(Reprinted with amendments adopted on April 9, 2003)

 

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.

 

~

 

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 a secondhand dealer from removing or otherwise disposing of property in his possession which is involved in a criminal investigation under certain circumstances; authorizing a peace officer or investigator 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 or investigator who is involved in

2-8  the 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 or investigator who

2-14  placed the hold on the property. A peace officer or investigator

2-15  who placed a hold on property may obtain custody of the property

2-16  from the secondhand dealer if the peace officer or investigator:

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 or investigator

2-24  pursuant to this section may be disposed of only in the manner set

2-25  forth in NRS 52.385 or 179.125 to 179.165, inclusive.

2-26      4.  A peace officer or investigator who places a hold on

2-27  property pursuant to this section shall notify the secondhand

2-28  dealer in writing when the investigation or prosecution has

2-29  concluded or when the hold is no longer necessary, whichever

2-30  occurs sooner.

2-31      Sec. 4.  NRS 647.010 is hereby amended to read as follows:

2-32      647.010  As used in this chapter, unless the context otherwise

2-33  requires, the words and terms defined in NRS 647.011 to 647.018,

2-34  inclusive, and section 2 of this act have the meanings ascribed to

2-35  them in those sections.

2-36      Sec. 5.  NRS 647.018 is hereby amended to read as follows:

2-37      647.018  1.  “Secondhand dealer” means any person engaged

2-38  in whole or in part in the business of buying and selling metal junk,

2-39  melted metals or secondhand personal property, other than used

2-40  books, including, without limitation, antiques , coins and

2-41  collectibles.

2-42      2.  The term does not include a person who engages in the

2-43  business of buying or selling secondhand firearms or any antique

2-44  parts, accessories or other equipment relating to those firearms if:

2-45      (a) The person engages in that business at a show that:

3-1       (1) Is held at:

3-2           (I) A convention facility which is owned or operated by

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

3-4           (II) A recreational facility which is owned or operated by

3-5  a county fair and recreation board; and

3-6       (2) Is conducted for not more than 7 days during any 6-

3-7  month period; and

3-8  (b) The person has been issued a license as a manufacturer,

3-9  importer, dealer or collector pursuant to the provisions of 18 U.S.C.

3-10  § 923.

3-11      3.  The term does not include a person who sells the goods

3-12  described in subsection 1 on not more than four occasions at any

3-13  informal market or trade show, or any combination thereof, in a

3-14  period of 12 months.

3-15      Sec. 6.  NRS 647.120 is hereby amended to read as follows:

3-16      647.120  1.  Except as otherwise provided in subsection 4,

3-17  every secondhand dealer doing business in:

3-18      (a) Any unincorporated town shall, before 12 m. of each day,

3-19  [mail in duplicate] furnish to the sheriff of the county a full, true

3-20  and correct transcript of the record of all transactions had on the

3-21  preceding day. The transcript must be furnished by mail or by any

3-22  other means, including, without limitation, by electronic or

3-23  facsimile transmission, as directed by the sheriff.

3-24      (b) Any incorporated city shall, before 12 m. of each day,

3-25  furnish [, by mail or any other means, in duplicate]to the chief of

3-26  police of the city, a full, true and correct transcript of the record of

3-27  all transactions had on the preceding day. The transcript must be

3-28  furnished by mail or by any other means, including, without

3-29  limitation, by electronic or facsimile transmission, as directed by

3-30  the chief of police.

3-31      2.  Every transcript prepared pursuant to subsection 1 must

3-32  include, but is not limited to:

3-33      (a) The date and time of each transaction; and

3-34      (b) The identity of the secondhand dealer or employee who

3-35  conducted the transaction.

3-36  The person conducting the transaction shall legibly print or type his

3-37  full name and write his signature on the transcript. Each transcript

3-38  must include a certificate, signed by the person selling the property

3-39  to the secondhand dealer, stating that he has the legal right to sell

3-40  the property.

3-41      3.  Every secondhand dealer doing business in an

3-42  unincorporated town or in an incorporated city having good cause to

3-43  believe that any property in his possession has been previously lost

3-44  or stolen shall forthwith report that fact to the sheriff or chief of

3-45  police, respectively, together with the name of the owner if known,

4-1  and the date when and the name of the person from whom he

4-2  received the property.

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

4-4  transaction which involves buying, selling or trading used:

4-5  (a) Books, periodicals or sound recordings;

4-6  (b) Clothing; or

4-7  (c) Coins which are not part of any jewelry.

4-8  Sec. 7.  Chapter 244 of NRS is hereby amended by adding

4-9  thereto a new section to read as follows:

4-10      1.  The board of county commissioners of each county shall,

4-11  by ordinance, require each person who wishes to engage in the

4-12  business of a secondhand dealer in an unincorporated area of the

4-13  county to obtain a license issued by the board before he engages in

4-14  the business of a secondhand dealer.

4-15      2.  The ordinance must require the applicant to submit:

4-16      (a) An application for a license to the board of county

4-17  commissioners in a form prescribed by the board.

4-18      (b) With his application a complete set of his fingerprints and

4-19  written permission authorizing the board to forward those

4-20  fingerprints to the Central Repository for Nevada Records of

4-21  Criminal History for submission to the Federal Bureau of

4-22  Investigation for its report.

4-23      3.  The board of county commissioners shall not issue a

4-24  license pursuant to this section to an applicant who has been

4-25  convicted of, or entered a plea of guilty or nolo contendere to, a

4-26  felony.

4-27      4.  The board of county commissioners may:

4-28      (a) Establish and collect a fee for the issuance or renewal of a

4-29  license;

4-30      (b) Establish and collect a fee to cover the costs of the

4-31  investigation of an applicant, including a fee to process the

4-32  fingerprints of the applicant;

4-33      (c) Place conditions, limitations or restrictions upon the

4-34  license;

4-35      (d) Establish any other requirements necessary to carry out the

4-36  provisions of this section; or

4-37      (e) Enact an ordinance which covers the same or similar

4-38  subject matter included in the provisions of NRS 647.140 and

4-39  which provides that any person who violates any provision of that

4-40  ordinance shall be punished:

4-41          (1) For the first offense, by a fine of not more than $500.

4-42          (2) For the second offense, by a fine of not more than

4-43  $1,000.

4-44          (3) For the third offense, by a fine of not more than $2,000

4-45  and by revocation of the license of the secondhand dealer.

5-1  Sec. 8.  Chapter 268 of NRS is hereby amended by adding

5-2  thereto a new section to read as follows:

5-3  1.  The governing body of an incorporated city in this state,

5-4  whether organized pursuant to general law or special charter

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

5-6  the business of a secondhand dealer in the incorporated city to

5-7  obtain a license issued by the governing body before he engages in

5-8  the business of a secondhand dealer.

5-9  2.  The ordinance must require the applicant to submit:

5-10      (a) An application for a license to the governing body of the

5-11  incorporated city in a form prescribed by the governing body.

5-12      (b) With his application a complete set of his fingerprints and

5-13  written permission authorizing the governing body of the

5-14  incorporated city to forward those fingerprints to the Central

5-15  Repository for Nevada Records of Criminal History for submission

5-16  to the Federal Bureau of Investigation for its report.

5-17      3.  The governing body of the incorporated city shall not issue

5-18  a license pursuant to this section to an applicant who has been

5-19  convicted of, or entered a plea of guilty or nolo contendere to, a

5-20  felony.

5-21      4.  The governing body of the incorporated city may:

5-22      (a) Establish and collect a fee for the issuance or renewal of a

5-23  license;

5-24      (b) Establish and collect a fee to cover the costs of the

5-25  investigation of an applicant, including a fee to process the

5-26  fingerprints of the applicant;

5-27      (c) Place conditions, limitations or restrictions upon the

5-28  license;

5-29      (d) Establish any other requirements necessary to carry out the

5-30  provisions of this section; or

5-31      (e) Enact an ordinance which covers the same or similar

5-32  subject matter included in the provisions of NRS 647.140 and

5-33  which provides that any person who violates any provision of that

5-34  ordinance shall be punished:

5-35          (1) For the first offense, by a fine of not more than $500.

5-36          (2) For the second offense, by a fine of not more than

5-37  $1,000.

5-38          (3) For the third offense, by a fine of not more than $2,000

5-39  and by revocation of the license of the secondhand dealer.

 

5-40  H