Assembly Bill No. 54-Committee on Natural Resources, Agriculture and Mining
January 27, 1997
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Referred to Committee on Natural Resources, Agriculture and Mining
SUMMARY--Revises provisions governing suspension or revocation of certain licenses, permits and privileges by board of wildlife commissioners and division of wildlife of state department of conservation and natural resources. (BDR 45-449)
FISCAL NOTE: Effect on Local Government: Yes.
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 wildlife; revising the provisions governing the suspension or revocation of certain licenses, permits and privileges by the board of wildlife commissioners and the division of wildlife of the state department of conservation and natural resources; 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 501 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 501.1812 to 501.1818, inclusive, the division may, for any of the grounds specified in subsection 2:
(a) Immediately suspend a license or permit issued pursuant to the provisions of this Title or chapter 488 of NRS or regulations adopted pursuant thereto; or
(b) Refuse to issue such a license or permit.
2. The division may immediately suspend or refuse to issue a license or permit pursuant to subsection 1 if a person:
(a) Knowingly misrepresents any material fact or knowingly provides false information in any application for a license or permit submitted to the division;
(b) Fails to comply with a condition of the license or permit;
(c) Engages in an activity established by regulations of the commission to be detrimental to wildlife or the habitat of wildlife;
(d) Is convicted of:
(1) A crime involving moral turpitude; or
(2) Violating a provision of this Title or chapter 488 of NRS relating to the issuance of or application for a license or permit; or
(e) Is issued or applies for a license or permit in this state pursuant to the provisions of this Title or chapter 488 of NRS after his privilege to possess a similar license or permit has been suspended or revoked by another state or the Federal Government.
3. Notwithstanding any other provision of this Title, the commission may:
(a) Revoke a license or permit suspended pursuant to subsection 1; or
(b) Refuse to issue such a license or permit.
4. The commission may adopt regulations necessary to carry out the provisions of this section.
Sec. 2 NRS 501.1812 is hereby amended to read as follows:
501.1812 As used in NRS 501.1812 to 501.1818, inclusive, unless the context otherwise requires, "wildlife [violation"] conviction" means a conviction obtained in any court of competent jurisdiction in this state , including, without limitation, a conviction obtained upon a plea of nolo contendere or upon a forfeiture of bail not vacated in any such court, for a violation of [a] :
1. A provision of this Title or any regulation adopted pursuant to this Title [.] other than a provision of NRS 502.370, 503.185, 503.310 or 504.300 to 504.390, inclusive; or
2. A provision of the Lacey Act Amendments of 1981 (Pub. L. No. 97-79, Nov. 16, 1981), if the violation of that provision is based on a violation of a law or regulation of this state.
Sec. 3 NRS 501.1814 is hereby amended to read as follows:
501.1814 1. The commission shall establish and the division shall administer and enforce a system of assessing demerit points for wildlife [violations against any person convicted of a wildlife violation.] convictions. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit points established by regulation [by] of the commission for each wildlife [violation] conviction occurring within this state affecting any holder of a hunting, fishing or trapping license or permit issued pursuant to this Title, the division shall assess demerit points for the 60-month period preceding a person's most recent wildlife [violation.] conviction. Sixty months after the date of the [violation,] conviction, the demerit points for that [violation] conviction must be deleted from the total demerit points accumulated by that person. [The date of the violation shall be deemed the date on which accumulated demerit points must be assessed. If a conviction of two or more wildlife violations committed at a single event is obtained, demerit points must be assessed for the offense having the greater number of demerit points.]
Sec. 4 NRS 501.1816 is hereby amended to read as follows:
501.1816 1. [If] To reduce demerit points accumulated by a person, the commission shall adopt regulations which allow a person who accumulates [6 or more demerit points, but] less than 12 [, the division shall notify him of that fact by certified mail. If, after the division mails the notice, the person presents proof to the division that he has, after his most recent wildlife violation, successfully completed] demerit points to complete a course of instruction in the responsibilities of hunters . [approved by the division, the division shall deduct 4 demerit points from his record.] The regulations must establish the number of demerit points that must be deducted upon the successful completion of the course. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.
2. If a person accumulates 12 or more demerit points [or commits a wildlife violation punishable as a gross misdemeanor] before completing a course of instruction pursuant to subsection 1, the division shall [suspend any license or permit issued] :
(a) For a definite period established by a regulation of the commission, suspend any hunting, fishing or trapping license, permit or privilege issued or granted to him pursuant to this Title [.] ; or
(b) Revoke any such license, permit or privilege.
3. Not later than [30] 60 days after the division determines that a person [accumulates] has accumulated 12 demerit points, the division shall notify the person by certified mail that his privileges [are subject to suspension.] will be suspended or revoked. Except as otherwise provided in subsection 4, the division shall suspend [the license or permit] or revoke those privileges 30 days after it mails the notice.
4. Any person who receives the notice required by subsection 3 may submit to the division a written request for a hearing before the commission [no] not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the division:
(a) The suspension or revocation of the license , permit or privilege is stayed until a determination is made by the commission after the hearing.
(b) The hearing must be held within 60 days after the request is received.
5. [The periods] A period of suspension or revocation imposed pursuant to this section [must] may run concurrently [.] or consecutively. No license or permit may be suspended for more than [3 years.] a definite period established by a regulation of the commission.
6. If the division suspends a license , [or] permit or other privilege pursuant to this section, the period of suspension begins 30 days after notification pursuant to subsection 3 or a determination is made by the commission pursuant to subsection 4. After a person's license , [or] permit or privilege is suspended [,] or revoked, all demerit points accumulated by that person must be canceled.
Sec. 5 NRS 501.1817 is hereby amended to read as follows:
501.1817 Any person whose license , [or] permit or privilege has been suspended by the division pursuant to NRS 501.1816 is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
Sec. 6 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7 This act becomes effective upon passage and approval.