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 for administrative fines and recovery of certain costs 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 for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations governing weights and measures; authorizing the state sealer of weights and measures to impose administrative fines for certain violations of such statutes and regulations; 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. Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state sealer of weights and measures shall adopt regulations specifying a schedule of administrative fines that may be imposed, upon notice and a hearing, for each violation of the provisions of this chapter, or the regulations adopted pursuant thereto. The maximum fine that the state sealer of weights and measures may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the state sealer of weights and measures pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state sealer of weights and measures may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state sealer of weights and measures suspects may have committed flagrant or repeated violations of any provision of this chapter.
Sec. 2. 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 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.] and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorney's fees, against a person convicted of a misdemeanor pursuant to this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.