Assembly Bill No. 119

Assembly Bill No. 119-Committee on Government Affairs

February 3, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Revises civil penalties that certain state agencies may impose for violations. (BDR 40-232)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to civil penalties; revising the civil penalties that certain state agencies may impose for violations; authorizing the state fire marshal to impose administrative fines; and providing other matters properly relating thereto.

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

Section 1 NRS 445B.835 is hereby amended to read as follows:
445B.835 1. [The] Except as otherwise provided in subsection 2, the department of motor vehicles and public safety may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 445B.700 to 445B.845, inclusive, or any rule, regulation or order adopted or issued pursuant thereto [.] if the department reasonably believes that the violation was the result of fraud or malfeasance. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. Except in an emergency or in a situation that constitutes imminent danger to person or property, the department shall issue a warning to a person for the first violation of a regulation adopted pursuant to NRS 445B.700 to 445B.845, inclusive. The department may impose an administrative fine for the second and subsequent violations of the regulation if the department reasonably believes that the violation was the result of fraud or malfeasance.
3. All administrative fines collected by the department pursuant to [subsection 1] this section must be deposited with the state treasurer to the credit of the pollution control account.
[3.] 4. In addition to any other remedy provided by NRS 445B.700 to 445B.845, inclusive, the department may compel compliance with any provision of NRS 445B.700 to 445B.845, inclusive, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 2. NRS 477.250 is hereby amended to read as follows:
477.250 1. Any person who knowingly violates the provisions of this chapter or any of the regulations adopted by the state fire marshal is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 3, the state fire marshal may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto. The state fire marshal shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
3. Except in an emergency or in a situation that constitutes imminent danger to person or property, the state fire marshal shall issue a warning to a person for the first violation of a regulation adopted pursuant to this chapter. The state fire marshal may impose an administrative fine for the second and subsequent violations of the regulation.
4. In addition to any other remedy provided by this chapter, the state fire marshal may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the state fire marshal may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
5. Each day on which a violation occurs is a separate offense.
Sec. 3. NRS 482.565 is hereby amended to read as follows:
482.565 1. [The] Except as otherwise provided in subsection 2, the department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto [.] if the department reasonably believes that the violation was the result of fraud or malfeasance. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. Except in an emergency or in a situation that constitutes imminent danger to person or property, the department shall issue a warning to a person for the first violation of a regulation adopted pursuant to this chapter. The department may impose an administrative fine for the second and subsequent violations of the regulation if the department reasonably believes that the violation was the result of fraud or malfeasance.
3. All administrative fines collected by the department pursuant to [subsection 1] this section must be deposited with the state treasurer to the credit of the state highway fund.
[3.] 4. In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 4. NRS 487.700 is hereby amended to read as follows:
487.700 1. [The] Except as otherwise provided in subsection 2, the department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto [.] if the department reasonably believes that the violation was the result of fraud or malfeasance. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. Except in an emergency or in a situation that constitutes imminent danger to person or property, the department shall issue a warning to a person for the first violation of a regulation adopted pursuant to this chapter. The department may impose an administrative fine for the second and subsequent violations of the regulation if the department reasonably believes that the violation was the result of fraud or malfeasance.
3. All administrative fines collected by the department pursuant to [subsection 1] this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.
[3.] 4. In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 5. NRS 501.119 is hereby amended to read as follows:
501.119 1. The division is authorized to determine methods of obtaining necessary data from hunters, trappers and fishermen relative to their activities and success.
2. The methods may include return of reports attached to licenses and tags or questionnaires addressed to license holders.
3. Failure to return such a report or questionnaire within the period specified by regulation of the commission [or the submission of any false statement thereon] is cause for the commission to:
(a) Deny the person the right to acquire any license provided [under] pursuant to this Title for a period of 1 year; [or
(b) Levy]
(b) For a first violation, issue a warning to the person; or
(c) For the second and subsequent violations, levy an administrative fine of $50 against the person.
4. Submission of a false statement on such a report or questionnaire is cause for the commission to:
(a) Deny the person the right to acquire any license provided pursuant to this Title for a period of 1 year; or
(b) Levy an administrative fine of $50 against the person.
5. Any statement made on such a report or questionnaire may not be the basis for prosecution for any indicated violations of other sections of this Title.