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 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. 2 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 or privilege 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. 3 NRS 501.1816 is hereby amended to read as follows:
501.1816 1. If a person 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,] conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the division, the division shall deduct 4 demerit points from his record. 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 or revoke any hunting, fishing or trapping license , [or] permit or privilege issued to him pursuant to this Title.
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 of suspension or revocation imposed pursuant to this section must run concurrently. No license , [or] permit or privilege may be suspended or revoked for more than 3 years.
6. If the division suspends or revokes a license , [or] permit or privilege pursuant to this section, the period of suspension or revocation 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. 4 NRS 501.1817 is hereby amended to read as follows:
501.1817 Any person whose license , [or] permit or privilege has been suspended or revoked 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. 5 NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license may be obtained by any person born after January 1, 1960, unless he presents to the division, or one of its authorized licensing agents : [, either:]
(a) A certificate of successful completion of a course of instruction in the responsibilities of hunters as provided by NRS 502.340; [or]
(b) An equivalent certificate of completion of a course in the responsibilities of hunters provided by [any] a state or an agency of a Canadian province for the management of wildlife [.] ; or
(c) A hunting license issued to him in a previous year by the division, a state or an agency of a Canadian province, which bears a number or other unique mark evidencing successful completion of a course of instruction in the responsibilities of hunters.
2. Any person who has been convicted of violating NRS 503.165 or 503.175 may not obtain a hunting license until he has successfully completed a course in the responsibilities of hunters conducted pursuant to NRS 502.340.
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.