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 [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 Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; 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. NRS 1.390 is hereby amended to read as follows:

1-2 1.390 1. Each member of the commission on judicial selection who

1-3 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 of

1-5 the commission.

1-6 2. While engaged in the business of the commission, each member and

1-7 employee of the commission is entitled to receive the per diem allowance

1-8 and travel expenses provided for state officers and employees generally.

1-9 Sec. 2. NRS 104.9105 is hereby amended to read as follows:

1-10 104.9105 1. As used in this article, unless the context otherwise

1-11 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 a

1-15 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 not

1-17 chattel paper. When a transaction is evidenced both by such a security

2-1 agreement or a lease and by an instrument or a series of instruments, the

2-2 group of writings taken together constitutes chattel paper.

2-3 (c) "Collateral" means the property subject to a security interest, and

2-4 includes accounts and chattel paper which have been sold.

2-5 (d) "Debtor" means the person who owes payment or other

2-6 performance of the obligation secured, whether or not he owns or has

2-7 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 the

2-10 article dealing with the collateral, the obligor in any provision dealing with

2-11 the obligation, and may include both where the context so requires.

2-12 (e) "Deposit account" means a demand, time, savings, passbook or like

2-13 account maintained with a bank, savings and loan association, credit union

2-14 or like organization, other than an account evidenced by a certificate of

2-15 deposit.

2-16 (f) "Document" means document of title as defined in the general

2-17 definitions of article 1 (NRS 104.1201), and a receipt of the kind described

2-18 in subsection 2 of NRS 104.7201.

2-19 (g) "Encumbrance" includes real estate mortgages and other liens on

2-20 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 the

2-22 security interest attaches or which are fixtures (NRS 104.9313), but does

2-23 not include money, documents, instruments, investment property,

2-24 accounts, chattel paper, general intangibles or minerals or the like

2-25 (including oil and gas) before extraction. "Goods" also include standing

2-26 timber which is to be cut and removed under a conveyance or contract for

2-27 sale, the unborn young of animals and growing crops.

2-28 (i) "Instrument" means a negotiable instrument (defined in NRS

2-29 104.3104) or any other writing which evidences a right to the payment of

2-30 money and is not itself a security agreement or lease and is of a type which

2-31 is in ordinary course of business transferred by delivery with any necessary

2-32 endorsement or assignment. The term does not include investment

2-33 property.

2-34 (j) "Mortgage" means a consensual interest created by a real estate

2-35 mortgage, a trust deed on real estate or the like.

2-36 (k) An advance is made "pursuant to commitment" if the secured party

2-37 has bound himself to make it, whether or not a subsequent event of default

2-38 or other event not within his control has relieved or may relieve him from

2-39 his obligation.

2-40 (l) "Security agreement" means an agreement which creates or provides

2-41 for a security interest.

2-42 (m) "Secured party" means a lender, seller or other person in whose

2-43 favor there is a security interest, including a person to whom accounts or

3-1 chattel paper have been sold. When the holders of obligations issued under

3-2 an indenture of trust, equipment trust agreement or the like are represented

3-3 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 which

3-5 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." Subsection [5] 3 of NRS 104.9301.

3-22 "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 of

4-3 construction and interpretation applicable throughout this article.

4-4 Sec. 3. NRS 176A.500 is hereby amended to read as follows:

4-5 176A.500 1. The period of probation or suspension of sentence may

4-6 be indeterminate or may be fixed by the court and may at any time be

4-7 extended or terminated by the court, but the period, including any

4-8 extensions thereof, must not be more than:

4-9 (a) Three years for a:

4-10 (1) Gross misdemeanor; or

4-11 (2) Suspension of sentence pursuant to NRS 453.3363; or

4-12 (b) Five years for a felony . [, except that for a felony involving a

4-13 violation of the provisions of NRS 484.3795 the period must not be more

4-14 than 10 years.]

4-15 2. At any time during probation or suspension of sentence, the court

4-16 may issue a warrant for violating any of the conditions of probation or

4-17 suspension of sentence and cause the defendant to be arrested. Except for

4-18 the purpose of giving a dishonorable discharge from probation, and except

4-19 as otherwise provided in this subsection, the time during which a warrant

4-20 for violating any of the conditions of probation is in effect is not part of the

4-21 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 of

4-23 probation.

4-24 3. Any parole and probation officer or any peace officer with power to

4-25 arrest may arrest a probationer without a warrant, or may deputize any

4-26 other officer with power to arrest to do so by giving him a written

4-27 statement setting forth that the probationer has, in the judgment of the

4-28 parole and probation officer, violated the conditions of probation. Except

4-29 as otherwise provided in subsection 4, the parole and probation officer, or

4-30 the peace officer, after making an arrest shall present to the detaining

4-31 authorities, if any, a statement of the charges against the probationer. The

4-32 parole and probation officer shall at once notify the court which granted

4-33 probation of the arrest and detention or residential confinement of the

4-34 probationer and shall submit a report in writing showing in what manner

4-35 the probationer has violated the conditions of probation.

4-36 4. A parole and probation officer or a peace officer may immediately

4-37 release from custody without any further proceedings any person he arrests

4-38 without a warrant for violating a condition of probation if the parole and

4-39 probation officer or peace officer determines that there is no probable

4-40 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:

4-42 201.020 1. A husband or wife who, without just cause, deserts,

4-43 willfully neglects or refuses to provide for the support and maintenance of

5-1 his spouse in destitute or necessitous circumstances, or any parent who

5-2 without lawful excuse deserts or willfully neglects or refuses to provide for

5-3 the support and maintenance of his legitimate or illegitimate minor child or

5-4 children, or any parent who without lawful excuse deserts or willfully

5-5 neglects or refuses to provide for the support and maintenance of his

5-6 legitimate or illegitimate child or children who upon arriving at the age of

5-7 majority are unable to provide themselves with support and maintenance

5-8 because of infirmity, incompetency or other legal disability contracted

5-9 before their reaching the age of majority, shall be punished:

5-10 (a) [If] For the first offense, if the conduct for which the defendant was

5-11 convicted persisted for less than 6 months, for a misdemeanor or, if such

5-12 conduct persisted for more than 6 months, for a gross misdemeanor or, if

5-13 for more than 1 year, for a category C felony by imprisonment in the state

5-14 prison for a minimum term of not less than 1 year and a maximum term of

5-15 not more than 5 years, or by a fine of not more than $5,000, or by both fine

5-16 and imprisonment.

5-17 (b) For any subsequent offense for a category C felony as provided in

5-18 NRS 193.130.

5-19 2. In addition to other orders which the court may make relative to the

5-20 defendant’s obligation to provide support to his spouse and children, the

5-21 court may impose an intermittent sentence on a person found guilty of a

5-22 violation of subsection 1 if it finds that such a sentence would be in the

5-23 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:

5-25 202.350 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 which

5-28 is made an integral part of a belt buckle or any instrument or weapon of the

5-29 kind commonly known as a switchblade knife, blackjack, slung shot, billy,

5-30 sand-club, sandbag or metal knuckles; or

5-31 (b) Except as otherwise provided in subsection 4, carry concealed upon

5-32 his person any:

5-33 (1) Explosive substance, other than ammunition or any components

5-34 thereof;

5-35 (2) Dirk, dagger or machete;

5-36 (3) Pistol, revolver or other firearm, or other dangerous or deadly

5-37 weapon; or

5-38 (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 person

5-41 of another; or

5-42 (b) Machine gun or a silencer.

6-1 3. Except as otherwise provided in NRS 202.275 and 212.185, a

6-2 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 be

6-5 punished as provided in NRS 193.130.

6-6 4. Except as otherwise provided in this subsection and NRS 202.3653

6-7 to 202.369, inclusive, the sheriff of any county may, upon written

6-8 application by a resident of that county showing the reason or the purpose

6-9 for which a concealed [weapon] firearm is to be carried, issue a permit

6-10 authorizing the applicant to carry in this state the concealed [weapon]

6-11 firearm described in the permit. The sheriff shall not issue a permit to a

6-12 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 other

6-16 appointed officers.

6-17 (b) Any person summoned by any peace officer to assist in making

6-18 arrests or preserving the peace while the person so summoned is actually

6-19 engaged in assisting such an officer.

6-20 (c) Any full-time paid peace officer of an agency of the United States or

6-21 another state or political subdivision thereof when carrying out official

6-22 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 former

6-25 peace officer who is retired for disability unless his former employer has

6-26 approved his fitness to carry a concealed [weapon.] firearm.

6-27 7. The provisions of paragraph (b) of subsection 2 do not apply to any

6-28 person who is licensed, authorized or permitted to possess or use a

6-29 machine gun or silencer pursuant to federal law. The burden of

6-30 establishing federal licensure, authorization or permission is upon the

6-31 person possessing the license, authorization or permission.

6-32 8. As used in this section:

6-33 (a) "Concealed [weapon"] firearm" has the meaning ascribed to it in

6-34 subsection 1 of NRS 202.3653.

6-35 (b) "Honorably retired" means retired in Nevada after completion of 10

6-36 years of creditable service as a member of the public employees’

6-37 retirement system. A former peace officer is not "honorably retired" if he

6-38 was discharged for cause or resigned before the final disposition of

6-39 allegations of serious misconduct.

6-40 (c) "Machine gun" means any weapon which shoots, is designed to

6-41 shoot or can be readily restored to shoot more than one shot, without

6-42 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 a

7-3 weapon in forms of Oriental combat.

7-4 (e) "Silencer" means any device for silencing, muffling or diminishing

7-5 the report of a firearm, including any combination of parts, designed or

7-6 redesigned, and intended for use in assembling or fabricating a silencer or

7-7 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 or

7-9 any other knife having the appearance of a pocket knife, any blade of

7-10 which is 2 or more inches long and which can be released automatically by

7-11 a flick of a button, pressure on the handle or other mechanical device, or is

7-12 released by any type of mechanism.

7-13 (g) "Trefoil" means an instrument consisting of a metal plate having

7-14 three or more radiating points with sharp edges, designed in the shape of a

7-15 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:

7-17 239.010 1. All public books and public records of a governmental

7-18 entity, the contents of which are not otherwise declared by law to be

7-19 confidential, must be open at all times during office hours to inspection by

7-20 any person, and may be fully copied or an abstract or memorandum may

7-21 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 with

7-23 copies, abstracts or memoranda of the records or may be used in any other

7-24 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 laws

7-26 governing copyrights or enlarge, diminish or affect in any other manner

7-27 the rights of a person in any written book or record which is copyrighted

7-28 pursuant to federal law.

7-29 2. A governmental entity may not reject a book or record which is

7-30 copyrighted solely because it is copyrighted.

7-31 3. A person may request a copy of a public record in any medium in

7-32 which the public record is readily available. An officer, employee or agent

7-33 of a governmental entity who has custody of a public record shall not

7-34 refuse to provide a copy of that public record in a readily available

7-35 medium because he has already prepared or would prefer to provide the

7-36 copy in a different medium.

7-37 [4. As used in this section:

7-38 (a) "Educational foundation" has the meaning ascribed to it in

7-39 subsection 3 of NRS 388.750.

7-40 (b) "University foundation" has the meaning ascribed to it in subsection

7-41 3 of NRS 396.405.]

7-42 Sec. 7. NRS 271.515 is hereby amended to read as follows:

7-43 271.515 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 or

8-3 times, but in no event commencing later than 1 year nor exceeding 20

8-4 years from their date;

8-5 (c) Must bear interest which may be evidenced by one or two sets of

8-6 coupons, payable annually or semiannually, except that the first coupon or

8-7 coupons on any bond may represent interest for any period not in excess of

8-8 1 year;

8-9 (d) Must be payable in such medium of payment at such place or places

8-10 within and without the state, including , but not limited to , the office of the

8-11 county treasurer; and

8-12 (e) At the option of the governing body, may be made subject to prior

8-13 redemption in advance of maturity, in such order or by lot or otherwise, at

8-14 such time or times, without or with the payment of a premium or premiums

8-15 not exceeding 9 percent of the principal amount of each bond so
8-16 redeemed,

8-17 as provided by ordinance.

8-18 2. Bonds may be issued with privileges for registration for payment as

8-19 to principal, or both principal and interest, and where interest accruing on

8-20 the bonds is not represented by interest coupons, the bonds may provide

8-21 for the endorsing of payments of interest thereon; and the bonds generally

8-22 must be issued in such manner, in such form, with such recitals, terms,

8-23 covenants and conditions, with such provisions for conversion into bonds

8-24 of other denominations, and with such other details, as may be provided by

8-25 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 temporary

8-28 bonds, in such form and with such provisions as the governing body may

8-29 determine, may be issued.

8-30 4. Except for payment provisions herein expressly provided, the

8-31 bonds, any interest coupons thereto attached, and such interim or

8-32 temporary bonds must be fully negotiable within the meaning of and for all

8-33 the purposes of the [Negotiable Instruments Law] Uniform Commercial

8-34 Code—Negotiable Instruments and the Uniform Commercial Code—

8-35 Investment Securities.

8-36 5. Notwithstanding any other provisions of law, the governing body, in

8-37 any proceedings authorizing bonds hereunder, may:

8-38 (a) Provide for the initial issuance of one or more bonds (in this

8-39 subsection 5 called "bond") aggregating the amount of the entire issue or

8-40 any portion thereof.

8-41 (b) Make such provision for installment payments of the principal

8-42 amount of any such bond as it may consider desirable.

9-1 (c) Provide for the making of any such bond payable to bearer or

9-2 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 and

9-6 circumstances in and under which any such bond may in the future, at the

9-7 request of the holder thereof, be converted into bonds of larger or smaller

9-8 denominations, which bonds of larger or smaller denominations may in

9-9 turn be either coupon bonds or bonds registrable as to principal, or both

9-10 principal and interest, or either, at the option of the holder.

9-11 6. Any bonds may be issued hereunder with provisions for their

9-12 reissuance, and the terms and conditions thereof, whether lost, apparently

9-13 destroyed, wrongfully taken, or for any other reason, as provided in the

9-14 Uniform Commercial Code—Investment Securities, or otherwise.

9-15 7. Any bond must be executed in the name of and on behalf of the

9-16 municipality and signed by the mayor, chairman, or other presiding officer

9-17 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 bear

9-21 the original or facsimile signature of the treasurer.

9-22 9. Any bond may be executed as provided in the Uniform Facsimile

9-23 Signatures of Public Officials Act . [(and compliance] Compliance

9-24 therewith is not a condition precedent to the execution of any coupon with

9-25 a facsimile signature . [).]

9-26 10. The bonds and coupons, bearing the signatures of the officers in

9-27 office at the time of the signing thereof, are the valid and binding

9-28 obligations of the municipality, notwithstanding that before the delivery

9-29 thereof and payment therefor, any or all of the persons whose signatures

9-30 appear thereon have ceased to fill their respective offices.

9-31 11. Any officer herein authorized or permitted to sign any bond, at the

9-32 time of its execution and of the execution of a signature certificate, may

9-33 adopt as and for his own facsimile signature the facsimile signature of his

9-34 predecessor in office in the event that such facsimile signature appears

9-35 upon the bond or coupons pertaining thereto, or upon both the bond and

9-36 such coupons.

9-37 Sec. 8. NRS 422.2352 is hereby amended to read as follows:

9-38 422.2352 As used in NRS 422.2352 to 422.2374, inclusive, 422.301 to

9-39 422.306, inclusive, and 422.380 to 422.390, inclusive, [and 422.580,]

9-40 unless the context otherwise requires, "administrator" means the

9-41 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 highly

10-2 hazardous, if present in the quantity designated after each substance or a

10-3 greater quantity:

10-4 Number Assigned

10-5 by Chemical Quantity

10-6 Chemical Name of Substance Abstract Service (In pounds)

10-7 Acetaldehyde 75-07-0 2500

10-8 Acrolein (2-Propenal) 107-02-8 150

10-9 Acrylyl Chloride 814-68-6 250

10-10 Allyl Chloride 107-05-1 1000

10-11 Allylamine 107-11-9 1500

10-12 Alkylaluminums None 5000

10-13 Ammonia, Anhydrous 7664-41-7 5000

10-14 Ammonia solutions (44% ammonia by

10-15 weight) 7664-41-7 10000

10-16 Ammonium Perchlorate 7790-98-9 7500

10-17 Ammonium Permanganate 7787-36-2 7500

10-18 Arsine (also called Arsenic Hydride) 7784-42-1 100

10-19 Bis (Chloromethyl) Ether 542-88-1 100

10-20 Boron Trichloride 10294-34-5 2500

10-21 Boron Trifluoride 7637-07-2 250

10-22 Bromine 7726-95-6 1500

10-23 Bromine Chloride 13863-41-7 1500

10-24 Bromine Pentafluoride 7789-30-2 2500

10-25 Bromine Trifluoride 7787-71-5 15000

10-26 3-Bromopropyne (also called Propargyl

10-27 Bromide) 106-96-7 7500

10-28 Butyl Hydroperoxide (Tertiary) 75-91-2 5000

10-29 Butyl Perbenzoate (Tertiary) 614-45-9 7500

10-30 Carbonyl Chloride (see Phosgene) 75-44-5 100

10-31 Carbonyl Fluoride 353-50-4 2500

10-32 Cellulose Nitrate (concentration 12.6%

10-33 Nitrogen) 9004-70-0 2500

10-34 Chlorine 7782-50-5 1500

10-35 Chlorine Dioxide 10049-04-4 1000

10-36 Chlorine Pentafluoride 13637-63-3 1000

10-37 Chlorine Trifluoride 7790-91-2 1000

10-38 Chlorodiethylaluminum (also called

10-39 Diethylaluminum Chloride) 96-10-6 5000

10-40 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000

10-41 Chloromethyl Methyl Ether 107-30-2 500

10-42 Chloropicrin 76-06-2 500

11-1 Chloropicrin and Methyl Bromide mixture None 1500

11-2 Chloropicrin and Methyl Chloride mixture None 1500

11-3 Cumene Hydroperoxide 80-15-9 5000

11-4 Cyanogen 460-19-5 2500

11-5 Cyanogen Chloride 506-77-4 500

11-6 Cyanuric Fluoride 675-14-9 100

11-7 Diacetyl Peroxide (concentration 70%) 110-22-5 5000

11-8 Diazomethane 334-88-3 500

11-9 Dibenzoyl Peroxide 94-36-0 7500

11-10 Diborane 19287-45-7 100

11-11 Dibutyl Peroxide (Tertiary) 110-05-4 5000

11-12 Dichloro Acetylene 7572-29-4 250

11-13 Dichlorosilane 4109-96-0 2500

11-14 Diethylzinc 557-20-0 10000

11-15 Diisopropyl Peroxydicarbonate 105-64-6 7500

11-16 Dilauroyl Peroxide 105-74-8 7500

11-17 Dimethyl Sulfide 75-18-3 100

11-18 Dimethyldichlorosilane 75-78-5 1000

11-19 Dimethylhydrazine, 1.1- 57-14-7 1000

11-20 Dimethylamine, Anhydrous 124-40-3 2500

11-21 Ethyl Methyl Ketone Peroxide (also Methyl

11-22 Ethyl Ketone Peroxide; concentration

11-23 60%) 1338-23-4 5000

11-24 Ethyl Nitrite 109-95-5 5000

11-25 Ethylamine 75-04-7 7500

11-26 Ethylene Fluorohydrin 371-62-0 100

11-27 Ethylene Oxide 75-21-8 5000

11-28 Ethyleneimine 151-56-4 1000

11-29 Fluorine 7782-41-4 1000

11-30 Formaldehyde (concentration 90%) 50-00-0 1000

11-31 Furan 110-00-9 500

11-32 Hexafluoroacetone 684-16-2 5000

11-33 Hydrochloric Acid, Anhydrous 7647-01-0 5000

11-34 Hydrofluoric Acid, Anhydrous 7664-39-3 1000

11-35 Hydrogen Bromide 10035-10-6 5000

11-36 Hydrogen Chloride 7647-01-0 5000

11-37 Hydrogen Cyanide, Anhydrous 74-90-8 1000

11-38 Hydrogen Fluoride 7664-39-3 1000

11-39 Hydrogen Peroxide (52% by weight or more) 7722-84-111-40 7500

11-41 Hydrogen Selenide 7783-07-5 150

11-42 Hydrogen Sulfide 7783-06-4 1500

11-43 Hydroxylamine 7803-49-8 2500

11-44 Iron, Pentacarbonyl- 13463-40-6 250

12-1 Isopropyl Formate 625-55-8 500

12-2 Isopropylamine 75-31-0 5000

12-3 Ketene 463-51-4 100

12-4 Methacrylaldehyde 78-85-3 1000

12-5 Methacryloyl Chloride 920-46-7 150

12-6 Methacryloyloxyethyl Isocyanate 30674-80-7 100

12-7 Methyl Acrylonitrile 126-98-7 250

12-8 Methylamine, Anhydrous 74-89-5 1000

12-9 Methyl Bromide 74-83-9 2500

12-10 Methyl Chloride 74-87-3 15000

12-11 Methyl Chloroformate 79-22-1 500

12-12 Methyl Disulfide 624-92-0 100

12-13 Methyl Ethyl Ketone Peroxide

12-14 [(concentration] (also Ethyl Methyl

12-15 Ketone Peroxide; concentration

12-16 60%) 1338-23-4 5000

12-17 Methyl Fluoroacetate 453-18-9 100

12-18 Methyl Fluorosulfate 421-20-5 100

12-19 Methyl Hydrazine 60-34-4 100

12-20 Methyl Iodide 74-88-4 7500

12-21 Methyl Isocyanate 624-83-9 250

12-22 Methyl Mercaptan 74-93-1 5000

12-23 Methyl Vinyl Ketone 78-94-4 100

12-24 Methyltrichlorosilane 75-79-6 500

12-25 Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150

12-26 Nitric Acid (94.5% by weight or greater) 7697-37-2 500

12-27 Nitric Oxide 10102-43-9 250

12-28 Nitroaniline (para Nitroaniline) 100-01-6 5000

12-29 Nitromethane 75-52-5 2500

12-30 Nitrogen Dioxide 10102-44-0 250

12-31 Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 250

12-32 Nitrogen Tetroxide (also called Nitrogen

12-33 Peroxide) 10544-72-6 250

12-34 Nitrogen Trifluoride 7783-54-2 5000

12-35 Nitrogen Trioxide 10544-73-7 250

12-36 Oleum (65% or greater by weight of sulfur

12-37 trioxide; also called Fuming Sulfuric

12-38 Acid) 8014-95-7 1000

12-39 Osmium Tetroxide 20816-12-0 100

12-40 Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100

12-41 Ozone 10028-15-6 100

12-42 Pentaborane 19624-22-7 100

13-1 Peracetic Acid (also called Peroxyacetic

13-2 Acid) 79-21-0 5000

13-3 Perchloric Acid (concentration 60%) 7601-90-3 5000

13-4 Perchloromethyl Mercaptan 594-42-3 150

13-5 Perchloryl Fluoride 7616-94-6 5000

13-6 Peroxyacetic Acid (concentration 60%; also

13-7 called Peracetic Acid) 79-21-0 5000

13-8 Phosgene (also called Carbonyl Chloride) 75-44-5 100

13-9 Phosphine (Hydrogen Phosphide) 7803-51-2 100

13-10 Phosphorus Oxychloride (also called

13-11 Phosphoryl Chloride) 10025-87-3 1000

13-12 Phosphorus Trichloride 7719-12-2 1000

13-13 Phosphoryl Chloride (also called Phosphorus

13-14 Oxychloride) 10025-87-3 1000

13-15 Propargyl Bromide (also called

13-16 3-Bromopropyne) 106-96-7 7500

13-17 Propyl Nitrate 627-13-4 2500

13-18 Sarin 107-44-8 100

13-19 Selenium Hexafluoride 7783-79-1 1000

13-20 Stibine (Antimony Hydride) 7803-52-3 500

13-21 Sulfur Dioxide (liquid) 7446-09-5 1000

13-22 Sulfur Pentafluoride 5714-22-7 250

13-23 Sulfur Tetrafluoride 7783-60-0 250

13-24 Sulfur Trioxide (also called Sulfuric

13-25 Anhydride) 7446-11-9 1000

13-26 Sulfuric Anhydride (also called Sulfur

13-27 Trioxide) 7446-11-9 1000

13-28 Tellurium Hexafluoride 7783-80-4 250

13-29 Tetrafluoroethylene 116-14-3 5000

13-30 Tetrafluorohydrazine 10036-47-2 5000

13-31 Tetramethyl Lead 75-74-1 7500

13-32 Thionyl Chloride 7719-09-7 250

13-33 Titanium Tetrachloride 7550-45-0 2500

13-34 Trichloro(chloromethyl) Silane 1558-25-4 100

13-35 Trichloro(dichlorophenyl) Silane 27137-85-5 2500

13-36 Trichlorosilane 10025-78-2 5000

13-37 Trifluorochloroethylene 79-38-9 10000

13-38 Trimethyoxysilane 2487-90-3 1500

13-39 2. The division, in consultation with the health districts created

13-40 pursuant to NRS 439.370, the health division of the department of human

13-41 resources and the division of industrial relations of the department of

13-42 business and industry, shall regularly examine the sources of information

14-1 available to it with regard to potentially highly hazardous substances. The

14-2 division shall, by regulation, add to the list of highly hazardous substances

14-3 any chemical that is identified as being used, manufactured, stored, or

14-4 capable of being produced, at a facility, in sufficient quantities at a single

14-5 site, that its release into the environment would produce a significant

14-6 likelihood that persons exposed would suffer death or substantial bodily

14-7 harm as a consequence of the exposure.

14-8 Sec. 10. NRS 482.181 is hereby amended to read as follows:

14-9 482.181 1. Except as otherwise provided in subsection 4, the

14-10 department shall certify monthly to the state board of examiners the

14-11 amount of the basic and supplemental privilege taxes collected for each

14-12 county by the department and its agents during the preceding month, and

14-13 that money must be distributed monthly as provided in this section.

14-14 2. Any supplemental privilege tax collected for a county must be

14-15 distributed only to the county, to be used as provided in NRS 371.045 and

14-16 371.047.

14-17 3. The distribution of the basic privilege tax within a county must be

14-18 made to local governments, special districts and enterprise districts

14-19 pursuant to the provisions of NRS 360.680 and 360.690. The distribution

14-20 of the basic privilege tax must be made to the county school district within

14-21 the county before the distribution of the basic privilege tax pursuant to the

14-22 provisions of NRS 360.680 and 360.690 and in the same ratio as all

14-23 property taxes were levied in the county in the previous fiscal year, but the

14-24 State of Nevada is not entitled to share in that distribution. For the purpose

14-25 of calculating the amount of basic privilege tax to be distributed to the

14-26 county school district, the taxes levied by each local government, special

14-27 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 July

14-30 1, 1980, except that the tax rate for school districts, including the rate

14-31 attributable to a district’s debt service, is the rate established pursuant to

14-32 NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate

14-33 attributable to a district’s debt service in any fiscal year is greater than its

14-34 rate for the fiscal year beginning on July 1, 1978, the higher rate must be

14-35 used to determine the amount attributable to debt service.

14-36 4. An amount equal to any basic privilege tax distributed to a

14-37 redevelopment agency in the fiscal year 1987-1988 must continue to be

14-38 distributed to that agency [or area] as long as it exists but must not be

14-39 increased.

14-40 5. The department shall make distributions of basic privilege tax

14-41 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:

16-2 483.495 The department shall by regulation:

16-3 1. Except as otherwise provided in paragraph (h) of subsection 1 of

16-4 NRS 62.211, [subsection 7 of NRS 62.224,] and NRS 62.2263 and 62.227,

16-5 set forth any tests and other requirements which are a condition for the

16-6 reinstatement of a license after any suspension, revocation, cancellation or

16-7 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 a

16-9 motor vehicle; and

16-10 (b) May allow for the waiver of certain tests or requirements as the

16-11 department deems necessary.

16-12 2. Set forth the circumstances under which the administrator may, for

16-13 good cause shown, rescind the revocation, suspension or cancellation of a

16-14 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:

16-16 581.500 1. The [council,] advisory council on the metric system,

16-17 consisting of seven members appointed by the governor, is hereby created

16-18 within the division of agriculture of the department of business and

16-19 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 and

16-27 Community College System of Nevada.

16-28 (g) One member from the faculty of a public elementary or secondary

16-29 school.

16-30 Sec. 13. NRS 612.090 is hereby amended to read as follows:

16-31 612.090 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 quarter

16-34 of the current calendar year or preceding calendar year to persons

16-35 employed in agricultural labor; or

16-36 (2) Employed 10 or more persons in agricultural labor some portion

16-37 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 not

16-39 the weeks were consecutive or the persons were employed at the same

16-40 moment of time; and

16-41 (b) The services are performed:

16-42 (1) On a farm, in the employ of any person, in connection with

16-43 cultivating the soil, or in connection with raising or harvesting any

17-1 agricultural or horticultural commodity, including the raising, shearing,

17-2 feeding, caring for, training and management of livestock, bees, poultry

17-3 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, improvement

17-6 or maintenance of the farm and its tools and equipment, or in salvaging

17-7 timber or clearing land of brush and other debris left by a hurricane, if the

17-8 major part of the service is performed on a farm.

17-9 (3) In connection with the production or harvesting of any

17-10 commodity defined as an agricultural commodity in section 15(g) of the

17-11 Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the

17-12 ginning of cotton, or in connection with the operation or maintenance of

17-13 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) [In] Except as otherwise provided in subsection 2, in the employ

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, any

17-19 agricultural or horticultural commodity, but only if the operator produced

17-20 more than one-half of the commodity with respect to which such service is

17-21 performed.

17-22 (5) [In] Except as otherwise provided in subsection 2, in the employ

17-23 of a group of operators of farms, or a cooperative organization of which

17-24 such operators are members, in the performance of service described in

17-25 subparagraph (4), but only if such operators produced more than one-half

17-26 of the commodity with respect to which such service is performed.

17-27 [The provisions of subparagraphs (4) and (5) do not apply to service

17-28 performed in connection with commercial canning or commercial freezing

17-29 or in connection with any agricultural or horticultural commodity after its

17-30 delivery to a terminal market for distribution for consumption.]

17-31 (6) On a farm operated for profit although the service is not in the

17-32 course of the employer’s trade or business.

17-33 2. The provisions of subparagraphs (4) and (5) of paragraph (b) of

17-34 subsection 1 do not apply to service performed in connection with

17-35 commercial canning or commercial freezing or in connection with any

17-36 agricultural or horticultural commodity after its delivery to a terminal

17-37 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 for

17-41 raising agricultural or horticultural commodities, and orchards.

17-42 [3.] 4. The provisions of this section do not apply to services

17-43 performed before January 1, 1980, by an alien admitted to the United

18-1 States to perform agricultural labor pursuant to sections 214(c) and

18-2 101(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 thereto

18-5 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 a

18-7 certificate shall submit to the administrator the statement prescribed by

18-8 the welfare division of the department of human resources pursuant to

18-9 NRS 425.520. The statement must be completed and signed by the

18-10 applicant.

18-11 2. The administrator shall include the statement required pursuant to

18-12 subsection 1 in:

18-13 (a) The application or any other forms that must be submitted for the

18-14 issuance or renewal of the certificate; or

18-15 (b) A separate form prescribed by the administrator.

18-16 3. A certificate may not be issued or renewed by the administrator if

18-17 the applicant:

18-18 (a) Fails to submit the statement required pursuant to subsection 1; or

18-19 (b) Indicates on the statement submitted pursuant to subsection 1 that

18-20 he is subject to a court order for the support of a child and is not in

18-21 compliance with the order or a plan approved by the district attorney or

18-22 other public agency enforcing the order for the repayment of the amount

18-23 owed pursuant to the order.

18-24 4. If an applicant indicates on the statement submitted pursuant to

18-25 subsection 1 that he is subject to a court order for the support of a child

18-26 and is not in compliance with the order or a plan approved by the district

18-27 attorney or other public agency enforcing the order for the repayment of

18-28 the amount owed pursuant to the order, the administrator shall advise the

18-29 applicant to contact the district attorney or other public agency enforcing

18-30 the order to determine the actions that the applicant may take to satisfy

18-31 the arrearage.

18-32 Sec. 16. 1. If the administrator receives a copy of a court order

18-33 issued pursuant to NRS 425.540 that provides for the suspension of all

18-34 professional, occupational and recreational licenses, certificates and

18-35 permits issued to a certified inspector, the administrator shall deem the

18-36 certificate issued to that person to be suspended at the end of the 30th

18-37 day after the date on which the court order was issued unless the

18-38 administrator receives a letter issued to the certified inspector by the

18-39 district attorney or other public agency pursuant to NRS 425.550 stating

18-40 that the certified inspector has complied with the subpoena or warrant or

18-41 has satisfied the arrearage pursuant to NRS 425.560.

18-42 2. The administrator shall reinstate a certificate that has been

18-43 suspended by a district court pursuant to NRS 425.540 if the

19-1 administrator receives a letter issued by the district attorney or other

19-2 public agency pursuant to NRS 425.550 to the person whose certificate

19-3 was suspended stating that the person whose certificate was suspended

19-4 has complied with the subpoena or warrant or has satisfied the arrearage

19-5 pursuant to NRS 425.560.

19-6 Sec. 17. NRS 645D.170 is hereby amended to read as follows:

19-7 645D.170 An application for a certificate must be in writing upon a

19-8 form prepared and furnished by the division. The application must include

19-9 the following information:

19-10 1. The name, age , [and] address and social security number of the

19-11 applicant.

19-12 2. The place or places, including the street number, city and county, at

19-13 which the applicant intends to maintain an office to conduct business as an

19-14 inspector.

19-15 3. The business, occupation or other employment of the applicant

19-16 during the 5 years immediately preceding the date of the application, and

19-17 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 under

19-20 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 moral

19-24 turpitude.

19-25 6. If the applicant is a member of a partnership or association or is an

19-26 officer of a corporation, the name and address of the principal office of the

19-27 partnership, association or corporation.

19-28 7. Any other information relating to the qualifications or background

19-29 of the applicant that the division requires.

19-30 Sec. 18. NRS 645D.200 is hereby amended to read as follows:

19-31 645D.200 1. The administrator shall issue a certificate to any person

19-32 who:

19-33 (a) Is of good moral character, honesty and integrity;

19-34 (b) Has the education and experience prescribed in the regulations

19-35 adopted pursuant to NRS 645D.120; [and]

19-36 (c) Has submitted proof that he or his employer holds a policy of

19-37 insurance that complies with the requirements of subsection 1 of NRS

19-38 645D.190 [.] ; and

19-39 (d) Has submitted the statement required pursuant to section 15 of this

19-40 act.

19-41 2. The administrator may deny an application for a certificate to any

19-42 person who:

20-1 (a) Has been convicted of, or entered a plea of guilty or nolo contendere

20-2 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 chapter

20-6 within the 10 years immediately preceding the date of his application; or

20-7 (d) Has not submitted proof that he or his employer holds a policy of

20-8 insurance that complies with the requirements of subsection 1 of NRS

20-9 645D.190.

20-10 Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of

20-11 this act expire by limitation on the date on which the provisions of 42

20-12 U.S.C. § 666 requiring each state to establish procedures under which the

20-13 state has authority to withhold or suspend, or to restrict the use of

20-14 professional, occupational and recreational licenses of persons who:

20-15 1. Have failed to comply with a subpoena or warrant relating to a

20-16 proceeding to determine the paternity of a child or to establish or enforce

20-17 an obligation for the support of a child; or

20-18 2. Are in arrears in the payment for the support of one or more

20-19 children,

20-20 are repealed by the Congress of the United States.

20-21 Sec. 20. This act becomes effective upon passage and approval.

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