Assembly Bill No. 52

Assembly Bill No. 52-Committee on Natural Resources, Agriculture and Mining

January 27, 1997
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Referred to Committee on Natural Resources, Agriculture and Mining

SUMMARY--Provides administrative fine for violation of certain statutes or regulations governing weights and measures. (BDR 51-410)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to commodities; providing an administrative fine for the violation of certain statutes or regulations governing weights and measures; and providing other matters properly relating thereto.

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

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Section 1 NRS 581.450 is hereby amended to read as follows:
581.450 1. Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter or any of the rules or regulations [lawfully promulgated under the provisions of this chapter shall be] adopted pursuant thereto is subject to payment of an administrative fine not to exceed $1,000 per violation to the division of agriculture of the department of business and industry and is guilty of a misdemeanor.
2. [Any person who violates any of the provisions of this chapter or any of the rules or regulations lawfully promulgated under the provisions of this chapter shall also be liable in damages to the person injured by his violation in treble the amount of the property wrongfully taken or not given, and $20 in addition thereto, to be recovered in a court of competent jurisdiction.
3. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee.] Before the division may impose an administrative fine against a person pursuant to this section, the division must provide the person with a hearing for which written notice must be given to the person at least 30 days before the hearing.
3. In addition to an administrative fine, the division may recover from the person all costs of the proceedings, including, without limitation, the cost of investigation and attorney's fees.
4. An administrative fine collected by the division pursuant to this section must be deposited with the county treasurer of the county in which the violation occurred and credited to the county school district fund.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.