Assembly Bill No. 645–Committee on Judiciary
(On Behalf of Legislative Commission)
March 22, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Makes various technical changes to provisions of Nevada Revised Statutes. (BDR S-819)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 1.390 is hereby amended to read as follows: 1.390 1. Each member of the commission on judicial selection who1-3
is not a judicial officer is entitled to receive a salary of not more than $80,1-4
as fixed by the commission, for each day’s attendance at each meeting of1-5
the commission.1-6
2. While engaged in the business of the commission, each member and1-7
employee of the commission is entitled to receive the per diem allowance1-8
and travel expenses provided for state officers and employees generally.1-9
Sec. 2. NRS 104.9105 is hereby amended to read as follows: 104.9105 1. As used in this article, unless the context otherwise1-11
requires:1-12
(a) "Account debtor" means the person who is obligated on an account,1-13
chattel paper or general intangible.1-14
(b) "Chattel paper" means a writing or writings which evidence both a1-15
monetary obligation and a security interest in or a lease of specific goods,1-16
but a charter or other contract involving the use or hire of a vessel is not1-17
chattel paper. When a transaction is evidenced both by such a security2-1
agreement or a lease and by an instrument or a series of instruments, the2-2
group of writings taken together constitutes chattel paper.2-3
(c) "Collateral" means the property subject to a security interest, and2-4
includes accounts and chattel paper which have been sold.2-5
(d) "Debtor" means the person who owes payment or other2-6
performance of the obligation secured, whether or not he owns or has2-7
rights in the collateral, and includes the seller of accounts or chattel paper.2-8
Where the debtor and the owner of the collateral are not the same person,2-9
the term "debtor" means the owner of the collateral in any provision of the2-10
article dealing with the collateral, the obligor in any provision dealing with2-11
the obligation, and may include both where the context so requires.2-12
(e) "Deposit account" means a demand, time, savings, passbook or like2-13
account maintained with a bank, savings and loan association, credit union2-14
or like organization, other than an account evidenced by a certificate of2-15
deposit.2-16
(f) "Document" means document of title as defined in the general2-17
definitions of article 1 (NRS 104.1201), and a receipt of the kind described2-18
in subsection 2 of NRS 104.7201.2-19
(g) "Encumbrance" includes real estate mortgages and other liens on2-20
real estate and all other rights in real estate that are not ownership interests.2-21
(h) "Goods" includes all things which are movable at the time the2-22
security interest attaches or which are fixtures (NRS 104.9313), but does2-23
not include money, documents, instruments, investment property,2-24
accounts, chattel paper, general intangibles or minerals or the like2-25
(including oil and gas) before extraction. "Goods" also include standing2-26
timber which is to be cut and removed under a conveyance or contract for2-27
sale, the unborn young of animals and growing crops.2-28
(i) "Instrument" means a negotiable instrument (defined in NRS2-29
104.3104) or any other writing which evidences a right to the payment of2-30
money and is not itself a security agreement or lease and is of a type which2-31
is in ordinary course of business transferred by delivery with any necessary2-32
endorsement or assignment. The term does not include investment2-33
property.2-34
(j) "Mortgage" means a consensual interest created by a real estate2-35
mortgage, a trust deed on real estate or the like.2-36
(k) An advance is made "pursuant to commitment" if the secured party2-37
has bound himself to make it, whether or not a subsequent event of default2-38
or other event not within his control has relieved or may relieve him from2-39
his obligation.2-40
(l) "Security agreement" means an agreement which creates or provides2-41
for a security interest.2-42
(m) "Secured party" means a lender, seller or other person in whose2-43
favor there is a security interest, including a person to whom accounts or3-1
chattel paper have been sold. When the holders of obligations issued under3-2
an indenture of trust, equipment trust agreement or the like are represented3-3
by a trustee or other person, the representative is the secured party.3-4
2. Other definitions applying to this article and the sections in which3-5
they appear are:3-6
"Account." NRS 104.9106.3-7
"Attach." NRS 104.9203.3-8
"Commodity contract." NRS 104.9115.3-9
"Commodity customer." NRS 104.9115.3-10
"Commodity intermediary." NRS 104.9115.3-11
"Construction mortgage." NRS 104.9313.3-12
"Consumer goods." Subsection 1 of NRS 104.9109.3-13
"Control." NRS 104.9115.3-14
"Equipment." Subsection 2 of NRS 104.9109.3-15
"Farm products." Subsection 3 of NRS 104.9109.3-16
"Fixture." NRS 104.9313.3-17
"Fixture filing." NRS 104.9313.3-18
"General intangibles." NRS 104.9106.3-19
"Inventory." Subsection 4 of NRS 104.9109.3-20
"Investment property." NRS 104.9115.3-21
"Lien creditor." Subsection3-22
"Proceeds." Subsection 1 of NRS 104.9306.3-23
"Purchase money security interest." NRS 104.9107.3-24
"United States." NRS 104.9103.3-25
3. The following definitions in other articles apply to this article:3-26
"Broker." NRS 104.8102.3-27
"Certificated security." NRS 104.8102.3-28
"Check." NRS 104.3104.3-29
"Contract for sale." NRS 104.2106.3-30
"Delivery." NRS 104.8301.3-31
"Financial asset." NRS 104.8102.3-32
"Holder in due course." NRS 104.3302.3-33
"Letter of credit." NRS 104.5102.3-34
"Note." NRS 104.3104.3-35
"Proceeds of a letter of credit." NRS 104.5114.3-36
"Sale." NRS 104.2106.3-37
"Securities intermediary." NRS 104.8102.3-38
"Security." NRS 104.8102.3-39
"Security certificate." NRS 104.8102.3-40
"Security entitlement." NRS 104.8102.4-1
"Uncertificated security." NRS 104.8102.4-2
4. In addition, article 1 contains general definitions and principles of4-3
construction and interpretation applicable throughout this article.4-4
Sec. 3. NRS 176A.500 is hereby amended to read as follows: 176A.500 1. The period of probation or suspension of sentence may4-6
be indeterminate or may be fixed by the court and may at any time be4-7
extended or terminated by the court, but the period, including any4-8
extensions thereof, must not be more than:4-9
(a) Three years for a:4-10
(1) Gross misdemeanor; or4-11
(2) Suspension of sentence pursuant to NRS 453.3363; or4-12
(b) Five years for a felony .4-13
4-14
4-15
2. At any time during probation or suspension of sentence, the court4-16
may issue a warrant for violating any of the conditions of probation or4-17
suspension of sentence and cause the defendant to be arrested. Except for4-18
the purpose of giving a dishonorable discharge from probation, and except4-19
as otherwise provided in this subsection, the time during which a warrant4-20
for violating any of the conditions of probation is in effect is not part of the4-21
period of probation. If the warrant is canceled or probation is reinstated,4-22
the court may include any amount of that time as part of the period of4-23
probation.4-24
3. Any parole and probation officer or any peace officer with power to4-25
arrest may arrest a probationer without a warrant, or may deputize any4-26
other officer with power to arrest to do so by giving him a written4-27
statement setting forth that the probationer has, in the judgment of the4-28
parole and probation officer, violated the conditions of probation. Except4-29
as otherwise provided in subsection 4, the parole and probation officer, or4-30
the peace officer, after making an arrest shall present to the detaining4-31
authorities, if any, a statement of the charges against the probationer. The4-32
parole and probation officer shall at once notify the court which granted4-33
probation of the arrest and detention or residential confinement of the4-34
probationer and shall submit a report in writing showing in what manner4-35
the probationer has violated the conditions of probation.4-36
4. A parole and probation officer or a peace officer may immediately4-37
release from custody without any further proceedings any person he arrests4-38
without a warrant for violating a condition of probation if the parole and4-39
probation officer or peace officer determines that there is no probable4-40
cause to believe that the person violated the condition of probation.4-41
Sec. 4. NRS 201.020 is hereby amended to read as follows: 201.020 1. A husband or wife who, without just cause, deserts,4-43
willfully neglects or refuses to provide for the support and maintenance of5-1
his spouse in destitute or necessitous circumstances, or any parent who5-2
without lawful excuse deserts or willfully neglects or refuses to provide for5-3
the support and maintenance of his legitimate or illegitimate minor child or5-4
children, or any parent who without lawful excuse deserts or willfully5-5
neglects or refuses to provide for the support and maintenance of his5-6
legitimate or illegitimate child or children who upon arriving at the age of5-7
majority are unable to provide themselves with support and maintenance5-8
because of infirmity, incompetency or other legal disability contracted5-9
before their reaching the age of majority, shall be punished:5-10
(a)5-11
convicted persisted for less than 6 months, for a misdemeanor or, if such5-12
conduct persisted for more than 6 months, for a gross misdemeanor or, if5-13
for more than 1 year, for a category C felony by imprisonment in the state5-14
prison for a minimum term of not less than 1 year and a maximum term of5-15
not more than 5 years, or by a fine of not more than $5,000, or by both fine5-16
and imprisonment.5-17
(b) For any subsequent offense for a category C felony as provided in5-18
NRS 193.130.5-19
2. In addition to other orders which the court may make relative to the5-20
defendant’s obligation to provide support to his spouse and children, the5-21
court may impose an intermittent sentence on a person found guilty of a5-22
violation of subsection 1 if it finds that such a sentence would be in the5-23
best interest of the defendant’s spouse and child or children.5-24
Sec. 5. NRS 202.350 is hereby amended to read as follows: 202.350 1. It is unlawful for a person within this state to:5-26
(a) Manufacture or cause to be manufactured, or import into the state,5-27
or keep, offer or expose for sale, or give, lend or possess any knife which5-28
is made an integral part of a belt buckle or any instrument or weapon of the5-29
kind commonly known as a switchblade knife, blackjack, slung shot, billy,5-30
sand-club, sandbag or metal knuckles; or5-31
(b) Except as otherwise provided in subsection 4, carry concealed upon5-32
his person any:5-33
(1) Explosive substance, other than ammunition or any components5-34
thereof;5-35
(2) Dirk, dagger or machete;5-36
(3) Pistol, revolver or other firearm, or other dangerous or deadly5-37
weapon; or5-38
(4) Knife which is made an integral part of a belt buckle.5-39
2. It is unlawful for a person to possess or use a:5-40
(a) Nunchaku or trefoil with the intent to inflict harm upon the person5-41
of another; or5-42
(b) Machine gun or a silencer.6-1
3. Except as otherwise provided in NRS 202.275 and 212.185, a6-2
person who violates any of the provisions of subsection 1 or 2 is guilty:6-3
(a) For the first offense, of a gross misdemeanor.6-4
(b) For any subsequent offense, of a category D felony, and shall be6-5
punished as provided in NRS 193.130.6-6
4. Except as otherwise provided in this subsection and NRS 202.36536-7
to 202.369, inclusive, the sheriff of any county may, upon written6-8
application by a resident of that county showing the reason or the purpose6-9
for which a concealed6-10
authorizing the applicant to carry in this state the concealed6-11
firearm described in the permit. The sheriff shall not issue a permit to a6-12
person to carry a switchblade knife.6-13
5. This section does not apply to:6-14
(a) Sheriffs, constables, marshals, peace officers, special police officers,6-15
police officers of this state, whether active or honorably retired, or other6-16
appointed officers.6-17
(b) Any person summoned by any peace officer to assist in making6-18
arrests or preserving the peace while the person so summoned is actually6-19
engaged in assisting such an officer.6-20
(c) Any full-time paid peace officer of an agency of the United States or6-21
another state or political subdivision thereof when carrying out official6-22
duties in the State of Nevada.6-23
(d) Members of the Armed Forces of the United States when on duty.6-24
6. The exemptions provided in subsection 5 do not include a former6-25
peace officer who is retired for disability unless his former employer has6-26
approved his fitness to carry a concealed6-27
7. The provisions of paragraph (b) of subsection 2 do not apply to any6-28
person who is licensed, authorized or permitted to possess or use a6-29
machine gun or silencer pursuant to federal law. The burden of6-30
establishing federal licensure, authorization or permission is upon the6-31
person possessing the license, authorization or permission.6-32
8. As used in this section:6-33
(a) "Concealed6-34
subsection 1 of NRS 202.3653.6-35
(b) "Honorably retired" means retired in Nevada after completion of 106-36
years of creditable service as a member of the public employees’6-37
retirement system. A former peace officer is not "honorably retired" if he6-38
was discharged for cause or resigned before the final disposition of6-39
allegations of serious misconduct.6-40
(c) "Machine gun" means any weapon which shoots, is designed to6-41
shoot or can be readily restored to shoot more than one shot, without6-42
manual reloading, by a single function of the trigger.7-1
(d) "Nunchaku" means an instrument consisting of two or more sticks,7-2
clubs, bars or rods connected by a rope, cord, wire or chain used as a7-3
weapon in forms of Oriental combat.7-4
(e) "Silencer" means any device for silencing, muffling or diminishing7-5
the report of a firearm, including any combination of parts, designed or7-6
redesigned, and intended for use in assembling or fabricating a silencer or7-7
muffler, and any part intended only for use in such assembly or fabrication.7-8
(f) "Switchblade knife" means a spring-blade knife, snap-blade knife or7-9
any other knife having the appearance of a pocket knife, any blade of7-10
which is 2 or more inches long and which can be released automatically by7-11
a flick of a button, pressure on the handle or other mechanical device, or is7-12
released by any type of mechanism.7-13
(g) "Trefoil" means an instrument consisting of a metal plate having7-14
three or more radiating points with sharp edges, designed in the shape of a7-15
star, cross or other geometric figure and used as a weapon for throwing.7-16
Sec. 6. NRS 239.010 is hereby amended to read as follows: 239.010 1. All public books and public records of a governmental7-18
entity, the contents of which are not otherwise declared by law to be7-19
confidential, must be open at all times during office hours to inspection by7-20
any person, and may be fully copied or an abstract or memorandum may7-21
be prepared from those public books and public records. Any such copies,7-22
abstracts or memoranda may be used to supply the general public with7-23
copies, abstracts or memoranda of the records or may be used in any other7-24
way to the advantage of the governmental entity or of the general public.7-25
This section does not supersede or in any manner affect the federal laws7-26
governing copyrights or enlarge, diminish or affect in any other manner7-27
the rights of a person in any written book or record which is copyrighted7-28
pursuant to federal law.7-29
2. A governmental entity may not reject a book or record which is7-30
copyrighted solely because it is copyrighted.7-31
3. A person may request a copy of a public record in any medium in7-32
which the public record is readily available. An officer, employee or agent7-33
of a governmental entity who has custody of a public record shall not7-34
refuse to provide a copy of that public record in a readily available7-35
medium because he has already prepared or would prefer to provide the7-36
copy in a different medium.7-37
7-38
7-39
7-40
7-41
7-42
Sec. 7. NRS 271.515 is hereby amended to read as follows: 271.515 1. Any assessment bonds:8-1
(a) Must bear such date or dates;8-2
(b) Must mature in such denomination or denominations at such time or8-3
times, but in no event commencing later than 1 year nor exceeding 208-4
years from their date;8-5
(c) Must bear interest which may be evidenced by one or two sets of8-6
coupons, payable annually or semiannually, except that the first coupon or8-7
coupons on any bond may represent interest for any period not in excess of8-8
1 year;8-9
(d) Must be payable in such medium of payment at such place or places8-10
within and without the state, including , but not limited to , the office of the8-11
county treasurer; and8-12
(e) At the option of the governing body, may be made subject to prior8-13
redemption in advance of maturity, in such order or by lot or otherwise, at8-14
such time or times, without or with the payment of a premium or premiums8-15
not exceeding 9 percent of the principal amount of each bond so8-17
as provided by ordinance.8-18
2. Bonds may be issued with privileges for registration for payment as8-19
to principal, or both principal and interest, and where interest accruing on8-20
the bonds is not represented by interest coupons, the bonds may provide8-21
for the endorsing of payments of interest thereon; and the bonds generally8-22
must be issued in such manner, in such form, with such recitals, terms,8-23
covenants and conditions, with such provisions for conversion into bonds8-24
of other denominations, and with such other details, as may be provided by8-25
the governing body in the ordinance or ordinances authorizing the bonds,8-26
except as herein otherwise provided.8-27
3. Pending preparations of the definitive bonds, interim or temporary8-28
bonds, in such form and with such provisions as the governing body may8-29
determine, may be issued.8-30
4. Except for payment provisions herein expressly provided, the8-31
bonds, any interest coupons thereto attached, and such interim or8-32
temporary bonds must be fully negotiable within the meaning of and for all8-33
the purposes of the8-34
Code—Negotiable Instruments and the Uniform Commercial Code—8-35
Investment Securities.8-36
5. Notwithstanding any other provisions of law, the governing body, in8-37
any proceedings authorizing bonds hereunder, may:8-38
(a) Provide for the initial issuance of one or more bonds (in this8-39
subsection 5 called "bond") aggregating the amount of the entire issue or8-40
any portion thereof.8-41
(b) Make such provision for installment payments of the principal8-42
amount of any such bond as it may consider desirable.9-1
(c) Provide for the making of any such bond payable to bearer or9-2
otherwise, registrable as to principal, or as to both principal and interest,9-3
and where interest accruing thereon is not represented by interest coupons,9-4
for the endorsing of payments of interest on such bond.9-5
(d) Make provision in any such proceedings for the manner and9-6
circumstances in and under which any such bond may in the future, at the9-7
request of the holder thereof, be converted into bonds of larger or smaller9-8
denominations, which bonds of larger or smaller denominations may in9-9
turn be either coupon bonds or bonds registrable as to principal, or both9-10
principal and interest, or either, at the option of the holder.9-11
6. Any bonds may be issued hereunder with provisions for their9-12
reissuance, and the terms and conditions thereof, whether lost, apparently9-13
destroyed, wrongfully taken, or for any other reason, as provided in the9-14
Uniform Commercial Code—Investment Securities, or otherwise.9-15
7. Any bond must be executed in the name of and on behalf of the9-16
municipality and signed by the mayor, chairman, or other presiding officer9-17
of the governing body, countersigned by the treasurer of the municipality,9-18
with the seal of the municipality affixed thereto and attested by the clerk.9-19
8. Except for such bonds which are registrable for payment of interest,9-20
interest coupons payable to bearer must be attached to the bonds and bear9-21
the original or facsimile signature of the treasurer.9-22
9. Any bond may be executed as provided in the Uniform Facsimile9-23
Signatures of Public Officials Act .9-24
therewith is not a condition precedent to the execution of any coupon with9-25
a facsimile signature .9-26
10. The bonds and coupons, bearing the signatures of the officers in9-27
office at the time of the signing thereof, are the valid and binding9-28
obligations of the municipality, notwithstanding that before the delivery9-29
thereof and payment therefor, any or all of the persons whose signatures9-30
appear thereon have ceased to fill their respective offices.9-31
11. Any officer herein authorized or permitted to sign any bond, at the9-32
time of its execution and of the execution of a signature certificate, may9-33
adopt as and for his own facsimile signature the facsimile signature of his9-34
predecessor in office in the event that such facsimile signature appears9-35
upon the bond or coupons pertaining thereto, or upon both the bond and9-36
such coupons.9-37
Sec. 8. NRS 422.2352 is hereby amended to read as follows: 422.2352 As used in NRS 422.2352 to 422.2374, inclusive, 422.301 to9-39
422.306, inclusive, and 422.380 to 422.390, inclusive,9-40
unless the context otherwise requires, "administrator" means the9-41
administrator of the division of health care financing and policy.9-42
Sec. 9. NRS 459.3816 is hereby amended to read as follows:10-1
459.3816 1. The following substances are designated as highly10-2
hazardous, if present in the quantity designated after each substance or a10-3
greater quantity:10-4
Number Assigned10-5
by Chemical Quantity10-6
Chemical Name of Substance Abstract Service (In pounds)10-7
Acetaldehyde 75-07-0 250010-8
Acrolein (2-Propenal) 107-02-8 15010-9
Acrylyl Chloride 814-68-6 25010-10
Allyl Chloride 107-05-1 100010-11
Allylamine 107-11-9 150010-12
Alkylaluminums None 500010-13
Ammonia, Anhydrous 7664-41-7 500010-14
Ammonia solutions (44% ammonia by10-15
weight) 7664-41-7 1000010-16
Ammonium Perchlorate 7790-98-9 750010-17
Ammonium Permanganate 7787-36-2 750010-18
Arsine (also called Arsenic Hydride) 7784-42-1 10010-19
Bis (Chloromethyl) Ether 542-88-1 10010-20
Boron Trichloride 10294-34-5 250010-21
Boron Trifluoride 7637-07-2 25010-22
Bromine 7726-95-6 150010-23
Bromine Chloride 13863-41-7 150010-24
Bromine Pentafluoride 7789-30-2 250010-25
Bromine Trifluoride 7787-71-5 1500010-26
3-Bromopropyne (also called Propargyl10-27
Bromide) 106-96-7 750010-28
Butyl Hydroperoxide (Tertiary) 75-91-2 500010-29
Butyl Perbenzoate (Tertiary) 614-45-9 750010-30
Carbonyl Chloride (see Phosgene) 75-44-5 10010-31
Carbonyl Fluoride 353-50-4 250010-32
Cellulose Nitrate (concentration 12.6%10-33
Nitrogen) 9004-70-0 250010-34
Chlorine 7782-50-5 150010-35
Chlorine Dioxide 10049-04-4 100010-36
Chlorine Pentafluoride 13637-63-3 100010-37
Chlorine Trifluoride 7790-91-2 100010-38
Chlorodiethylaluminum (also called10-39
Diethylaluminum Chloride) 96-10-6 500010-40
1-Chloro-2,4-Dinitrobenzene 97-00-7 500010-41
Chloromethyl Methyl Ether 107-30-2 50010-42
Chloropicrin 76-06-2 50011-1
Chloropicrin and Methyl Bromide mixture None 150011-2
Chloropicrin and Methyl Chloride mixture None 150011-3
Cumene Hydroperoxide 80-15-9 500011-4
Cyanogen 460-19-5 250011-5
Cyanogen Chloride 506-77-4 50011-6
Cyanuric Fluoride 675-14-9 10011-7
Diacetyl Peroxide (concentration 70%) 110-22-5 500011-8
Diazomethane 334-88-3 50011-9
Dibenzoyl Peroxide 94-36-0 750011-10
Diborane 19287-45-7 10011-11
Dibutyl Peroxide (Tertiary) 110-05-4 500011-12
Dichloro Acetylene 7572-29-4 25011-13
Dichlorosilane 4109-96-0 250011-14
Diethylzinc 557-20-0 1000011-15
Diisopropyl Peroxydicarbonate 105-64-6 750011-16
Dilauroyl Peroxide 105-74-8 750011-17
Dimethyl Sulfide 75-18-3 10011-18
Dimethyldichlorosilane 75-78-5 100011-19
Dimethylhydrazine, 1.1- 57-14-7 100011-20
Dimethylamine, Anhydrous 124-40-3 250011-21
Ethyl Methyl Ketone Peroxide (also Methyl11-22
Ethyl Ketone Peroxide; concentration11-23
60%) 1338-23-4 500011-24
Ethyl Nitrite 109-95-5 500011-25
Ethylamine 75-04-7 750011-26
Ethylene Fluorohydrin 371-62-0 10011-27
Ethylene Oxide 75-21-8 500011-28
Ethyleneimine 151-56-4 100011-29
Fluorine 7782-41-4 100011-30
Formaldehyde (concentration 90%) 50-00-0 100011-31
Furan 110-00-9 50011-32
Hexafluoroacetone 684-16-2 500011-33
Hydrochloric Acid, Anhydrous 7647-01-0 500011-34
Hydrofluoric Acid, Anhydrous 7664-39-3 100011-35
Hydrogen Bromide 10035-10-6 500011-36
Hydrogen Chloride 7647-01-0 500011-37
Hydrogen Cyanide, Anhydrous 74-90-8 100011-38
Hydrogen Fluoride 7664-39-3 100011-39
Hydrogen Peroxide (52% by weight or more) 7722-84-111-40 750011-41
Hydrogen Selenide 7783-07-5 15011-42
Hydrogen Sulfide 7783-06-4 150011-43
Hydroxylamine 7803-49-8 250011-44
Iron, Pentacarbonyl- 13463-40-6 25012-1
Isopropyl Formate 625-55-8 50012-2
Isopropylamine 75-31-0 500012-3
Ketene 463-51-4 10012-4
Methacrylaldehyde 78-85-3 100012-5
Methacryloyl Chloride 920-46-7 15012-6
Methacryloyloxyethyl Isocyanate 30674-80-7 10012-7
Methyl Acrylonitrile 126-98-7 25012-8
Methylamine, Anhydrous 74-89-5 100012-9
Methyl Bromide 74-83-9 250012-10
Methyl Chloride 74-87-3 1500012-11
Methyl Chloroformate 79-22-1 50012-12
Methyl Disulfide 624-92-0 10012-13
Methyl Ethyl Ketone Peroxide12-14
12-15
Ketone Peroxide; concentration12-16
60%) 1338-23-4 500012-17
Methyl Fluoroacetate 453-18-9 10012-18
Methyl Fluorosulfate 421-20-5 10012-19
Methyl Hydrazine 60-34-4 10012-20
Methyl Iodide 74-88-4 750012-21
Methyl Isocyanate 624-83-9 25012-22
Methyl Mercaptan 74-93-1 500012-23
Methyl Vinyl Ketone 78-94-4 10012-24
Methyltrichlorosilane 75-79-6 50012-25
Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 15012-26
Nitric Acid (94.5% by weight or greater) 7697-37-2 50012-27
Nitric Oxide 10102-43-9 25012-28
Nitroaniline (para Nitroaniline) 100-01-6 500012-29
Nitromethane 75-52-5 250012-30
Nitrogen Dioxide 10102-44-0 25012-31
Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 25012-32
Nitrogen Tetroxide (also called Nitrogen12-33
Peroxide) 10544-72-6 25012-34
Nitrogen Trifluoride 7783-54-2 500012-35
Nitrogen Trioxide 10544-73-7 25012-36
Oleum (65% or greater by weight of sulfur12-37
trioxide; also called Fuming Sulfuric12-38
Acid) 8014-95-7 100012-39
Osmium Tetroxide 20816-12-0 10012-40
Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 10012-41
Ozone 10028-15-6 10012-42
Pentaborane 19624-22-7 10013-1
Peracetic Acid (also called Peroxyacetic13-2
Acid) 79-21-0 500013-3
Perchloric Acid (concentration 60%) 7601-90-3 500013-4
Perchloromethyl Mercaptan 594-42-3 15013-5
Perchloryl Fluoride 7616-94-6 500013-6
Peroxyacetic Acid (concentration 60%; also13-7
called Peracetic Acid) 79-21-0 500013-8
Phosgene (also called Carbonyl Chloride) 75-44-5 10013-9
Phosphine (Hydrogen Phosphide) 7803-51-2 10013-10
Phosphorus Oxychloride (also called13-11
Phosphoryl Chloride) 10025-87-3 100013-12
Phosphorus Trichloride 7719-12-2 100013-13
Phosphoryl Chloride (also called Phosphorus13-14
Oxychloride) 10025-87-3 100013-15
Propargyl Bromide (also called13-16
3-Bromopropyne) 106-96-7 750013-17
Propyl Nitrate 627-13-4 250013-18
Sarin 107-44-8 10013-19
Selenium Hexafluoride 7783-79-1 100013-20
Stibine (Antimony Hydride) 7803-52-3 50013-21
Sulfur Dioxide (liquid) 7446-09-5 100013-22
Sulfur Pentafluoride 5714-22-7 25013-23
Sulfur Tetrafluoride 7783-60-0 25013-24
Sulfur Trioxide (also called Sulfuric13-25
Anhydride) 7446-11-9 100013-26
Sulfuric Anhydride (also called Sulfur13-27
Trioxide) 7446-11-9 100013-28
Tellurium Hexafluoride 7783-80-4 25013-29
Tetrafluoroethylene 116-14-3 500013-30
Tetrafluorohydrazine 10036-47-2 500013-31
Tetramethyl Lead 75-74-1 750013-32
Thionyl Chloride 7719-09-7 25013-33
Titanium Tetrachloride 7550-45-0 250013-34
Trichloro(chloromethyl) Silane 1558-25-4 10013-35
Trichloro(dichlorophenyl) Silane 27137-85-5 250013-36
Trichlorosilane 10025-78-2 500013-37
Trifluorochloroethylene 79-38-9 1000013-38
Trimethyoxysilane 2487-90-3 150013-39
2. The division, in consultation with the health districts created13-40
pursuant to NRS 439.370, the health division of the department of human13-41
resources and the division of industrial relations of the department of13-42
business and industry, shall regularly examine the sources of information14-1
available to it with regard to potentially highly hazardous substances. The14-2
division shall, by regulation, add to the list of highly hazardous substances14-3
any chemical that is identified as being used, manufactured, stored, or14-4
capable of being produced, at a facility, in sufficient quantities at a single14-5
site, that its release into the environment would produce a significant14-6
likelihood that persons exposed would suffer death or substantial bodily14-7
harm as a consequence of the exposure.14-8
Sec. 10. NRS 482.181 is hereby amended to read as follows: 482.181 1. Except as otherwise provided in subsection 4, the14-10
department shall certify monthly to the state board of examiners the14-11
amount of the basic and supplemental privilege taxes collected for each14-12
county by the department and its agents during the preceding month, and14-13
that money must be distributed monthly as provided in this section.14-14
2. Any supplemental privilege tax collected for a county must be14-15
distributed only to the county, to be used as provided in NRS 371.045 and14-16
371.047.14-17
3. The distribution of the basic privilege tax within a county must be14-18
made to local governments, special districts and enterprise districts14-19
pursuant to the provisions of NRS 360.680 and 360.690. The distribution14-20
of the basic privilege tax must be made to the county school district within14-21
the county before the distribution of the basic privilege tax pursuant to the14-22
provisions of NRS 360.680 and 360.690 and in the same ratio as all14-23
property taxes were levied in the county in the previous fiscal year, but the14-24
State of Nevada is not entitled to share in that distribution. For the purpose14-25
of calculating the amount of basic privilege tax to be distributed to the14-26
county school district, the taxes levied by each local government, special14-27
district and enterprise district are the product of its certified valuation,14-28
determined pursuant to subsection 2 of NRS 361.405, and its tax rate,14-29
established pursuant to NRS 361.455 for the fiscal year beginning on July14-30
1, 1980, except that the tax rate for school districts, including the rate14-31
attributable to a district’s debt service, is the rate established pursuant to14-32
NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate14-33
attributable to a district’s debt service in any fiscal year is greater than its14-34
rate for the fiscal year beginning on July 1, 1978, the higher rate must be14-35
used to determine the amount attributable to debt service.14-36
4. An amount equal to any basic privilege tax distributed to a14-37
redevelopment agency in the fiscal year 1987-1988 must continue to be14-38
distributed to that agency14-39
increased.14-40
5. The department shall make distributions of basic privilege tax14-41
directly to county school districts.14-42
6. As used in this section:14-43
(a) "Enterprise district" has the meaning ascribed to it in NRS 360.620.15-1
(b) "Local government" has the meaning ascribed to it in NRS 360.640.15-2
(c) "Special district" has the meaning ascribed to it in NRS 360.650.16-1
Sec. 11. NRS 483.495 is hereby amended to read as follows: 483.495 The department shall by regulation:16-3
1. Except as otherwise provided in paragraph (h) of subsection 1 of16-4
NRS 62.211,16-5
set forth any tests and other requirements which are a condition for the16-6
reinstatement of a license after any suspension, revocation, cancellation or16-7
voluntary surrender of the license. The tests and requirements:16-8
(a) Must provide for a fair evaluation of a person’s ability to operate a16-9
motor vehicle; and16-10
(b) May allow for the waiver of certain tests or requirements as the16-11
department deems necessary.16-12
2. Set forth the circumstances under which the administrator may, for16-13
good cause shown, rescind the revocation, suspension or cancellation of a16-14
license, or shorten the period for the suspension of a license.16-15
Sec. 12. NRS 581.500 is hereby amended to read as follows: 581.500 1. The16-17
consisting of seven members appointed by the governor, is hereby created16-18
within the division of agriculture of the department of business and16-19
industry.16-20
2. The governor shall appoint:16-21
(a) One member from business.16-22
(b) One member from the engineering profession.16-23
(c) One member from a trade organization.16-24
(d) One member from industry.16-25
(e) One member from a labor organization.16-26
(f) One member from the faculty of a university in the University and16-27
Community College System of Nevada.16-28
(g) One member from the faculty of a public elementary or secondary16-29
school.16-30
Sec. 13. NRS 612.090 is hereby amended to read as follows: 612.090 1. "Employment" includes agricultural labor if:16-32
(a) The services are performed in the employ of a person who:16-33
(1) Paid cash wages of $20,000 or more during any calendar quarter16-34
of the current calendar year or preceding calendar year to persons16-35
employed in agricultural labor; or16-36
(2) Employed 10 or more persons in agricultural labor some portion16-37
of the day for at least 20 days, each day being in a different calendar week,16-38
during the current calendar year or preceding calendar year whether or not16-39
the weeks were consecutive or the persons were employed at the same16-40
moment of time; and16-41
(b) The services are performed:16-42
(1) On a farm, in the employ of any person, in connection with16-43
cultivating the soil, or in connection with raising or harvesting any17-1
agricultural or horticultural commodity, including the raising, shearing,17-2
feeding, caring for, training and management of livestock, bees, poultry17-3
and fur-bearing animals and wildlife.17-4
(2) In the employ of the owner or tenant or other operator of a farm,17-5
in connection with the operation, management, conservation, improvement17-6
or maintenance of the farm and its tools and equipment, or in salvaging17-7
timber or clearing land of brush and other debris left by a hurricane, if the17-8
major part of the service is performed on a farm.17-9
(3) In connection with the production or harvesting of any17-10
commodity defined as an agricultural commodity in section 15(g) of the17-11
Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the17-12
ginning of cotton, or in connection with the operation or maintenance of17-13
ditches, canals, reservoirs or waterways, not owned or operated for profit,17-14
used exclusively for supplying and storing water for farming purposes.17-15
(4)17-16
of the operator of a farm in handling, planting, drying, packing, packaging,17-17
processing, freezing, grading, storing or delivering to storage or to market,17-18
or to a carrier for transportation to market, in its unmanufactured state, any17-19
agricultural or horticultural commodity, but only if the operator produced17-20
more than one-half of the commodity with respect to which such service is17-21
performed.17-22
(5)17-23
of a group of operators of farms, or a cooperative organization of which17-24
such operators are members, in the performance of service described in17-25
subparagraph (4), but only if such operators produced more than one-half17-26
of the commodity with respect to which such service is performed.17-27
17-28
17-29
17-30
17-31
(6) On a farm operated for profit although the service is not in the17-32
course of the employer’s trade or business.17-33
2. The provisions of subparagraphs (4) and (5) of paragraph (b) of17-34
subsection 1 do not apply to service performed in connection with17-35
commercial canning or commercial freezing or in connection with any17-36
agricultural or horticultural commodity after its delivery to a terminal17-37
market for distribution for consumption.17-38
3. As used in this section, the term "farm" includes stock, dairy,17-39
poultry, fruit, fur-bearing animal and truck farms, plantations, ranches,17-40
nurseries, ranges, greenhouses or other similar structures used primarily for17-41
raising agricultural or horticultural commodities, and orchards.17-42
17-43
performed before January 1, 1980, by an alien admitted to the United18-1
States to perform agricultural labor pursuant to sections 214(c) and18-2
101(a)(15)(H) of the Immigration and Nationality Act, 8 U.S.C. §§18-3
1184(c) and 1101(a)(15)(H) respectively.18-4
Sec. 14. Chapter 645D of NRS is hereby amended by adding thereto18-5
the provisions set forth as sections 15 and 16 of this act.18-6
Sec. 15. 1. A person who applies for the issuance or renewal of a18-7
certificate shall submit to the administrator the statement prescribed by18-8
the welfare division of the department of human resources pursuant to18-9
NRS 425.520. The statement must be completed and signed by the18-10
applicant.18-11
2. The administrator shall include the statement required pursuant to18-12
subsection 1 in:18-13
(a) The application or any other forms that must be submitted for the18-14
issuance or renewal of the certificate; or18-15
(b) A separate form prescribed by the administrator.18-16
3. A certificate may not be issued or renewed by the administrator if18-17
the applicant:18-18
(a) Fails to submit the statement required pursuant to subsection 1; or18-19
(b) Indicates on the statement submitted pursuant to subsection 1 that18-20
he is subject to a court order for the support of a child and is not in18-21
compliance with the order or a plan approved by the district attorney or18-22
other public agency enforcing the order for the repayment of the amount18-23
owed pursuant to the order.18-24
4. If an applicant indicates on the statement submitted pursuant to18-25
subsection 1 that he is subject to a court order for the support of a child18-26
and is not in compliance with the order or a plan approved by the district18-27
attorney or other public agency enforcing the order for the repayment of18-28
the amount owed pursuant to the order, the administrator shall advise the18-29
applicant to contact the district attorney or other public agency enforcing18-30
the order to determine the actions that the applicant may take to satisfy18-31
the arrearage.18-32
Sec. 16. 1. If the administrator receives a copy of a court order18-33
issued pursuant to NRS 425.540 that provides for the suspension of all18-34
professional, occupational and recreational licenses, certificates and18-35
permits issued to a certified inspector, the administrator shall deem the18-36
certificate issued to that person to be suspended at the end of the 30th18-37
day after the date on which the court order was issued unless the18-38
administrator receives a letter issued to the certified inspector by the18-39
district attorney or other public agency pursuant to NRS 425.550 stating18-40
that the certified inspector has complied with the subpoena or warrant or18-41
has satisfied the arrearage pursuant to NRS 425.560.18-42
2. The administrator shall reinstate a certificate that has been18-43
suspended by a district court pursuant to NRS 425.540 if the19-1
administrator receives a letter issued by the district attorney or other19-2
public agency pursuant to NRS 425.550 to the person whose certificate19-3
was suspended stating that the person whose certificate was suspended19-4
has complied with the subpoena or warrant or has satisfied the arrearage19-5
pursuant to NRS 425.560.19-6
Sec. 17. NRS 645D.170 is hereby amended to read as follows: 645D.170 An application for a certificate must be in writing upon a19-8
form prepared and furnished by the division. The application must include19-9
the following information:19-10
1. The name, age ,19-11
applicant.19-12
2. The place or places, including the street number, city and county, at19-13
which the applicant intends to maintain an office to conduct business as an19-14
inspector.19-15
3. The business, occupation or other employment of the applicant19-16
during the 5 years immediately preceding the date of the application, and19-17
the location thereof.19-18
4. The applicant’s education and experience to qualify for a certificate.19-19
5. Whether the applicant has ever been convicted of, is under19-20
indictment for, or has entered a plea of guilty or nolo contendere to:19-21
(a) A felony, and if so, the nature of the felony.19-22
(b) Forgery, embezzlement, obtaining money under false pretenses,19-23
larceny, extortion, conspiracy to defraud or any crime involving moral19-24
turpitude.19-25
6. If the applicant is a member of a partnership or association or is an19-26
officer of a corporation, the name and address of the principal office of the19-27
partnership, association or corporation.19-28
7. Any other information relating to the qualifications or background19-29
of the applicant that the division requires.19-30
Sec. 18. NRS 645D.200 is hereby amended to read as follows: 645D.200 1. The administrator shall issue a certificate to any person19-32
who:19-33
(a) Is of good moral character, honesty and integrity;19-34
(b) Has the education and experience prescribed in the regulations19-35
adopted pursuant to NRS 645D.120;19-36
(c) Has submitted proof that he or his employer holds a policy of19-37
insurance that complies with the requirements of subsection 1 of NRS19-38
645D.19019-39
(d) Has submitted the statement required pursuant to section 15 of this19-40
act.19-41
2. The administrator may deny an application for a certificate to any19-42
person who:20-1
(a) Has been convicted of, or entered a plea of guilty or nolo contendere20-2
to, forgery, embezzlement, obtaining money under false pretenses, larceny,20-3
extortion, conspiracy to defraud or any crime involving moral turpitude;20-4
(b) Makes a false statement of a material fact on his application;20-5
(c) Has had a certificate suspended or revoked pursuant to this chapter20-6
within the 10 years immediately preceding the date of his application; or20-7
(d) Has not submitted proof that he or his employer holds a policy of20-8
insurance that complies with the requirements of subsection 1 of NRS20-9
645D.190.20-10
Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of20-11
this act expire by limitation on the date on which the provisions of 4220-12
U.S.C. § 666 requiring each state to establish procedures under which the20-13
state has authority to withhold or suspend, or to restrict the use of20-14
professional, occupational and recreational licenses of persons who:20-15
1. Have failed to comply with a subpoena or warrant relating to a20-16
proceeding to determine the paternity of a child or to establish or enforce20-17
an obligation for the support of a child; or20-18
2. Are in arrears in the payment for the support of one or more20-19
children,20-20
are repealed by the Congress of the United States.20-21
Sec. 20. This act becomes effective upon passage and approval.~