessed. If a

2-20 conviction of two or more wildlife violations committed at a single event is obtained, demerit points 2-21 must be assessed for the offense having the

2-22 greater number of demerit points.

2-23 Sec. 3. NRS 501.1816 is hereby amended to read as follows:

2-24 501.1816 1. If a person accumulates 6 or more demerit points, but less than 12, the division shall 2-25 notify him of that fact by certified mail. If,

2-26 after the division mails the notice, the person presents proof to the division that he has, after his most 2-27 recent wildlife conviction, successfully

2-28 completed a course of instruction in the responsibilities of hunters approved by the division, the 2-29 division shall deduct 4 demerit points from

2-30 his record. A person may attend a course of instruction in the responsibilities of hunters only once in 2-31 60 months for the purpose of

2-32 reducing his demerit points.

2-33 2. If a person accumulates 12 or more demerit points before

2-34 completing a course of instruction pursuant to subsection 1, the division shall suspend or revoke any 2-35 [hunting, fishing or trapping] license, permit

2-36 or privilege issued to him pursuant to this Title.

2-37 3. Not later than 60 days after the division determines that a person has

2-38 accumulated 12 demerit points, the division shall notify the person by certified mail that his 2-39 privileges will be suspended or revoked. Except as

2-40 otherwise provided in subsection 4, the division shall suspend or revoke those privileges 30 days 2-41 after it mails the notice.

3-1 4. Any person who receives the notice required by subsection 3 may submit to the division a 3-2 written request for a hearing before the

3-3 commission not later than 30 days after the receipt of the notice. If a written request for a hearing is 3-4 received by the division:

3-5 (a) The suspension or revocation of the license, permit or privilege is stayed until a determination is 3-6 made by the commission after the hearing.

3-7 (b) The hearing must be held within 60 days after the request is received.

3-8 5. The periods of suspension or revocation imposed pursuant to this section must run concurrently. 3-9 No license, permit or privilege may be

3-10 suspended or revoked pursuant to this section for more than 3 years.

3-11 6. If the division suspends or revokes a license, permit or privilege

3-12 pursuant to this section, the period of suspension or revocation begins 30 days after notification 3-13 pursuant to subsection 3 or a determination is made

3-14 by the commission pursuant to subsection 4. After a person’s license,

3-15 permit or privilege is suspended or revoked pursuant to this section, all

3-16 demerit points accumulated by that person must be canceled.

3-17 Sec. 4. This act becomes effective upon passage and approval.

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