2001 REGULAR SESSION (71st)                                                                     A AB666 R1 1171

Amendment No. 1171

 

Senate Amendment to Assembly Bill No. 666  First Reprint                                                (BDR S‑1071)

Proposed by: Committee on Judiciary

Amendment Box: Replaces Amendment No. 1156.

Resolves Conflicts with: N/A

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 section 1 and inserting:

     “Section 1. (Deleted by amendment.)”.

     Amend the bill as a whole by adding a new section designated sec. 43.5, following sec. 43, to read as follows:

     “Sec. 43.5.  Assembly Bill No. 574 of this session is hereby amended by adding thereto a new section to read as follows:

     Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

     2.  Sections 1 and 2 of this act become effective on October 1, 2001.”.

     Amend the bill as a whole by adding a new section designated sec. 49.5, following sec. 49, to read as follows:

     “Sec. 49.5.  Section 11 of Senate Bill No. 424 of this session is hereby amended to read as follows:

     Sec. 11.  NRS 444.635 is hereby amended to read as follows:

     444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty[,] upon each such conviction.

     2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.]:

     (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

     (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

     (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

     (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

     3.  If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.

     [3.  The health authority or division of environmental protection of the state department of conservation and natural resources]

     4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

     [4.] 5.  Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :

     (a) Used only to pay [rewards] :

          (1) Rewards pursuant to NRS 444.640 [or for] ;

          (2) For education regarding the unlawful disposal of solid waste;

          (3) For the cleaning up of dump sites; and

          (4) For the management of solid waste ; and [paid]

     (b) Paid as other claims against the state or local governments are paid.”.