AB503 - Revises provisions relating to governmental administration. (BDR 15-394)

- 83rd Session (2025) Assembly Bill No. 503–Committee on Government Affairs CHAPTER.......... AN ACT relating to governmental administration; prohibiting certain acts related to critical infrastructure or used utility wire; establishing requirements relating to transactions involving used utility wire; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law makes it a gross misdemeanor to knowingly burn stolen metallic wire to remove insulation. (NRS 202.180) Section 1 of this bill sets forth penalties for a person who willfully tampers with or willfully removes, damages or destroys any critical infrastructure. Section 3 of this bill provides that it is unlawful for a person to possess used utility wire unless the person is a certain type of business that may reasonably generate, possess or sell used utility wire or the person possesses documentation proving lawful ownership or possession. Section 4 of this bill prohibits a person from purchasing used utility wire for any purpose unless the seller is a business that may reasonably generate, possess or sell used utility wire or the seller establishes lawful ownership or possession of the used utility wire by providing certain documentation. Section 5 of this bill provides that a person who commits the offense created by section 3 or who violates the provisions of section 4 is guilty of a degree of felonious conduct consistent with the weight of used utility wire involved in the crime. Existing law provides that, under certain circumstances, a person may not sue any political subdivisions for any injury, wrongful death or other damage incurred by the person while committing certain crimes. (NRS 41.0334) Section 5.5 of this bill revises the list of crimes to include the new crime created by section 1. Existing law provides certain restrictions on the purchase or receipt by a junk dealer of metallic wire that has been burned in whole or in part to remove insulation. (NRS 647.035) Sections 14 and 15 of this bill make these restrictions apply instead to the purchase or receipt by a junk dealer of used utility wire. Existing law provides certain restrictions on the sale and purchase of scrap metal and used catalytic converters in this State. (NRS 647.092-647.099). Sections 12 and 13 of this bill exclude used utility wire from the definition of “scrap metal” but include persons who purchase, trade, barter or otherwise receive used utility wire in the definition of “scrap metal processor.” Section 8 of this bill prohibits a scrap metal processor from purchasing or receiving used utility wire from any person other than certain businesses that may reasonably generate, possess or sell used utility wire and persons who provide documentation to establish lawful ownership or possession of used utility wire. Section 10 of this bill provides certain restrictions on the manner by which a scrap metal processor may purchase used utility wire that are substantially similar to the restrictions under existing law on the manner by which a scrap metal processor may purchase a used catalytic converter. Existing law requires a scrap metal processor to maintain certain records of purchases of scrap metal and used catalytic converters. (NRS 647.094, 647.0943) Section 9 of this bill requires a scrap metal processor to maintain records of purchases of used utility wire that are substantially similar to the records that it must maintain under existing law for purchases of used catalytic converters. Section 9 requires a scrap metal processor to maintain these records for a period of – 2 – - 83rd Session (2025) not less than 3 years. Section 9 also requires a scrap metal processor to make available to a local law enforcement agency on demand all the used utility wire that it purchases and the records of those purchases. Existing law authorizes a local law enforcement agency to establish an electronic reporting system or to utilize an existing electronic reporting system to receive information relating to the purchase of scrap metal or used catalytic converters by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. If a law enforcement agency establishes or uses such a system, existing law requires each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency to submit electronically to the local law enforcement agency certain information relating to each purchase of scrap metal and catalytic converters from certain persons. (NRS 647.0945) Section 16 of this bill requires each scrap metal processor to submit electronically to the local law enforcement agency certain additional information if the scrap metal processor purchases used utility wire. Section 17 of this bill provides that a person who violates any provision of section 8, 9 or 10 is guilty of a misdemeanor. Section 7 of this bill defines “used utility wire” for the purposes of sections 8-16. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows: 1. A person who willfully tampers with or willfully removes, damages or destroys any critical infrastructure shall be punished pursuant to the provisions of this section. 2. Except as otherwise provided in subsection 3, if the value of the property tampered with or removed, damaged or destroyed, as described in subsection 1, is: (a) Less than $1,200, a person who violates the provisions of subsection 1 is guilty of a misdemeanor. (b) At least $1,200 but less than $5,000, a person who violates the provisions of subsection 1 is guilty of a gross misdemeanor. (c) Five thousand dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130. 3. If the tampering with or the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any critical infrastructure, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130. 4. A prosecuting attorney shall not seek, and a court shall not impose, any penalty pursuant to NRS 205.0821 to 205.0835, – 3 – - 83rd Session (2025) inclusive or NRS 206.310 against a person for the same conduct that is a violation of the provisions of subsection 1. 5. In determining the value of the property tampered with or removed, damaged or destroyed, as described in subsection 1, the cost of replacing or repairing the property or critical infrastructure, if necessary, must be added to the value of the property. 6. As used in this section, “critical infrastructure” means any building, facility, structure, fixture, equipment or other property owned, maintained or used by a company or a county, city or other political subdivision of this State to store, use, transform, deliver, transport or transmit electricity or furnish video service, broadband service, telecommunication service, telephone service, wireless service, natural gas service, water service, sewer service or stormwater collection or disposal service for the benefit of the public, including, without limitation, power lines, telephone lines, streetlights, traffic lights, electrical transformers, electrical substations, cellular towers and telecommunication or fiber optic cables. Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act. Sec. 3. 1. It is unlawful for a person to possess used utility wire unless the person: (a) Holds a permit issued pursuant to NRS 444.553 to operate a disposal site, as defined in NRS 444.460; (b) Holds a contractor’s license issued pursuant to chapter 624 of NRS; (c) Is a scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used utility wire in accordance with the provisions set forth in sections 8 and 9 of this act; (d) Is a junk dealer and has obtained the used utility wire in accordance with the provisions set forth in NRS 647.030 and 647.035; (e) Possesses documentation that proves the person is the lawful owner or possessor of the used utility wire, including, without limitation, an affidavit or declaration under penalty of perjury from the seller, bailor or deliverer from whom the person received the used utility wire concerning the lawfulness of the acquisition and possession of the used utility wire by the seller, bailor or deliverer; or (f) Any other business that may reasonably generate, possess or sell the used utility wire. – 4 – - 83rd Session (2025) 2. As used in this section, “used utility wire” means: (a) Seven-strand metallic wire; (b) Metallic wire that has been permanently marked with a name, badge, symbol or other mark indicating ownership; or (c) Metallic wire that has been burned, in whole or in part, to remove insulation. Sec. 4. 1. A person shall not purchase used utility wire for any purpose, including, without limitation, to recycle or smelt, unless the person purchases the used utility wire from: (a) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used utility wire in accordance with the provisions of sections 8 and 9 of this act; (b) Any other business that may reasonably generate, possess or sell used utility wire; or (c) A person providing documentation that proves the person is the lawful owner or possessor of the used utility wire, including, without limitation, an affidavit or declaration under penalty of perjury from the person concerning the lawfulness of the acquisition and possession of the used utility wire by the person. 2. As used in this section, “used utility wire” means: (a) Seven-strand metallic wire; (b) Metallic wire that has been permanently marked with a name, badge, symbol or other mark indicating ownership; or (c) Metallic wire that has been burned, in whole or in part, to remove insulation. Sec. 5. A person who violates the provisions of section 3 or 4 of this act is guilty of: 1. If the violation involves used utility wire with a weight of less than 100 pounds, a misdemeanor. 2. If the violation involves used utility wire with a weight of at least 100 pounds but less than 400 pounds, a gross misdemeanor. 3. If the violation involves used utility wire with a weight of 400 pounds or more, a category D felony and shall be punished as provided in NRS 193.130. Sec. 5.5. NRS 41.0334 is hereby amended to read as follows: 41.0334 1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in section 1 of this act, NRS 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to – 5 – - 83rd Session (2025) 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury, wrongful death or damage was caused. 2. Subsection 1 does not apply to any action for injury, wrongful death or other damage: (a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada. 3. As used in this section: (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,  owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions. Sec. 6. Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act. Sec. 7. “Used utility wire” means: 1. Seven-strand metallic wire; 2. Metallic wire that has been permanently marked with a name, badge, symbol or other mark indicating ownership; or 3. Metallic wire that has been burned, in whole or in part, to remove insulation. Sec. 8. A person described in subsection 1 of NRS 647.0172 shall not purchase or otherwise receive used utility wire for any purpose, including, without limitation, to recycle or smelt, unless the person purchases or receives the used utility wire from: 1. A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used utility wire in accordance with the provisions of section 9 or 10 of this act; 2. A person providing documentation that proves the person is the lawful owner or possessor of the used utility wire, including, without limitation, an affidavit or declaration under penalty of perjury from the person concerning the lawfulness of the – 6 – - 83rd Session (2025) acquisition and possession of the used utility wire by the person; or 3. Any other business that may reasonably generate, possess or sell used utility wire. Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, every scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each purchase of used utility wire, a record of the purchase that contains: (a) The place and date of the purchase. (b) The name of the seller and the seller’s valid driver’s license number or valid identification card number and the state of issue. (c) A general description of the vehicle delivering the used utility wire, including, without limitation, the state of the registration of the vehicle. (d) A description of the used utility wire purchased, including, without limitation, the item type and quantity. (e) A statement written by the seller indicating: (1) That the seller is the lawful owner or [Text truncated for display. Full text available on LegiScan.]