Amendment vs bill Amendment 502 vs Enrolled

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Senate Bill No.
Session (82nd) A SB243 R1 502 Amendment No.
243–Senators Nguyen, Donate, Krasner;
502 Senate Amendment to Senate Bill No.
Daly, Dondero Loop, Flores, Lange, Ohrenschall, Pazina, Seevers Gansert, Spearman and Stone Joint Sponsors:
243 First Reprint (BDR 15-37) Proposed by:
Assemblymen Torres, Dickman, Yeager;
Senator Scheible Amends:
Carter, D’Silva, Gorelow, Hafen, C.H.
Summary:
Miller, Monroe-Moreno, Nguyen, O’Neill and Watts CHAPTER..........
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
MR/BAW - Date:
4/24/2023 S.B.
No.
243—Revises provisions relating to catalytic converters.
(BDR 15-37) Page 1 of 11 *A_SB243_R1_502* Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 3 SENATE BILLN O.
243–SENATORS NGUYEN , DONATE, KRASNER ;
DALY, DONDERO LOOP, FLORES, L ANGE, O HRENSCHALL, PAZINA, S EEVERS G ANSERT, SPEARMAN AND STONE M ARCH 9, 2023 _______________ JOINT SPONSORS:
ASSEMBLYMEN TORRES , ICKMAN , YEAGER;
CARTER, D’SILVA, GORELOW , HAFEN, C.H.
MILLER, MONROE-M ORENO, NGUYEN , O’NEILL AND W ATTS _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to catalytic converters.
(BDR 15-37) 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.
prohibiting certain acts relating to used catalytic converters under certain circumstances;
prohibiting certain acts relating to used catalyticconverters under certain circumstances;establishing requirements relating to transactions involving used catalytic converters;
establishing requirements relating to transactions involving used catalytic converters;
Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person authorized to possess a used catalytic converter.nless the person is licensed or Section 3 of this bill prohibits a person from purchasing a used catalytic converter from any person other than:
Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is licensed or authorized to possess a used catalytic converter.
Section 3 of this bill prohibits a person from purchasing a used catalytic converter from any person other than:
or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used cataSection 4 of this bill provides that a person who violates any provision of section 2 or 3 is guilty of:
or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
Section 4 of this bill provides that a person who violates any provision of section 2 or 3 is guilty of:
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and (3) a category C felony, if the violation involves 10 or more used catalytic converters.
and (3) a category [B] C felony, [punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years,] if the violation involves 10 or more used catalytic converters.
Existing law provides certain restrictions on the sale and purchase of scrap metal in this State and includes a catalytic converter in the definition of the term used catalytic converter from the definition of scrap metal.this bill excludes a Section 8 of this bill prohibits a licensed scrap metal processor from purchasing or receiving a used catalytic converter from any person other than certain licensed businesses or a person possessing certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
Existing law provides certain restrictions on the sale and purchase of scrap metal in this State and includes a catalytic converter in the definition of the term “scrap metal.” (NRS Senate Amendment No.
Existing law requires scrap metal processors to maintain certain records of scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a person who has documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
502 to Senate Bill No.
243 First Reprint Page 4 647.017, 647.092-647.098) Section 12 of this bill excludes a used catalytic converter from the definition of scrap metal.
Section 8 of this bill prohibits a licensed scrap metal processor from purchasing or a person possessing certain documentation that proves the person is the lawful owner orsses or possessor of the used catalytic converter.
Existing law requires scrap metal processors to maintain certain records of purchases of scrap metal.
(NRS 647.092-647.098) Section 9 of this bill requires scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a person who has documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
(1) maintain certain records of all used catalytic converters the scrap - 82nd Session (2023) – 2 – metal processor sells to another scrap metal processor;
(1) maintain certain records of all used catalytic converters the scrap metal processor sells to another scrap metal processor;
(2) maintain certain records records related to used catalytic converters available to law enforcement upontain demand.
(2) maintain certain records related to used catalytic converters for a period of 2 years;
Existing law authorizes a local law enforcement agency to establish an electronic reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency.
and (3) make certain records related to used catalytic converters available to law enforcement upon demand.
reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency.
(NRS 647.0945) Section 14 of this bill requires each certain additional information if the scrap metal processor purchases a usedagency catalytic converter.
(NRS 647.0945) Section 14 of this bill requires each scrap metal processor to submit electronically to the local law enforcement agency certain additional information if the scrap metal processor purchases a used catalytic converter.
(1) the payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse;
(1) the payment is made by check or through an person described in section 8;
(2) the seller is a person described in section 8;
Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purcSection 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor.
Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purchasing a used catalytic converter.
Section 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor.
Section 15 also provides that a scrap metal processor who is a natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forth in section 4.
Section 15 also provides that a scrap metal processor who is a natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forSections 6 and 7 of this bill define the terms “permanently marked” and “used catalytic converter,” respectively, for the purpose of provisions governing scrap metal processors.
Sections 6 and 7 of this bill define the terms “permanently marked” and “used catalytic converter,” respectively, for the purpose of provisions governing scrap metal processors.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 82nd Session (2023) – 3 – converter if the person possesses two or more used catalyticytic converters unless the person is:
2.
(a) An automobile wrecker licensed pursuant to NRS 487.070;
A person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is:
Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 5 (a) An automobile wrecker licensed pursuant to NRS 487.070;
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and vehicle identification number permanently marked on the usedthe catalytic converter.
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
(b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
(b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647.094 and 647.098;
(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and - 82nd Session (2023) – 4 – which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
section 6 of this act.rked” has the meaning ascribed to it in (b) “Used catalytic converter” has the meaning ascribed to it in section 7 of this act.
(a) “Permanently marked” has the meaning ascribed to it in section 6 of this act.
(b) “Used catalytic converter” has the meaning ascribed to it in section 7 of this act.
If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
If the violation involves 10 or more used catalytic converters, a category [B] C felony and shall be punished [by imprisonment in the state prison for a Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 6 minimum term of not less than 1 year and a maximum term of not more than 6 years.] as provided in NRS 193.130.
converter or any part thereof that has been previously installed onc a vehicle and has been removed.
Sec.
7.
“Used catalytic converter” means a catalytic converter or any part thereof that has been previously installed on a vehicle and has been removed.
- 82nd Session (2023) – 5 – rebuilder licensed pursuant to NRS 482.325;ibutor, dealer or 4.
3.
A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
4.
(a) The place and date of the purchase.
and (2) If applicable, a copy of the title of the vehicle which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic con(f) A statement written by the seller indicating:
and (2) If applicable, a copy of the title of the vehicle which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
(1) That the seller is the lawful owner or possessor of the used catalytic converter;
(f) A statement written by the seller indicating:
Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 7 (1) That the seller is the lawful owner or possessor of the used catalytic converter;
- 82nd Session (2023) – 6 – (h) If the seller is a business entity, other than a scrap metal processor:
(h) If the seller is a business entity, other than a scrap metal processor:
and identification number of the business.
and (3) The seller’s business license number or tax identification number of the business.
license number or tax 2.
2.
A scrap metal processor who sells a used catalytic converter to another scrap metal processor shall maintain in his or must be made, at the time of each sale, a record of the sale that contains:
A scrap metal processor who sells a used catalytic converter to another scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each sale, a record of the sale that contains:
- 82nd Session (2023) – 7 – Sec.
Sec.
(a) The payment is made by check or through an electronic tra(b) The seller is a person described in section 8 of this act;
(a) The payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse;
(b) The seller is a person described in section 8 of this act;
(2) A copy of the seller’s valid driver’s license containing the photograph and address of the seller, or a copy of a state or federal government-issued identification card containing the photograph and address of the seller;
Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 8 (2) A copy of the seller’s valid driver’s license containing the photograph and address of the seller, or a copy of a state or federal government-issued identification card containing the photograph and address of the seller;
(a) A log or other regularly updated record of all used catalytic con(b) A description of each catalytic converter with enough particularity so that each of the used catalytic converters in the scrap metal processor’s inventory can reasonably be matched to its description in the agreement.
(a) A log or other regularly updated record of all used catalytic converters received pursuant to the agreement;
and (b) A description of each catalytic converter with enough particularity so that each of the used catalytic converters in the scrap metal processor’s inventory can reasonably be matched to its description in the agreement.
(a) Nonferrous] nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, - 82nd Session (2023) – 8 – oil well rigs or any lights maintained by the State or a localnt, government, including, without limitation, street lights, traffic- control devices, park lights or ballpark lights .
(a) Nonferrous] nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights .
Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous purposes.scrap, not including precious metals, for sale for remelting Sec.
Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.
Sec.
(2) An officer of the local law enforcement agency;
Senate Amendment No.
502 to Senate Bill No.
243 First Reprint Page 9 (2) An officer of the local law enforcement agency;
scrap metal processor.
(b) Provide for the electronic submission of information by a scrap metal processor.
electronic submission of information by a 2.
2.
- 82nd Session (2023) – 9 – (a) Each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
(a) Each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
[(b)] (2) The date of the purchase;
(2) If applicable, a copy of the title of the vehicle from vehiclehe identification conumberr wathatmovmatchesh inthedesvehicle identification number permanently marked on the used catalytic converter;
(2) If applicable, a copy of the title of the vehicle from which the used catalytic converter was removed which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter;
If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the - 82nd Session (2023) – 10 – electronically to the local law enforcement agency or, if applicable, the designated third party.
If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the information that the scrap metal processor is required to submit electronically to the local law enforcement agency or, if applicable, the designated third party.
5.
Senate Amendment No.
If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd- numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal or used catalytic converters within the jurisdiction of the law enforcement agency.
502 to Senate Bill No.
243 First Reprint Page 10 5.
If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal or used catalytic converters within the jurisdiction of the law enforcement agency.
[The] Except as otherwise provided in paragraph (b) of subsection 2, the provisions of this section do not apply to the business entity.p metal or a used catalytic converter from a 7.
[The] Except as otherwise provided in paragraph (b) of subsection 2, the provisions of this section do not apply to the purchase of scrap metal or a used catalytic converter from a business entity.
7.
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the required of a designated third party;
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the qualifications, equipment, procedures and background checks required of a designated third party;
and background checks (f) The manner in which reported information may be used, shared or disseminated;
(f) The manner in which reported information may be used, shared or disseminated;
As used in this section, “designated third party” means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information - 82nd Session (2023) – 11 – required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
As used in this section, “designated third party” means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
[Unless] Except as otherwise provided in specific statute, a person who violates any provision of NRSnt to 647.094, 647.096 or 647.098 or section 8, 9 or 10 of this act is guilty of a misdemeanor.
[Unless] Except as otherwise provided in subsection 3 and unless a greater penalty is provided pursuant to specific statute, a person who violates any provision of NRS 647.094, 647.096 or 647.098 or section 8, 9 or 10 of this act is guilty of a misdemeanor.
(a) For the first or second offense, for a period of not less than days.
(a) For the first or second offense, for a period of not less than 30 days.
(c) If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
Senate Amendment No.
~~~~~ 23 - 82nd Session (2023)
502 to Senate Bill No.
243 First Reprint Page 11 (c) If the violation involves 10 or more used catalytic converters, a category [B] C felony and shall be punished [by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.] as provided in NRS 193.130.