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
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 a1-2
new section to read as follows:1-3
1. Except as otherwise provided in this section, wages or1-4
compensation paid to an employee whose duties include the manufacture1-5
of an explosive, or the use, processing, handling, on-site movement or1-6
storage of an explosive that is related to its manufacture, must be based1-7
solely on the number of hours the employee works. The provisions of this1-8
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 than1-11
$10,000 nor more than $20,000.1-12
(b) For the second or any subsequent violation, shall be punished by a1-13
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 this1-15
section, "explosive" means gunpowders, powders used for blasting, all1-16
forms of high explosives, blasting materials, fuses other than electric2-1
circuit breakers, detonators and other detonating agents, smokeless2-2
powders, other explosive or incendiary devices and any chemical2-3
compound, mechanical mixture or device that contains any oxidizing and2-4
combustible units, or other ingredients, in such proportions, quantities or2-5
packing that ignition by fire, friction, concussion, percussion or2-6
detonation of the compound, mixture or device or any part thereof may2-7
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 do2-11
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,2-12
quills, quick and slow matches, and friction primers that are intended to2-13
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; or2-16
(2) In an antique device which is exempted from the definition of2-17
"destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section2-18
existed on January 1, 1999; or2-19
(c) Any explosive that is manufactured under the regulation of a2-20
military department of the United States, or that is distributed to, or2-21
possessed or stored by, the military or naval service or any other agency2-22
of the United States, or an arsenal, a navy yard, a depot or any other2-23
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: 608.180 The labor commissioner or his representative shall cause the2-26
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 his2-28
representative:2-29
1. The district attorney of any county in which a violation of those2-30
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; or2-33
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: 608.1952-37
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 offenses2-40
that are committed before the effective date of this act.2-41
Sec. 5. This act becomes effective upon passage and approval.~