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 removes, damages or destroys any critical electrical infrastructure to obtain used utility wire. 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 value of used utility wire involved in the crime. 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 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.

Statutes affected:
As Introduced: 647.010, 647.017, 647.0172, 647.030, 647.035, 647.0945, 647.143
BDR: 647.010, 647.017, 647.0172, 647.030, 647.035, 647.0945, 647.143