Assembly Bill No. 110–Committee on Commerce and Labor

(On Behalf of Commission on Workplace Safety)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Requires certain employees who work with certain 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.

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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 certain employees who work with certain explosives to be based solely on the number of hours the employees work; 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 a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in this section, wages or

1-4 compensation paid to an employee whose duties include the manufacture

1-5 of an explosive, or the use, processing, handling, on-site movement or

1-6 storage of an explosive that is related to its manufacture, must be based

1-7 solely on the number of hours the employee works. The provisions of this

1-8 subsection do not apply to persons employed in the mining industry.

1-9 2. Any person who violates the provisions of subsection 1:

1-10 (a) For the first violation, shall be punished by a fine of not less than

1-11 $10,000 nor more than $20,000.

1-12 (b) For the second or any subsequent violation, shall be punished by a

1-13 fine of not less than $20,000 nor more than $50,000.

1-14 3. Except as otherwise provided in subsection 4, as used in this

1-15 section, "explosive" means gunpowders, powders used for blasting, all

1-16 forms of high explosives, blasting materials, fuses other than electric

2-1 circuit breakers, detonators and other detonating agents, smokeless

2-2 powders, other explosive or incendiary devices and any chemical

2-3 compound, mechanical mixture or device that contains any oxidizing and

2-4 combustible units, or other ingredients, in such proportions, quantities or

2-5 packing that ignition by fire, friction, concussion, percussion or

2-6 detonation of the compound, mixture or device or any part thereof may

2-7 cause an explosion.

2-8 4. For the purposes of this section, an explosive does not include:

2-9 (a) Ammunition for small arms, or any component thereof;

2-10 (b) Black powder commercially manufactured in quantities that do

2-11 not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

2-12 quills, quick and slow matches, and friction primers that are intended to

2-13 be used solely for sporting, recreation or cultural purposes:

2-14 (1) In an antique firearm, as that term is defined in 18 U.S.C. §

2-15 921(a)(16), as that section existed on January 1, 1999; or

2-16 (2) In an antique device which is exempted from the definition of

2-17 "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section

2-18 existed on January 1, 1999; or

2-19 (c) Any explosive that is manufactured under the regulation of a

2-20 military department of the United States, or that is distributed to, or

2-21 possessed or stored by, the military or naval service or any other agency

2-22 of the United States, or an arsenal, a navy yard, a depot or any other

2-23 establishment owned by or operated on behalf of the United States.

2-24 Sec. 2. NRS 608.180 is hereby amended to read as follows:

2-25 608.180 The labor commissioner or his representative shall cause the

2-26 provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act,

2-27 to be enforced, and upon notice from the labor commissioner or his

2-28 representative:

2-29 1. The district attorney of any county in which a violation of those

2-30 sections has occurred;

2-31 2. The deputy labor commissioner, as provided in NRS 607.050;

2-32 3. The attorney general, as provided in NRS 607.160; or

2-33 4. The special counsel, as provided in NRS 607.065,

2-34 shall prosecute the action for enforcement according to law.

2-35 Sec. 3. NRS 608.195 is hereby amended to read as follows:

2-36 608.195 [Every] Except as otherwise provided in section 1 of this act,

2-37 every person violating any of the provisions of NRS 608.005 to 608.190,

2-38 inclusive, is guilty of a misdemeanor.

2-39 Sec. 4. The amendatory provisions of this act do not apply to offenses

2-40 that are committed before the effective date of this act.

2-41 Sec. 5. This act becomes effective upon passage and approval.

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