AB110

Assembly Bill No. 110–Committee on Commerce and Labor

(On Behalf of Commission on Workplace Safety)

February 4, 1999

____________

Referred to Committee on Commerce and Labor

SUMMARY—Requires employees who work with explosives to be paid solely on basis of hours worked. (BDR 53-771)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to labor; requiring the wages or compensation of an employee who works with explosives to be based solely on the number of hours the employee works; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 608 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Wages or compensation paid to an employee whose duties include

1-4 the manufacture, use, processing, handling, transportation or storage of

1-5 an explosive must be based solely on the number of hours the employee

1-6 works.

1-7 2. Any person who violates the provisions of subsection 1:

1-8 (a) For the first violation, shall be punished by a fine of not less than

1-9 $10,000 nor more than $20,000.

1-10 (b) For the second or any subsequent violation, shall be punished by

1-11 a fine of not less than $20,000 nor more than $50,000.

1-12 3. As used in this section, "explosive" means gunpowders, powders

1-13 used for blasting, all forms of high explosives, blasting materials, fuses

1-14 other than electric circuit breakers, detonators and other detonating

1-15 agents, smokeless powders, other explosive or incendiary devices and any

1-16 chemical compound, mechanical mixture or device that contains any

1-17 oxidizing and combustible units, or other ingredients, in such

2-1 proportions, quantities or packing that ignition by fire, friction,

2-2 concussion, percussion or detonation of the compound, mixture or device

2-3 or any part thereof may cause an explosion.

2-4 Sec. 2. NRS 608.180 is hereby amended to read as follows:

2-5 608.180 The labor commissioner or his representative shall cause the

2-6 provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act,

2-7 to be enforced, and upon notice from the labor commissioner or his

2-8 representative:

2-9 1. The district attorney of any county in which a violation of those

2-10 sections has occurred;

2-11 2. The deputy labor commissioner, as provided in NRS 607.050;

2-12 3. The attorney general, as provided in NRS 607.160; or

2-13 4. The special counsel, as provided in NRS 607.065,

2-14 shall prosecute the action for enforcement according to law.

2-15 Sec. 3. NRS 608.195 is hereby amended to read as follows:

2-16 608.195 [~~Every]~~ Except as otherwise provided in section 1 of this act,

2-17 every person violating any of the provisions of NRS 608.005 to 608.190,

2-18 inclusive, is guilty of a misdemeanor.

2-19 Sec. 4. The amendatory provisions of this act do not apply to offenses

2-20 that are committed before the effective date of this act.

2-21 Sec. 5. This act becomes effective upon passage and approval.