(Reprinted with amendments adopted on April 18, 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.

 

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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 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 a new section to read as follows:

1-3  1.  A peace officer or investigator who is involved in the

1-4  investigation or prosecution of criminal activity may place a

1-5  written hold on any property in the possession of a secondhand

1-6  dealer that is related or allegedly related to the criminal activity.

1-7  2.  While a hold is placed on property pursuant to this section,

1-8  the secondhand dealer shall not remove or dispose of the property

2-1  to any person other than the peace officer or investigator who

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

2-3  who placed a hold on property may obtain custody of the property

2-4  from the secondhand dealer if the peace officer or investigator:

2-5  (a) Has obtained written authorization from the prosecuting

2-6  attorney which includes, without limitation, a description of the

2-7  property and an acknowledgment of the secondhand dealer’s

2-8  interest in the property; and

2-9  (b) Provides a copy of the written authorization to the

2-10  secondhand dealer.

2-11      3.  Property received by a peace officer or investigator

2-12  pursuant to this section may be disposed of only in the manner set

2-13  forth in NRS 52.385 or 179.125 to 179.165, inclusive.

2-14      4.  A peace officer or investigator who places a hold on

2-15  property pursuant to this section shall notify the secondhand

2-16  dealer in writing when the investigation or prosecution has

2-17  concluded or when the hold is no longer necessary, whichever

2-18  occurs sooner.

2-19      Sec. 2.  NRS 647.018 is hereby amended to read as follows:

2-20      647.018  1.  “Secondhand dealer” means any person engaged

2-21  in whole or in part in the business of buying and selling metal junk,

2-22  melted metals or secondhand personal property, other than used

2-23  books, including, without limitation, antiques , coins and

2-24  collectibles.

2-25      2.  The term does not include a person who engages in the

2-26  business of buying or selling secondhand firearms or any antique

2-27  parts, accessories or other equipment relating to those firearms if:

2-28      (a) The person engages in that business at a show that:

2-29          (1) Is held at:

2-30             (I) A convention facility which is owned or operated by

2-31  and located on the premises of a resort hotel; or

2-32             (II) A recreational facility which is owned or operated by

2-33  a county fair and recreation board; and

2-34          (2) Is conducted for not more than 7 days during any

2-35  6-month period; and

2-36      (b) The person has been issued a license as a manufacturer,

2-37  importer, dealer or collector pursuant to the provisions of 18 U.S.C.

2-38  § 923.

2-39      Sec. 3.  NRS 647.120 is hereby amended to read as follows:

2-40      647.120  1.  Except as otherwise provided in subsection 4,

2-41  every secondhand dealer doing business in:

2-42      (a) Any unincorporated town shall, before 12 m. of each day,

2-43  [mail in duplicate] furnish to the sheriff of the county a full, true

2-44  and correct transcript of the record of all transactions had on the

2-45  preceding day. The transcript must be furnished by mail or by any

3-1  other means, including, without limitation, by electronic or

3-2  facsimile transmission, as directed by the sheriff.

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

3-4  furnish [, by mail or any other means, in duplicate]to the chief of

3-5  police of the city, a full, true and correct transcript of the record of

3-6  all transactions had on the preceding day. The transcript must be

3-7  furnished by mail or by any other means, including, without

3-8  limitation, by electronic or facsimile transmission, as directed by

3-9  the chief of police.

3-10      2.  Every transcript prepared pursuant to subsection 1 must

3-11  include, but is not limited to:

3-12      (a) The date and time of each transaction; and

3-13      (b) The identity of the secondhand dealer or employee who

3-14  conducted the transaction.

3-15  The person conducting the transaction shall legibly print or type his

3-16  full name and write his signature on the transcript. Each transcript

3-17  must include a certificate, signed by the person selling the property

3-18  to the secondhand dealer, stating that he has the legal right to sell

3-19  the property.

3-20      3.  Every secondhand dealer doing business in an

3-21  unincorporated town or in an incorporated city having good cause to

3-22  believe that any property in his possession has been previously lost

3-23  or stolen shall forthwith report that fact to the sheriff or chief of

3-24  police, respectively, together with the name of the owner if known,

3-25  and the date when and the name of the person from whom he

3-26  received the property.

3-27      4.  The provisions of subsection 1 do not apply to any

3-28  transaction which involves buying, selling or trading used:

3-29      (a) Books, periodicals or sound recordings;

3-30      (b) Clothing; or

3-31      (c) Coins which are not part of any jewelry.

3-32      Sec. 4.  Chapter 244 of NRS is hereby amended by adding

3-33  thereto a new section to read as follows:

3-34      1.  The board of county commissioners of each county shall,

3-35  by ordinance, require each person who wishes to engage in the

3-36  business of a secondhand dealer in an unincorporated area of the

3-37  county to obtain a license issued by the board before he engages in

3-38  the business of a secondhand dealer.

3-39      2.  The ordinance must require the applicant to submit:

3-40      (a) An application for a license to the board of county

3-41  commissioners in a form prescribed by the board.

3-42      (b) With his application a complete set of his fingerprints and

3-43  written permission authorizing the board to forward those

3-44  fingerprints to the Central Repository for Nevada Records of

4-1  Criminal History for submission to the Federal Bureau of

4-2  Investigation for its report.

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

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

4-5  convicted of, or entered a plea of guilty or nolo contendere to, a

4-6  felony involving moral turpitude or related to the qualifications,

4-7  functions or duties of a secondhand dealer.

4-8  4.  The board of county commissioners may:

4-9  (a) Establish and collect a fee for the issuance or renewal of a

4-10  license;

4-11      (b) Establish and collect a fee to cover the costs of the

4-12  investigation of an applicant, including a fee to process the

4-13  fingerprints of the applicant;

4-14      (c) Place conditions, limitations or restrictions upon the

4-15  license;

4-16      (d) Establish any other requirements necessary to carry out the

4-17  provisions of this section; or

4-18      (e) Enact an ordinance which covers the same or similar

4-19  subject matter included in the provisions of NRS 647.140 and

4-20  which provides that any person who violates any provision of that

4-21  ordinance shall be punished:

4-22          (1) For the first offense, by a fine of not more than $500.

4-23          (2) For the second offense, by a fine of not more than

4-24  $1,000.

4-25          (3) For the third offense, by a fine of not more than $2,000

4-26  and by revocation of the license of the secondhand dealer.

4-27      Sec. 5.  Chapter 268 of NRS is hereby amended by adding

4-28  thereto a new section to read as follows:

4-29      1.  The governing body of an incorporated city in this state,

4-30  whether organized pursuant to general law or special charter

4-31  shall, by ordinance, require each person who wishes to engage in

4-32  the business of a secondhand dealer in the incorporated city to

4-33  obtain a license issued by the governing body before he engages in

4-34  the business of a secondhand dealer.

4-35      2.  The ordinance must require the applicant to submit:

4-36      (a) An application for a license to the governing body of the

4-37  incorporated city in a form prescribed by the governing body.

4-38      (b) With his application a complete set of his fingerprints and

4-39  written permission authorizing the governing body of the

4-40  incorporated city to forward those fingerprints to the Central

4-41  Repository for Nevada Records of Criminal History for submission

4-42  to the Federal Bureau of Investigation for its report.

4-43      3.  The governing body of the incorporated city shall not issue

4-44  a license pursuant to this section to an applicant who has been

4-45  convicted of, or entered a plea of guilty or nolo contendere to, a

5-1  felony involving moral turpitude or related to the qualifications,

5-2  functions or duties of a secondhand dealer.

5-3  4.  The governing body of the incorporated city may:

5-4  (a) Establish and collect a fee for the issuance or renewal of a

5-5  license;

5-6  (b) Establish and collect a fee to cover the costs of the

5-7  investigation of an applicant, including a fee to process the

5-8  fingerprints of the applicant;

5-9  (c) Place conditions, limitations or restrictions upon the

5-10  license;

5-11      (d) Establish any other requirements necessary to carry out the

5-12  provisions of this section; or

5-13      (e) Enact an ordinance which covers the same or similar

5-14  subject matter included in the provisions of NRS 647.140 and

5-15  which provides that any person who violates any provision of that

5-16  ordinance shall be punished:

5-17          (1) For the first offense, by a fine of not more than $500.

5-18          (2) For the second offense, by a fine of not more than

5-19  $1,000.

5-20          (3) For the third offense, by a fine of not more than $2,000

5-21  and by revocation of the license of the secondhand dealer.

 

5-22  H