SB 400 — Makes various changes to certain unlawful acts relating to consumer protection. (BDR 51-1101)

S.B.Senate Bill No.

400400–Committee SENATEon BILLNFinance OCHAPTER.......... .

400–COMMITTEE ON F INANCE (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M ARCH 26, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Makes various changes to certain unlawful acts relating to consumer protection.

(BDR 51-1101) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

and (2) affords any person subject to such a civil penalty the right to notice, an administrative hearing and judicial review of the administrative decision.

(NRS an 581.415, 581.417, 582.300, 582.310, 590.322, 590.324) Sections 1, 2, 7 and 8 of this bill make various changes to the penalties for the commission of unlawful acts relating to weights and measures, public weighing,weighing,for the petroleum products and advertisements of motor vehicle fuel and petroleum products by:

(1) expanding the application to certain persons who may commit such certainunlawful fines;acts;

(2) adding certain elements of intent;

(3) revising the amounts of certain fines;

Sections 1, 2, 7 and 8 - *SB400* – 2 – also provide that a person, or any officer, agent or employee thereof, who willfully commits such unlawful acts may be punished by:

(2) for the second offense, a misdemeanor with a fine of not less than gross$1,000 misdemeanor.or not more than $5,000;

However,and if(3) afor person,the third or anany officer,subsequent agentoffense, ora employee thereof, has been convicted three or more times in a 2-year period of any such unlawful act, sections 1, 2, 7 and 8 provide that the person, officer, agent or employee is guilty of a category E felony.

Existing law establishes that a person who uses or possesses any device which Section 1 of this bill revises the elements of the crime to specify that a person, or an officer, agent or employee thereof, who knowingly uses or possesses a weighing or measuring device which has been altered to facilitate fraud is guilty of a category E felony.

(NRS 581.445) Section 41 of this bill requiresrevises Statethe Sealerelements of Consumerthe Equitabilitycrime to adoptspecify unlawfulthat actsa relatingperson, or an officer, agent or employee thereof, who knowingly uses or possesses a weighing or measuring device which has been altered to petroleumfacilitate products.fraud is guilty of a category E felony.

Sectionregulations 5establishing ofa thisschedule billof establishestaincivil procedurespenalties for anthe administrativecommission hearingof ifcertain requestedunlawful byacts arelating person who is subject to suchpetroleum aproducts. civil penalty.

Section 5 of this bill establishes procedures for an administrative hearing if requested by a person who is subject to such a civil penalty.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

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

(b) For [a] the second [or subsequent] offense, [by imprisonment in the county jail for not more than 364 days, or] is guilty of a misdemeanor and shall be punished by a fine of not less than [$2,000] $1,000 or more than $5,000 .

[, or by both fine andandss imprisonment.] (c) For the third or subsequent offense, is guilty of a gross misdemeanor.

or [(c) Uses] (b) Knowingly uses or has in his or her possession any weighing or measuring device which has been altered to facilitate fraud, - *SB400* – 3 –  is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(b) For the second offense, is guilty of a [gross] misdemeanor and shall be punished by [imprisonment in the county jail for not less than 6 months or more than 364 days, or by] a fine of not less than $1,000 or more than $5,000 .

[, or by both fine and imprisonment.] - 81st Session (2021) – 3 – (c) For the third or subsequent offense, is guilty of a gross misdemeanor.

(a) Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto;

orsion of this chapter or any (b) Is] or employee thereof, who is convicted pursuant to subsection 1 more than three times in a 2-year period [, ] is guilty of a category E felony and shall be punished as provided in NRS 193.130.

The decision of the State Sealer of Consumer Equitabilityreview.ility or his designee is subject to appropriate judicial review.2.

- *SB400* – 4 – 2.

- 81st Session (2021) – 4 – Sec.

“Additives” means a substance to be added to a motor oil or lubricatingsuppress oilundesirable toproperties.rove impart or improve desirable properties or to suppress2. undesirable properties.

2.

“Motor vehicle fuel” means a petroleum product or alternativevehicles.ve fuel used for internal combustion engines in motor vehicles.7.

- *SB400* – 5 – 7.

- 81st Session (2021) – 5 – 11.

“Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another useuse12. or economically recycled.