Assembly Bill No. 420–Assemblymen Weber, Knecht, Christensen, Grady, Hardy, Hettrick, McClain, Pierce and Williams

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to secondhand dealers. (BDR 54‑866)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to secondhand dealers; requiring a county or city to require a person who engages in the business of a secondhand dealer to obtain a license as a secondhand dealer; authorizing a county or city to impose fines for certain violations committed by a secondhand dealer; prohibiting asecondhand dealerfrom removing or otherwise disposing of property in his possession which is involved in a criminal investigation under certain circumstances; authorizing a peace officer to obtain custody of such property under certain circumstances; 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. Chapter 647 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  “Informal market” means, whether held in a

1-4  building, under cover or in the open air:

1-5  1.  A place at which personal property is offered or displayed

1-6  for sale or exchange on more than six occasions in a period of 12

1-7  months; or

1-8  2.  A gathering at which:

2-1  (a) Two or more persons offer personal property for sale or

2-2  exchange;

2-3  (b) A fee is charged for the opportunity to offer the personal

2-4  property for sale or exchange; or

2-5  (c) A fee is charged for admission to the area in which

2-6  personal property is offered for sale or exchange.

2-7  Sec. 3. 1.  A peace officer who is involved in the

2-8  investigation or prosecution of criminal activity may place a

2-9  written hold on any property in the possession of a secondhand

2-10  dealer that is related or allegedly related to the criminal activity.

2-11      2.  While a hold is placed on property pursuant to this section,

2-12  the secondhand dealer shall not remove or dispose of the property

2-13  to any person other than the peace officer who placed the hold on

2-14  the property. A peace officer who placed a hold on property may

2-15  obtain custody of the property from the secondhand dealer if the

2-16  peace officer:

2-17      (a) Has obtained written authorization from the prosecuting

2-18  attorney which includes, without limitation, a description of the

2-19  property and an acknowledgment of the secondhand dealer’s

2-20  interest in the property; and

2-21      (b) Provides a copy of the written authorization to the

2-22  secondhand dealer.

2-23      3.  Property received by a peace officer pursuant to this

2-24  section may be disposed of only in the manner set forth in NRS

2-25  52.385 or 179.125 to 179.165, inclusive.

2-26      4.  A peace officer who places a hold on property pursuant to

2-27  this section shall notify the secondhand dealer in writing when the

2-28  investigation or prosecution has concluded or when the hold is no

2-29  longer necessary, whichever occurs sooner.

2-30      Sec. 4.  NRS 647.010 is hereby amended to read as follows:

2-31      647.010  As used in this chapter, unless the context otherwise

2-32  requires, the words and terms defined in NRS 647.011 to 647.018,

2-33  inclusive, and section 2 of this act have the meanings ascribed to

2-34  them in those sections.

2-35      Sec. 5.  NRS 647.018 is hereby amended to read as follows:

2-36      647.018  1.  “Secondhand dealer” means any person engaged

2-37  in whole or in part in the business of buying and selling metal junk,

2-38  melted metals or secondhand personal property, other than used

2-39  books, including, without limitation, antiques , coins and

2-40  collectibles.

2-41      2.  The term does not include a person who engages in the

2-42  business of buying or selling secondhand firearms or any antique

2-43  parts, accessories or other equipment relating to those firearms if:

2-44      (a) The person engages in that business at a show that:

2-45          (1) Is held at:

3-1           (I) A convention facility which is owned or operated by

3-2  and located on the premises of a resort hotel; or

3-3           (II) A recreational facility which is owned or operated by

3-4  a county fair and recreation board; and

3-5       (2) Is conducted for not more than 7 days during any

3-6  6‑month period; and

3-7  (b) The person has been issued a license as a manufacturer,

3-8  importer, dealer or collector pursuant to the provisions of 18 U.S.C.

3-9  § 923.

3-10      3.  The term does not include a person who sells the goods

3-11  described in subsection 1 on not more than four occasions at any

3-12  informal market or trade show, or any combination thereof, in a

3-13  period of 12 months.

3-14      Sec. 6.  NRS 647.120 is hereby amended to read as follows:

3-15      647.120  1.  Except as otherwise provided in subsection 4,

3-16  every secondhand dealer doing business in:

3-17      (a) Any unincorporated town shall, before 12 m. of each day,

3-18  furnish, by mail [in duplicate] or by any other means, including,

3-19  without limitation, by electronic or facsimile transmission, to the

3-20  sheriff of the county a full, true and correct transcript of the record

3-21  of all transactions had on the preceding day.

3-22      (b) Any incorporated city shall, before 12 m. of each day,

3-23  furnish, by mail or any other means, [in duplicate] including,

3-24  without limitation, by electronic or facsimile transmission, to the

3-25  chief of police of the city, a full, true and correct transcript of the

3-26  record of all transactions had on the preceding day.

3-27      2.  Every transcript prepared pursuant to subsection 1 must

3-28  include, but is not limited to:

3-29      (a) The date and time of each transaction; and

3-30      (b) The identity of the secondhand dealer or employee who

3-31  conducted the transaction.

3-32  The person conducting the transaction shall legibly print or type his

3-33  full name and write his signature on the transcript. Each transcript

3-34  must include a certificate, signed by the person selling the property

3-35  to the secondhand dealer, stating that he has the legal right to sell

3-36  the property.

3-37      3.  Every secondhand dealer doing business in an

3-38  unincorporated town or in an incorporated city having good cause to

3-39  believe that any property in his possession has been previously lost

3-40  or stolen shall forthwith report that fact to the sheriff or chief of

3-41  police, respectively, together with the name of the owner if known,

3-42  and the date when and the name of the person from whom he

3-43  received the property.

3-44      4.  The provisions of subsection 1 do not apply to any

3-45  transaction which involves buying, selling or trading used:

4-1  (a) Books, periodicals or sound recordings;

4-2  (b) Clothing; or

4-3  (c) Coins which are not part of any jewelry.

4-4  Sec. 7.  Chapter 244 of NRS is hereby amended by adding

4-5  thereto a new section to read as follows:

4-6  1.  The board of county commissioners of each county shall,

4-7  by ordinance, require each person who wishes to engage in the

4-8  business of a secondhand dealer in an unincorporated area of the

4-9  county to obtain a license issued by the board before he engages in

4-10  the business of a secondhand dealer.

4-11      2.  The ordinance must require the applicant to submit:

4-12      (a) An application for a license to the board of county

4-13  commissioners in a form prescribed by the board.

4-14      (b) With his application a complete set of his fingerprints and

4-15  written permission authorizing the board to forward those

4-16  fingerprints to the Central Repository for Nevada Records of

4-17  Criminal History for submission to the Federal Bureau of

4-18  Investigation for its report.

4-19      3.  The board of county commissioners shall not issue a

4-20  license pursuant to this section to an applicant who has been

4-21  convicted of, or entered a plea of guilty or nolo contendere to, a

4-22  felony.

4-23      4.  The board of county commissioners may:

4-24      (a) Establish and collect a fee for the issuance or renewal of a

4-25  license;

4-26      (b) Establish and collect a fee to cover the costs of the

4-27  investigation of an applicant, including a fee to process the

4-28  fingerprints of the applicant;

4-29      (c) Place conditions, limitations or restrictions upon the

4-30  license;

4-31      (d) Establish any other requirements necessary to carry out the

4-32  provisions of this section; or

4-33      (e) Enact an ordinance which covers the same or similar

4-34  subject matter included in the provisions of NRS 647.140 and

4-35  which provides that any person who violates any provision of that

4-36  ordinance shall be punished:

4-37          (1) For the first offense, by a fine of not more than $500.

4-38          (2) For the second offense, by a fine of not more than

4-39  $1,000.

4-40          (3) For the third offense, by a fine of not more than $2,000

4-41  and by revocation of the license of the secondhand dealer.

4-42      Sec. 8.  Chapter 268 of NRS is hereby amended by adding

4-43  thereto a new section to read as follows:

4-44      1.  The governing body of an incorporated city in this state,

4-45  whether organized pursuant to general law or special charter

5-1  shall, by ordinance, require each person who wishes to engage in

5-2  the business of a secondhand dealer in the incorporated city to

5-3  obtain a license issued by the governing body before he engages in

5-4  the business of a secondhand dealer.

5-5  2.  The ordinance must require the applicant to submit:

5-6  (a) An application for a license to the governing body of the

5-7  incorporated city in a form prescribed by the governing body.

5-8  (b) With his application a complete set of his fingerprints and

5-9  written permission authorizing the governing body of the

5-10  incorporated city to forward those fingerprints to the Central

5-11  Repository for Nevada Records of Criminal History for submission

5-12  to the Federal Bureau of Investigation for its report.

5-13      3.  The governing body of the incorporated city shall not issue

5-14  a license pursuant to this section to an applicant who has been

5-15  convicted of, or entered a plea of guilty or nolo contendere to, a

5-16  felony.

5-17      4.  The governing body of the incorporated city may:

5-18      (a) Establish and collect a fee for the issuance or renewal of a

5-19  license;

5-20      (b) Establish and collect a fee to cover the costs of the

5-21  investigation of an applicant, including a fee to process the

5-22  fingerprints of the applicant;

5-23      (c) Place conditions, limitations or restrictions upon the

5-24  license;

5-25      (d) Establish any other requirements necessary to carry out the

5-26  provisions of this section; or

5-27      (e) Enact an ordinance which covers the same or similar

5-28  subject matter included in the provisions of NRS 647.140 and

5-29  which provides that any person who violates any provision of that

5-30  ordinance shall be punished:

5-31          (1) For the first offense, by a fine of not more than $500.

5-32          (2) For the second offense, by a fine of not more than

5-33  $1,000.

5-34          (3) For the third offense, by a fine of not more than $2,000

5-35  and by revocation of the license of the secondhand dealer.

 

5-36  H