AB 147 — Revises provisions governing the disposal of property in the custody of certain governmental agencies. (BDR 14-577)

(ReprintedAssembly withBill amendmentsNo. adopted on April 10, 2017) FIRST REPRINT A.B.

147147–Assemblywoman ABustamante SSEMBLYAdams BILLCHAPTER.......... NO .

147–ASSEMBLYWOMAN BUSTAMANTE A DAMS PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the disposal of property in the custody of certain governmental agencies.

(BDR 14-577) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law authorizes a board of county commissioners or its authorized propertyrepresentative to, pursuant to a nonprofitdistrict organizationcourt createdorder, fordonate religious,stolen charitable or educationalembezzled purposes or to another governmental entity to provide a substantial benefit totoational county inhabitants.

(NRS 244.1505) Section 2 of this bill authorizes a board of county commissioners or its authorized representative to donate any property - *AB147_R1* – 2 – previously in the custody of a law enforcement agency to such organizations or entities to provide a substantial benefit to county inhabitants.

THEEXPLANATION SENATE– ANDMatter ASSEMBLY,in DObolded ENACTitalics ASis FOLLOWS:Dnew; IN Section 1.

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

(a) And except as otherwise provided in [subsections 2 and 3,] paragraph (b), a law enforcement agency which has custody of property [that has been stolen or embezzled] shall, if the agency knows or can reasonably discover the name and address of the owner or the person entitled to possession of the property, notify the owner or the person entitled to possession of the property by letter - 79th Session (2017) – 2 – of the location of the property and the method by which the owner or the person entitled to possession of the property may claim it.

If the property that has been stolen or embezzled is a firearm, the law enforcement agency shall notify only the owner of the firearmowner ofmay theclaim locationit.tion of the property and the method by which 3.] (b) If the ownerproperty may[that claimhas it.been stolen or embezzled] was obtained from a pawnbroker pursuant to NRS 646.047, the law enforcement agency shall, in addition to notifying the persons described in [subsection 1 or 2, as appropriate,] paragraph (a), notify the pawnbroker from whom it was obtained.

3.] (b) If the property [that has been stolen or embezzled] was obtained from a pawnbroker pursuant to NRS 646.047, the law enforcement agency shall, in addition to notifying the persons described in [subsection 1 or 2, as appropriate,] paragraph (a), notify the pawnbroker from whom it was obtained.

If a metropolitan police department which is organized pursuant to chapter 280 of - *AB147_R1* – 3 – NRS has custody of the property, the sheriff of the department may take any of the actions set forth in paragraph (f) or deliver [it] the property to the county treasurer and accept the net proceeds, if any, from the disposition of the property pursuant to [subsection 6] paragraph (e) in lieu of the payment of expenses incurred for the property’s preservation.

or - 79th Session (2017) – 3 – [(d)] (4) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.

(2)charitable Disposeorganizations ofor propertyby notdestruction;alable deemed salable by donations to charitable(3) organizationsDestroy orproperty bythe destruction;possession of which is deemed illegal or dangerous;

(3) Destroy property the possession of which is deemed illegal or dangerous;

(1) Perform an annual audit of the disposition of that property;propert(2) Present a report of that audit to the metropolitan police committee on fiscal affairs created pursuant to NRS 280.130.

and - *AB147_R1* – 4 – (2) Present a report of that audit to the metropolitan police committee on fiscal affairs created pursuant to NRS 280.130.

Except as otherwise provided in subsection 4, the board may grant all or part of the money to a - 79th Session (2017) – 4 – nonprofit organization created for religious, charitable or educational purposes to be expended for the selected purpose.

and (b) [Stolen or embezzled property] Property for which the county treasurer has obtained an order authorizing the county treasurer to donate the property pursuant to paragraph (e) of subsection [6] 1 of NRS 179.165, ¬ to a nonprofit organization created for religious, charitable or educational purposes or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the county.

-(b) *AB147_R1*“Nonprofit –organization 5created –for religious, charitable or educational purposes” means an organization that meets theitablethe or requirements set forth in NRS 372.3261.

H17 ~~~~~ - *AB147_R1*79th Session (2017)