- Assembly Bill No. 645–Committee on Judiciary
CHAPTER........
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:
Section 1. NRS 1.390 is hereby amended to read as follows:
- 1.390 1. Each member of the commission
on judicial selection who
- is not a judicial officer is entitled to receive a salary of not more than $80,
- as fixed by the commission, for each day’s attendance at each meeting of
- the commission.
- 2. While engaged in the business of the commission, each member and
- employee of the commission is entitled to receive the per diem allowance
- and travel expenses provided for state officers and employees generally.
Sec. 1.1. NRS 2.250 is hereby amended to read as follows:
- 2.250 1. The clerk of the supreme court may demand and receive for
- his services rendered in discharging the duties imposed upon him by law
- the following fees:
- (a) Except as otherwise provided in paragraph (c), whenever an appeal
- is taken to the supreme court, or whenever a special proceeding by way of
- mandamus, certiorari, prohibition, quo warranto, habeas corpus, or
- otherwise is brought in or to the supreme court, the appellant and any cross-
- appellant or the party bringing a special proceeding shall, at or before the
- appeal, cross-appeal or petition for a special proceeding has been entered
- on the docket, pay to the clerk of the supreme court the sum of $200.
- (b) Except as otherwise provided in paragraph (c), a party to an appeal
- or special proceeding who petitions the supreme court for a rehearing shall,
- at the time of filing such a petition, pay to the clerk of the supreme court
- the sum of $100.
- (c) No fees may be charged by the clerk in:
- (1) Any action brought in or to the supreme court wherein the
[state,]
- State of Nevada
or any county, city or town thereof, or any officer or
- commission thereof is a party in his or its official or representative
- capacity, against the
[state,] State of Nevada, county, city, town, officer or
- commission;
- (2) A habeas corpus proceeding of a criminal or quasi-criminal
- nature; or
- (3) An appeal taken from, or a special proceeding arising out of, a
- criminal proceeding.
- (d) A fee of $60 for supreme court decisions in pamphlet form for each
- year, or a fee of $30 for less than a 6 months’ supply of decisions, to be
- collected from each person who requests such decisions, except those
- persons and agencies set forth in NRS 2.345. The clerk may charge a
- reasonable fee to all parties, including, without limitation, the persons and
- agencies set forth in NRS 2.345, for access to decisions of the supreme
- court compiled in an electronic format.
- (e) A fee from a person who requests a photostatic copy or a photocopy
- print of any paper or document in an amount determined by the justices of
- the supreme court.
- 2.
[No other fees may be charged than those specially set forth in this
- section nor may fees be charged for services other than those set forth in
- this section.] The clerk of the supreme court shall not charge any fee that
- is not authorized by law.
- 3. The clerk of the supreme court shall keep a fee book in which the
- clerk shall enter in detail the title of the matter, proceeding or action, and
- the fees charged therein. The fee book must be open to public inspection in
- the office of the clerk.
- 4. The clerk of the supreme court shall publish and post in some
- conspicuous place in his office a table of fees for public inspection. The
- clerk shall forfeit a sum of not less than $20 for each day of his omission to
- do so, which sum with costs may be recovered by any person by filing an
- action before any justice of the peace of the same county.
- 5. All fees prescribed in this section must be paid in advance, if
- demanded. If the clerk of the supreme court has not received any or all of
- the fees which are due to him for services rendered in any suit or
- proceeding, the clerk may have execution therefor in his own name against
- the party from whom they are due, to be issued from the supreme court
- upon order of a justice thereof or from the court upon affidavit filed.
- 6. The clerk of the supreme court shall give a receipt on demand of the
- party paying a fee. The receipt must specify the title of the cause in which
- the fee is paid and the date and the amount of the payment.
- 7. The clerk of the supreme court shall, when depositing with the state
- treasurer money received for court fees, render to the state treasurer a brief
- note of the cases in which the money was received.
Sec. 1.3. NRS 2.255 is hereby amended to read as follows:
- 2.255 If the clerk of the supreme court:
- 1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250,
- he shall be fined in an amount not exceeding $1,000.
- 2. Takes greater fees than
[allowed under NRS 2.250,] authorized by
- law, he shall, upon conviction, be removed from office and fined in an
- amount not exceeding $1,000.
Sec. 1.5. NRS 4.080 is hereby amended to read as follows:
- 4.080
[No other fees may be charged by justices of the peace than
- those specifically set forth in this chapter, nor may fees be charged for any
- other services than those mentioned in this chapter.] A justice of the peace
- shall not charge any fee that is not authorized by law.
Sec. 1.7. NRS 19.070 is hereby amended to read as follows:
- 19.070
[No other fees shall be charged than those set forth in this
- chapter, nor shall fees be charged for any other services than those
- mentioned in this chapter.]
A county clerk shall not charge any fee that is
- not authorized by law.
Sec. 1.9. NRS 19.110 is hereby amended to read as follows:
19.110 If any county clerk
[shall take] takes more or greater fees than
are
[allowed in this chapter,] authorized by law, he shall be liable to
indictment, and on conviction shall be removed from office and fined in
any sum not exceeding $1,000
.
Sec. 2.
NRS 104.9105 is hereby amended to read as follows:
- 104.9105 1. As used in this article, unless the context otherwise
- requires:
- (a) "Account debtor" means the person who is obligated on an account,
- chattel paper or general intangible.
- (b) "Chattel paper" means a writing or writings which evidence both a
- monetary obligation and a security interest in or a lease of specific goods,
- but a charter or other contract involving the use or hire of a vessel is not
- chattel paper. When a transaction is evidenced both by such a security
- agreement or a lease and by an instrument or a series of instruments, the
- group of writings taken together constitutes chattel paper.
- (c) "Collateral" means the property subject to a security interest, and
- includes accounts and chattel paper which have been sold.
- (d) "Debtor" means the person who owes payment or other performance
- of the obligation secured, whether or not he owns or has rights in the
- collateral, and includes the seller of accounts or chattel paper. Where the
- debtor and the owner of the collateral are not the same person, the term
- "debtor" means the owner of the collateral in any provision of the article
- dealing with the collateral, the obligor in any provision dealing with the
- obligation, and may include both where the context so requires.
- (e) "Deposit account" means a demand, time, savings, passbook or like
- account maintained with a bank, savings and loan association, credit union
- or like organization, other than an account evidenced by a certificate of
- deposit.
- (f) "Document" means document of title as defined in the general
- definitions of article 1 (NRS 104.1201), and a receipt of the kind described
- in subsection 2 of NRS 104.7201.
- (g) "Encumbrance" includes real estate mortgages and other liens on
- real estate and all other rights in real estate that are not ownership interests.
- (h) "Goods" includes all things which are movable at the time the
- security interest attaches or which are fixtures (NRS 104.9313), but does
- not include money, documents, instruments, investment property, accounts,
- chattel paper, general intangibles or minerals or the like (including oil and
- gas) before extraction. "Goods" also include standing timber which is to be
- cut and removed under a conveyance or contract for sale, the unborn young
- of animals and growing crops.
- (i) "Instrument" means a negotiable instrument (defined in NRS
- 104.3104) or any other writing which evidences a right to the payment of
- money and is not itself a security agreement or lease and is of a type which
- is in ordinary course of business transferred by delivery with any necessary
- endorsement or assignment. The term does not include investment property.
- (j) "Mortgage" means a consensual interest created by a real estate
- mortgage, a trust deed on real estate or the like.
- (k) An advance is made "pursuant to commitment" if the secured party
- has bound himself to make it, whether or not a subsequent event of default
- or other event not within his control has relieved or may relieve him from
- his obligation.
- (l) "Security agreement" means an agreement which creates or provides
- for a security interest.
- (m) "Secured party" means a lender, seller or other person in whose
- favor there is a security interest, including a person to whom accounts or
- chattel paper have been sold. When the holders of obligations issued under
- an indenture of trust, equipment trust agreement or the like are represented
- by a trustee or other person, the representative is the secured party.
- 2. Other definitions applying to this article and the sections in which
- they appear are:
- "Account." NRS 104.9106.
- "Attach." NRS 104.9203.
- "Commodity contract." NRS 104.9115.
- "Commodity customer." NRS 104.9115.
- "Commodity intermediary." NRS 104.9115.
- "Construction mortgage." NRS 104.9313.
- "Consumer goods." Subsection 1 of NRS 104.9109.
- "Control." NRS 104.9115.
- "Equipment." Subsection 2 of NRS 104.9109.
- "Farm products." Subsection 3 of NRS 104.9109.
- "Fixture." NRS 104.9313.
- "Fixture filing." NRS 104.9313.
- "General intangibles." NRS 104.9106.
- "Inventory." Subsection 4 of NRS 104.9109.
- "Investment property." NRS 104.9115.
- "Lien creditor." Subsection
[5] 3 of NRS 104.9301.
- "Proceeds." Subsection 1 of NRS 104.9306.
- "Purchase money security interest." NRS 104.9107.
- "United States." NRS 104.9103.
- 3. The following definitions in other articles apply to this article:
- "Broker." NRS 104.8102.
- "Certificated security." NRS 104.8102.
- "Check." NRS 104.3104
- .
- "Contract for sale." NRS 104.2106.
- "Delivery." NRS 104.8301.
- "Financial asset." NRS 104.8102.
- "Holder in due course." NRS 104.3302.
- "Letter of credit." NRS 104.5102.
- "Note." NRS 104.3104.
- "Proceeds of a letter of credit." NRS 104.5114.
- "Sale." NRS 104.2106.
- "Securities intermediary." NRS 104.8102.
- "Security." NRS 104.8102.
- "Security certificate." NRS 104.8102.
- "Security entitlement." NRS 104.8102.
- "Uncertificated security." NRS 104.8102.
- 4. In addition, article 1 contains general definitions and principles of
- construction and interpretation applicable throughout this article.
Sec. 3. NRS 176A.500 is hereby amended to read as follows:
- 176A.500 1. The period of probation or suspension of sentence may
- be indeterminate or may be fixed by the court and may at any time be
- extended or terminated by the court, but the period, including any
- extensions thereof, must not be more than:
- (a) Three years for a:
- (1) Gross misdemeanor; or
- (2) Suspension of sentence pursuant to NRS 453.3363; or
- (b) Five years for a felony .
[, except that for a felony involving a
- violation of the provisions of NRS 484.3795 the period must not be more
- than 10 years.]
- 2. At any time during probation or suspension of sentence, the court
- may issue a warrant for violating any of the conditions of probation or
- suspension of sentence and cause the defendant to be arrested. Except for
- the purpose of giving a dishonorable discharge from probation, and except
- as otherwise provided in this subsection, the time during which a warrant
- for violating any of the conditions of probation is in effect is not part of the
- period of probation. If the warrant is canceled or probation is reinstated, the
- court may include any amount of that time as part of the period of
- probation.
- 3. Any parole and probation officer or any peace officer with power to
- arrest may arrest a probationer without a warrant, or may deputize any
- other officer with power to arrest to do so by giving him a written statement
- setting forth that the probationer has, in the judgment of the parole and
- probation officer, violated the conditions of probation. Except as otherwise
- provided in subsection 4, the parole and probation officer, or the peace
- officer, after making an arrest shall present to the detaining authorities, if
- any, a statement of the charges against the probationer. The parole and
- probation officer shall at once notify the court which granted probation of
- the arrest and detention or residential confinement of the probationer and
- shall submit a report in writing showing in what manner the probationer has
- violated the conditions of probation.
- 4. A parole and probation officer or a peace officer may immediately
- release from custody without any further proceedings any person he arrests
- without a warrant for violating a condition of probation if the parole and
- probation officer or peace officer determines that there is no probable cause
- to believe that the person violated the condition of probation.
Sec. 4. NRS 201.020 is hereby amended to read as follows:
- 201.020 1. A husband or wife who, without just cause, deserts,
- willfully neglects or refuses to provide for the support and maintenance of
- his spouse in destitute or necessitous circumstances, or any parent who
- without lawful excuse deserts or willfully neglects or refuses to provide for
- the support and maintenance of his legitimate or illegitimate minor child or
- children, or any parent who without lawful excuse deserts or willfully
- neglects or refuses to provide for the support and maintenance of his
- legitimate or illegitimate child or children who upon arriving at the age of
- majority are unable to provide themselves with support and maintenance
- because of infirmity, incompetency or other legal disability contracted
- before their reaching the age of majority, shall be punished:
- (a)
[If] For the first offense, if the conduct for which the defendant was
- convicted persisted for less than 6 months, for a misdemeanor or, if such
- conduct persisted for more than 6 months, for a gross misdemeanor or, if
- for more than 1 year, for a category C felony by imprisonment in the state
- prison for a minimum term of not less than 1 year and a maximum term of
- not more than 5 years, or by a fine of not more than $5,000, or by both fine
- and imprisonment.
- (b) For any subsequent offense for a category C felony as provided in
- NRS 193.130.
- 2. In addition to other orders which the court may make relative to the
- defendant’s obligation to provide support to his spouse and children, the
- court may impose an intermittent sentence on a person found guilty of a
- violation of subsection 1 if it finds that such a sentence would be in the best
- interest of the defendant’s spouse and child or children.
Sec. 5. NRS 202.350 is hereby amended to read as follows:
202.350 1. [It] Except as otherwise provided in this section and
NRS 202.3653 to 202.369, inclusive, it is unlawful for a person within this
state to:
- (a) Manufacture or cause to be manufactured, or import into the state, or
- keep, offer or expose for sale, or give, lend or possess any knife which is
- made an integral part of a belt buckle or any instrument or weapon of the
- kind commonly known as a switchblade knife, blackjack, slung shot, billy,
- sand-club, sandbag or metal knuckles; or
- (b)
[Except as otherwise provided in subsection 4, carry] Carry
- concealed upon his person any:
- (1) Explosive substance, other than ammunition or any components
- thereof;
- (2) Dirk, dagger or machete;
- (3) Pistol, revolver or other firearm, or other dangerous or deadly
- weapon; or
- (4) Knife which is made an integral part of a belt buckle.
- 2.
[It] Except as otherwise provided in this section, it is unlawful for a
- person to possess or use a:
- (a) Nunchaku or trefoil with the intent to inflict harm upon the person of
- another; or
- (b) Machine gun or a silencer.
- 3. Except as otherwise provided in NRS 202.275 and 212.185, a
- person who violates any of the provisions of subsection 1 or 2 is guilty:
- (a) For the first offense, of a gross misdemeanor.
- (b) For any subsequent offense, of a category D felony, and shall be
- punished as provided in NRS 193.130.
- 4. Except as otherwise provided in this subsection ,
[and NRS
- 202.3653 to 202.369, inclusive,] the sheriff of any county may, upon
- written application by a resident of that county showing the reason or the
- purpose for which a concealed weapon is to be carried, issue a permit
- authorizing the applicant to carry in this state the concealed weapon
- described in the permit. The sheriff shall not issue a permit to a person to
- carry a switchblade knife. This subsection does not authorize the sheriff to
- issue a permit to a person to carry a pistol, revolver or other firearm.
- 5.
[This] Except as otherwise provided in subsection 6, this section
- does not apply to:
- (a) Sheriffs, constables, marshals, peace officers, special police officers,
- police officers of this state, whether active or honorably retired, or other
- appointed officers.
- (b) Any person summoned by any peace officer to assist in making
- arrests or preserving the peace while the person so summoned is actually
- engaged in assisting such an officer.
- (c) Any full-time paid peace officer of an agency of the United States or
- another state or political subdivision thereof when carrying out official
- duties in the State of Nevada.
- (d) Members of the Armed Forces of the United States when on duty.
- 6. The exemptions provided in subsection 5 do not include a former
- peace officer who is retired for disability unless his former employer has
- approved his fitness to carry a concealed weapon.
- 7. The provisions of paragraph (b) of subsection 2 do not apply to any
- person who is licensed, authorized or permitted to possess or use a machine
- gun or silencer pursuant to federal law. The burden of establishing federal
- licensure, authorization or permission is upon the person possessing the
- license, authorization or permission.
- 8. As used in this section:
- (a) "Concealed weapon"
[has the meaning ascribed to it in subsection 1
- of NRS 202.3653.] means a weapon described in this section that is
- carried upon a person in such a manner as not to be discernible by
- ordinary observation.
- (b) "Honorably retired" means retired in Nevada after completion of 10
- years of creditable service as a member of the public employees’ retirement
- system. A former peace officer is not "honorably retired" if he was
- discharged for cause or resigned before the final disposition of allegations
- of serious misconduct.
- (c) "Machine gun" means any weapon which shoots, is designed to
- shoot or can be readily restored to shoot more than one shot, without
- manual reloading, by a single function of the trigger.
- (d) "Nunchaku" means an instrument consisting of two or more sticks,
- clubs, bars or rods connected by a rope, cord, wire or chain used as a
- weapon in forms of Oriental combat.
- (e) "Silencer" means any device for silencing, muffling or diminishing
- the report of a firearm, including any combination of parts, designed or
- redesigned, and intended for use in assembling or fabricating a silencer or
- muffler, and any part intended only for use in such assembly or fabrication.
- (f) "Switchblade knife" means a spring-blade knife, snap-blade knife or
- any other knife having the appearance of a pocket knife, any blade of which
- is 2 or more inches long and which can be released automatically by a flick
- of a button, pressure on the handle or other mechanical device, or is
- released by any type of mechanism.
- (g) "Trefoil" means an instrument consisting of a metal plate having
- three or more radiating points with sharp edges, designed in the shape of a
- star, cross or other geometric figure and used as a weapon for throwing.
Sec. 6. NRS 239.010 is hereby amended to read as follows:
- 239.010 1. All public books and public records of a governmental
- entity, the contents of which are not otherwise declared by law to be
- confidential, must be open at all times during office hours to inspection by
- any person, and may be fully copied or an abstract or memorandum may be
- prepared from those public books and public records. Any such copies,
- abstracts or memoranda may be used to supply the general public with
- copies, abstracts or memoranda of the records or may be used in any other
- way to the advantage of the governmental entity or of the general public.
- This section does not supersede or in any manner affect the federal laws
- governing copyrights or enlarge, diminish or affect in any other manner the
- rights of a person in any written book or record which is copyrighted
- pursuant to federal law.
- 2. A governmental entity may not reject a book or record which is
- copyrighted solely because it is copyrighted.
- 3. A person may request a copy of a public record in any medium in
- which the public record is readily available. An officer, employee or agent
- of a governmental entity who has custody of a public record shall not refuse
- to provide a copy of that public record in a readily available medium
- because he has already prepared or would prefer to provide the copy in a
- different medium.
-
[4. As used in this section:
- (a) "Educational foundation" has the meaning ascribed to it in
- subsection 3 of NRS 388.750.
- (b) "University foundation" has the meaning ascribed to it in subsection
- 3 of NRS 396.405.]
Sec. 7. NRS 271.515 is hereby amended to read as follows:
- 271.515 1. Any assessment bonds:
- (a) Must bear such date or dates;
- (b) Must mature in such denomination or denominations at such time or
- times, but in no event commencing later than 1 year nor exceeding 20 years
- from their date;
- (c) Must bear interest which may be evidenced by one or two sets of
- coupons, payable annually or semiannually, except that the first coupon or
- coupons on any bond may represent interest for any period not in excess of
- 1 year;
- (d) Must be payable in such medium of payment at such place or places
- within and without the state, including
, but not limited to , the office of the
- county treasurer; and
- (e) At the option of the governing body, may be made subject to prior
- redemption in advance of maturity, in such order or by lot or otherwise, at
- such time or times, without or with the payment of a premium or premiums
- not exceeding 9 percent of the principal amount of each bond so
redeemed,
- as provided by ordinance.
- 2. Bonds may be issued with privileges for registration for payment as
- to principal, or both principal and interest, and where interest accruing on
- the bonds is not represented by interest coupons, the bonds may provide for
- the endorsing of payments of interest thereon; and the bonds generally must
- be issued in such manner, in such form, with such recitals, terms, covenants
- and conditions, with such provisions for conversion into bonds of other
- denominations, and with such other details, as may be provided by the
- governing body in the ordinance or ordinances authorizing the bonds,
- except as herein otherwise provided.
- 3. Pending preparations of the definitive bonds, interim or temporary
- bonds, in such form and with such provisions as the governing body may
- determine, may be issued.
- 4. Except for payment provisions herein expressly provided, the bonds,
- any interest coupons thereto attached, and such interim or temporary bonds
- must be fully negotiable within the meaning of and for all the purposes of
- the
[Negotiable Instruments Law] Uniform Commercial Code—
- Negotiable Instruments
and the Uniform Commercial Code—Investment
- Securities.
- 5. Notwithstanding any other provisions of law, the governing body, in
- any proceedings authorizing bonds hereunder, may:
- (a) Provide for the initial issuance of one or more bonds (in this
- subsection 5 called "bond") aggregating the amount of the entire issue or
- any portion thereof.
- (b) Make such provision for installment payments of the principal
- amount of any such bond as it may consider desirable.
- (c) Provide for the making of any such bond payable to bearer or
- otherwise, registrable as to principal, or as to both principal and interest,
- and where interest accruing thereon is not represented by interest coupons,
- for the endorsing of payments of interest on such bond.
- (d) Make provision in any such proceedings for the manner and
- circumstances in and under which any such bond may in the future, at the
- request of the holder thereof, be converted into bonds of larger or smaller
- denominations, which bonds of larger or smaller denominations may in turn
- be either coupon bonds or bonds registrable as to principal, or both
- principal and interest, or either, at the option of the holder.
- 6. Any bonds may be issued hereunder with provisions for their
- reissuance, and the terms and conditions thereof, whether lost, apparently
- destroyed, wrongfully taken, or for any other reason, as provided in the
- Uniform Commercial Code—Investment Securities, or otherwise.
- 7. Any bond must be executed in the name of and on behalf of the
- municipality and signed by the mayor, chairman, or other presiding officer
- of the governing body, countersigned by the treasurer of the municipality,
- with the seal of the municipality affixed thereto and attested by the clerk.
- 8. Except for such bonds which are registrable for payment of interest,
- interest coupons payable to bearer must be attached to the bonds and bear
- the original or facsimile signature of the treasurer.
- 9. Any bond may be executed as provided in the Uniform Facsimile
- Signatures of Public Officials Act
. [(and compliance] Compliance
- therewith is not a condition precedent to the execution of any coupon with a
- facsimile signature
. [).]
10. The bonds and coupons, bearing the signatures of the officers in
- office at the time of the signing thereof, are the valid and binding
- obligations of the municipality, notwithstanding that before the delivery
- thereof and payment therefor, any or all of the persons whose signatures
- appear thereon have ceased to fill their respective offices.
- 11. Any officer herein authorized or permitted to sign any bond, at the
- time of its execution and of the execution of a signature certificate, may
- adopt as and for his own facsimile signature the facsimile signature of his
- predecessor in office in the event that such facsimile signature appears
- upon the bond or coupons pertaining thereto, or upon both the bond and
- such coupons.
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 to
- 422.306, inclusive,
and 422.380 to 422.390, inclusive, [and 422.580,]
- unless the context otherwise requires, "administrator" means the
- administrator of the division of health care financing and policy.
- Sec. 9.
NRS 459.3816 is hereby amended to read as follows:
- 459.3816 1. The following substances are designated as highly
- hazardous, if present in the quantity designated after each substance or a
- greater quantity:
- Number Assigned
- by Chemical Quantity
- Chemical Name of Substance Abstract Service (In pounds)
- Acetaldehyde 75-07-0 2500
- Acrolein (2-Propenal) 107-02-8 150
- Acrylyl Chloride 814-68-6 250
- Allyl Chloride 107-05-1 1000
- Allylamine 107-11-9 1500
- Alkylaluminums None 5000
- Ammonia, Anhydrous 7664-41-7 5000
Ammonia solutions (44% ammonia by
weight) 7664-41-7 10000
- Ammonium Perchlorate 7790-98-9 7500
- Ammonium Permanganate 7787-36-2 7500
- Arsine (also called Arsenic Hydride) 7784-42-1 100
- Bis (Chloromethyl) Ether 542-88-1 100
- Boron Trichloride 10294-34-5 2500
- Boron Trifluoride 7637-07-2 250
- Bromine 7726-95-6 1500
- Bromine Chloride 13863-41-7 1500
- Bromine Pentafluoride 7789-30-2 2500
- Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyl
Bromide) 106-96-7 7500
- Butyl Hydroperoxide (Tertiary) 75-91-2 5000
- Butyl Perbenzoate (Tertiary) 614-45-9 7500
- Carbonyl Chloride (see Phosgene) 75-44-5 100
- Carbonyl Fluoride 353-50-4 2500
Cellulose Nitrate (concentration 12.6%
Nitrogen) 9004-70-0 2500
- Chlorine 7782-50-5 1500
- Chlorine Dioxide 10049-04-4 1000
- Chlorine Pentafluoride 13637-63-3 1000
- Chlorine Trifluoride 7790-91-2 1000
Chlorodiethylaluminum (also called
Diethylaluminum Chloride) 96-10-6 5000
- 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000
- Chloromethyl Methyl Ether 107-30-2 500
- Chloropicrin 76-06-2 500
- Chloropicrin and Methyl Bromide mixture None 150
- 0
- Chloropicrin and Methyl Chloride mixture None 1500
- Cumene Hydroperoxide 80-15-9 5000
- Cyanogen 460-19-5 2500
- Cyanogen Chloride 506-77-4 500
- Cyanuric Fluoride 675-14-9 100
- Diacetyl Peroxide (concentration 70%) 110-22-5 5000
- Diazomethane 334-88-3 500
- Dibenzoyl Peroxide 94-36-0 7500
- Diborane 19287-45-7 100
- Dibutyl Peroxide (Tertiary) 110-05-4 5000
- Dichloro Acetylene 7572-29-4 250
- Dichlorosilane 4109-96-0 2500
- Diethylzinc 557-20-0 10000
- Diisopropyl Peroxydicarbonate 105-64-6 7500
- Dilauroyl Peroxide 105-74-8 7500
- Dimethyl Sulfide 75-18-3 100
- Dimethyldichlorosilane 75-78-5 1000
- Dimethylhydrazine, 1.1- 57-14-7 1000
- Dimethylamine, Anhydrous 124-40-3 2500
Ethyl Methyl Ketone Peroxide (also Methyl
Ethyl Ketone Peroxide; concentration
60%) 1338-23-4 5000
- Ethyl Nitrite 109-95-5 5000
- Ethylamine 75-04-7 7500
- Ethylene Fluorohydrin 371-62-0 100
- Ethylene Oxide 75-21-8 5000
- Ethyleneimine 151-56-4 1000
- Fluorine 7782-41-4 1000
- Formaldehyde (concentration 90%) 50-00-0 1000
- Furan 110-00-9 500
- Hexafluoroacetone 684-16-2 5000
- Hydrochloric Acid, Anhydrous 7647-01-0 5000
- Hydrofluoric Acid, Anhydrous 7664-39-3 1000
- Hydrogen Bromide 10035-10-6 5000
- Hydrogen Chloride 7647-01-0 5000
- Hydrogen Cyanide, Anhydrous 74-90-8 1000
- Hydrogen Fluoride 7664-39-3 1000
Hydrogen Peroxide (52% by weight or more) 7722-84-1 7500
- Hydrogen Selenide 7783-07-5 150
- Hydrogen Sulfide 7783-06-4 1500
- Hydroxylamine 7803-49-8 2500
- Iron, Pentacarbonyl- 13463-40-6 250
- Isopropyl Formate 625-55-8 500
- Isopropylamine 75-31-0 5000
- Ketene 463-51-4 100
- Methacrylaldehyde 78-85-3 100
- 0
- Methacryloyl Chloride 920-46-7 150
- Methacryloyloxyethyl Isocyanate 30674-80-7 100
- Methyl Acrylonitrile 126-98-7 250
- Methylamine, Anhydrous 74-89-5 1000
- Methyl Bromide 74-83-9 2500
- Methyl Chloride 74-87-3 15000
- Methyl Chloroformate 79-22-1 500
- Methyl Disulfide 624-92-0 100
Methyl Ethyl Ketone Peroxide
[(concentration] (also Ethyl Methyl
Ketone Peroxide; concentration
60%) 1338-23-4 5000
- Methyl Fluoroacetate 453-18-9 100
- Methyl Fluorosulfate 421-20-5 100
- Methyl Hydrazine 60-34-4 100
- Methyl Iodide 74-88-4 7500
- Methyl Isocyanate 624-83-9 250
- Methyl Mercaptan 74-93-1 5000
- Methyl Vinyl Ketone 78-94-4 100
- Methyltrichlorosilane 75-79-6 500
- Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150
- Nitric Acid (94.5% by weight or greater) 7697-37-2 500
- Nitric Oxide 10102-43-9 250
- Nitroaniline (para Nitroaniline) 100-01-6 5000
- Nitromethane 75-52-5 2500
- Nitrogen Dioxide 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen
Peroxide) 10544-72-6 250
Nitrogen Trifluoride 7783-54-2 5000
Nitrogen Trioxide 10544-73-7 250
Oleum (65% or greater by weight of sulfur
trioxide; also called Fuming Sulfuric
Acid) 8014-95-7 1000
- Osmium Tetroxide 20816-12-0 100
- Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100
- Ozone 10028-15-6 100
- Pentaborane 19624-22-7 100
Peracetic Acid (also called Peroxyacetic
Acid) 79-21-0 5000
Perchloric Acid (concentration 60%) 7601-90-3 5000
Perchloromethyl Mercaptan 594-42-3 150
Perchloryl Fluoride 7616-94-6 5000
Peroxyacetic Acid (concentration 60%; also
called Peracetic Acid) 79-21-0 5000
Phosgene (also called Carbonyl Chloride) 75-44-5 10
0
Phosphine (Hydrogen Phosphide) 7803-51-2 100
Phosphorus Oxychloride (also called
Phosphoryl Chloride) 10025-87-3 1000
Phosphorus Trichloride 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus
Oxychloride) 10025-87-3 1000
Propargyl Bromide
(also called
3-Bromopropyne)
106-96-7 7500
Propyl Nitrate 627-13-4 2500
Sarin 107-44-8 100
Selenium Hexafluoride 7783-79-1 1000
Stibine (Antimony Hydride) 7803-52-3 500
Sulfur Dioxide (liquid) 7446-09-5 1000
Sulfur Pentafluoride 5714-22-7 250
Sulfur Tetrafluoride 7783-60-0 250
Sulfur Trioxide (also called Sulfuric
Anhydride) 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur
Trioxide) 7446-11-9 1000
Tellurium Hexafluoride 7783-80-4 250
Tetrafluoroethylene 116-14-3 5000
Tetrafluorohydrazine 10036-47-2 5000
Tetramethyl Lead 75-74-1 7500
Thionyl Chloride 7719-09-7 250
Titanium Tetrachloride 7550-45-0 2500
Trichloro(chloromethyl) Silane 1558-25-4 100
Trichloro(dichlorophenyl) Silane 27137-85-5 2500
Trichlorosilane 10025-78-2 5000
Trifluorochloroethylene 79-38-9 10000
Trimethyoxysilane 2487-90-3 1500
- 2. The division, in consultation with the health districts created
- pursuant to NRS 439.370, the health division of the department of human
- resources and the division of industrial relations of the department of
- business and industry, shall regularly examine the sources of information
- available to it with regard to potentially highly hazardous substances. The
- division shall, by regulation, add to the list of highly hazardous substances
- any chemical that is identified as being used, manufactured, stored, or
- capable of being produced, at a facility, in sufficient quantities at a single
- site, that its release into the environment would produce a significant
- likelihood that persons exposed would suffer death or substantial bodily
- harm as a consequence of the exposure.
Sec. 10. NRS 482.181 is hereby amended to read as follows:
- 482.181 1. Except as otherwise provided in subsection 4, the
- department shall certify monthly to the state board of examiners the amount
- of the basic and supplemental privilege taxes collected for each county by
- the department and its agents during the preceding month, and that money
- must be distributed monthly as provided in this section.
- 2. Any supplemental privilege tax collected for a county must be
- distributed only to the county, to be used as provided in NRS 371.045 and
- 371.047.
- 3. The distribution of the basic privilege tax within a county must be
- made to local governments, special districts and enterprise districts
- pursuant to the provisions of NRS 360.680 and 360.690. The distribution
- of the basic privilege tax must be made to the county school district within
- the county before the distribution of the basic privilege tax pursuant to the
- provisions of NRS 360.680 and 360.690 and in the same ratio as all
- property taxes were levied in the county in the previous fiscal year, but the
- State of Nevada is not entitled to share in that distribution. For the purpose
- of calculating the amount of basic privilege tax to be distributed to the
- county school district, the taxes levied by each local government, special
- district and enterprise district are the product of its certified valuation,
- determined pursuant to subsection 2 of NRS 361.405, and its tax rate,
- established pursuant to NRS 361.455 for the fiscal year beginning on July
- 1, 1980, except that the tax rate for school districts, including the rate
- attributable to a district’s debt service, is the rate established pursuant to
- NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate
- attributable to a district’s debt service in any fiscal year is greater than its
- rate for the fiscal year beginning on July 1, 1978, the higher rate must be
- used to determine the amount attributable to debt service.
- 4. An amount equal to any basic privilege tax distributed to a
- redevelopment agency in the fiscal year 1987-1988 must continue to be
- distributed to that agency
[or area] as long as it exists but must not be
- increased.
- 5. The department shall make distributions of basic privilege tax
- directly to county school districts.
-
6. As used in this section:
- (a) "Enterprise district" has the meaning ascribed to it in NRS 360.620.
- (b) "Local government" has the meaning ascribed to it in NRS 360.640.
- (c) "Special district" has the meaning ascribed to it in NRS 360.650.
Sec. 11. NRS 483.495 is hereby amended to read as follows:
- 483.495 The department shall by regulation:
- 1. Except as otherwise provided in paragraph (h) of subsection 1 of
- NRS 62.211,
[subsection 7 of NRS 62.224,] and NRS 62.2263 and 62.227,
- set forth any tests and other requirements which are a condition for the
- reinstatement of a license after any suspension, revocation, cancellation or
- voluntary surrender of the license. The tests and requirements:
- (a) Must provide for a fair evaluation of a person’s ability to operate a
- motor vehicle; and
- (b) May allow for the waiver of certain tests or requirements as the
- department deems necessary.
- 2. Set forth the circumstances under which the administrator may, for
- good cause shown, rescind the revocation, suspension or cancellation of a
- license, or shorten the period for the suspension of a license.
Sec. 12. NRS 581.500 is hereby amended to read as follows:
- 581.500 1. The
[council,] advisory council on the metric system,
consisting of seven members appointed by the governor, is hereby created
- within the division of agriculture of the department of business and
- industry.
- 2. The governor shall appoint:
- (a) One member from business.
- (b) One member from the engineering profession.
- (c) One member from a trade organization.
- (d) One member from industry.
- (e) One member from a labor organization.
- (f) One member from the faculty of a university in the University and
- Community College System of Nevada.
- (g) One member from the faculty of a public elementary or secondary
- school.
Sec. 13. NRS 612.090 is hereby amended to read as follows:
- 612.090 1. "Employment" includes agricultural labor if:
- (a) The services are performed in the employ of a person who:
- (1) Paid cash wages of $20,000 or more during any calendar quarter
- of the current calendar year or preceding calendar year to persons
- employed in agricultural labor; or
- (2) Employed 10 or more persons in agricultural labor some portion
- of the day for at least 20 days, each day being in a different calendar week,
- during the current calendar year or preceding calendar year whether or not
- the weeks were consecutive or the persons were employed at the same
- moment of time; and
- (b) The services are performed:
- (1) On a farm, in the employ of any person, in connection with
- cultivating the soil, or in connection with raising or harvesting any
- agricultural or horticultural commodity, including the raising, shearing,
- feeding, caring for, training and management of livestock, bees, poultry and
- fur-bearing animals and wildlife.
- (2) In the employ of the owner or tenant or other operator of a farm,
- in connection with the operation, management, conservation, improvement
- or maintenance of the farm and its tools and equipment, or in salvaging
- timber or clearing land of brush and other debris left by a hurricane, if the
- major part of the service is performed on a farm.
- (3) In connection with the production or harvesting of any commodity
- defined as an agricultural commodity in section 15(g) of the Agricultural
- Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of
- cotton, or in connection with the operation or maintenance of ditches,
- canals, reservoirs or waterways, not owned or operated for profit, used
- exclusively for supplying and storing water for farming purposes.
- (4)
[In] Except as otherwise provided in subsection 2, in the employ
- of the operator of a farm in handling, planting, drying, packing, packaging,
- processing, freezing, grading, storing or delivering to storage or to market,
- or to a carrier for transportation to market, in its unmanufactured state, any
- agricultural or horticultural commodity, but only if the operator produced
- more than one-half of the commodity with respect to which such service is
- performed.
- (5)
[In] Except as otherwise provided in subsection 2, in the employ
- of a group of operators of farms, or a cooperative organization of which
- such operators are members, in the performance of service described in
- subparagraph (4), but only if such operators produced more than one-half
- of the commodity with respect to which such service is performed.
[The provisions of subparagraphs (4) and (5) do not apply to service
- performed in connection with commercial canning or commercial freezing
- or in connection with any agricultural or horticultural commodity after its
- delivery to a terminal market for distribution for consumption.]
- (6) On a farm operated for profit although the service is not in the
- course of the employer’s trade or business.
- 2. The provisions of subparagraphs (4) and (5) of paragraph (b) of
- subsection 1 do not apply to service performed in connection with
- commercial canning or commercial freezing or in connection with any
- agricultural or horticultural commodity after its delivery to a terminal
- market for distribution for consumption.
- 3. As used in this section, the term "farm" includes stock, dairy,
- poultry, fruit, fur-bearing animal and truck farms, plantations, ranches,
- nurseries, ranges, greenhouses or other similar structures used primarily for
- raising agricultural or horticultural commodities, and orchards.
-
[3.] 4. The provisions of this section do not apply to services
- performed before January 1, 1980, by an alien admitted to the United States
- to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H)
- of the Immigration and Nationality Act, 8 U.S.C. §§ 1184(c) and
- 1101(a)(15)(H) respectively.
Sec. 14. Chapter 645D of NRS is hereby amended by adding thereto
the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. A person who applies for the issuance or renewal of a
certificate shall submit to the administrator the statement prescribed by
the welfare division of the department of human resources pursuant to
NRS 425.520. The statement must be completed and signed by the
applicant.
2. The administrator shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for the
issuance or renewal of the certificate; or
(b) A separate form prescribed by the administrator.
3. A certificate may not be issued or renewed by the administrator if
the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that
he is subject to a court order for the support of a child and is not in
compliance with the order or a plan approved by the district attorney or
other public agency enforcing the order for the repayment of the amount
owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child
and is not in compliance with the order or a plan approved by the district
attorney or other public agency enforcing the order for the repayment of
the amount owed pursuant to the order, the administrator shall advise the
applicant to contact the district attorney or other public agency enforcing
the order to determine the actions that the applicant may take to satisfy
the arrearage.
Sec. 16.
1. If the administrator receives a copy of a court order
issued pursuant to NRS 425.540 that provides for the suspension of all
professional, occupational and recreational licenses, certificates and
permits issued to a certified inspector, the administrator shall deem the
certificate issued to that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the
administrator receives a letter issued to the certified inspector by the
district attorney or other public agency pursuant to NRS 425.550 stating
that the certified inspector has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560.
2. The administrator shall reinstate a certificate that has been
suspended by a district court pursuant to NRS 425.540 if the
administrator receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550 to the person whose certificate
was suspended stating that the person whose certificate was suspended
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
Sec. 17.
NRS 645D.170 is hereby amended to read as follows:
- 645D.170 An application for a certificate must be in writing upon a
- form prepared and furnished by the division. The application must include
- the following information:
- 1. The name, age ,
[and] address and social security number of the
- applicant.
- 2. The place or places, including the street number, city and county, at
- which the applicant intends to maintain an office to conduct business as an
- inspector.
- 3. The business, occupation or other employment of the applicant
- during the 5 years immediately preceding the date of the application, and
- the location thereof.
- 4. The applicant’s education and experience to qualify for a certificate.
- 5. Whether the applicant has ever been convicted of, is under
- indictment for, or has entered a plea of guilty or nolo contendere to:
- (a) A felony, and if so, the nature of the felony.
- (b) Forgery, embezzlement, obtaining money under false pretenses,
- larceny, extortion, conspiracy to defraud or any crime involving moral
- turpitude.
- 6. If the applicant is a member of a partnership or association or is an
- officer of a corporation, the name and address of the principal office of the
- partnership, association or corporation.
- 7. Any other information relating to the qualifications or background of
- the applicant that the division requires.
Sec. 18. NRS 645D.200 is hereby amended to read as follows:
- 645D.200 1. The administrator shall issue a certificate to any person
- who:
- (a) Is of good moral character, honesty and integrity;
- (b) Has the education and experience prescribed in the regulations
- adopted pursuant to NRS 645D.120;
[and]
- (c) Has submitted proof that he or his employer holds a policy of
- insurance that complies with the requirements of subsection 1 of NRS
- 645D.190
[.] ; and
- (d) Has submitted the statement required pursuant to section 15 of
- this act.
- 2. The administrator may deny an application for a certificate to any
- person who:
- (a) Has been convicted of, or entered a plea of guilty or nolo contendere
- to, forgery, embezzlement, obtaining money under false pretenses, larceny,
- extortion, conspiracy to defraud or any crime involving moral turpitude;
- (b) Makes a false statement of a material fact on his application;
- (c) Has had a certificate suspended or revoked pursuant to this chapter
- within the 10 years immediately preceding the date of his application; or
- (d) Has not submitted proof that he or his employer holds a policy of
- insurance that complies with the requirements of subsection 1 of NRS
- 645D.190.
Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of
this act expire by limitation on the date on which the provisions of 42
U.S.C. § 666 requiring each state to establish procedures under which the
state has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:
1. Have failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish or enforce
an obligation for the support of a child; or
2. Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States.
Sec. 20. This act becomes effective upon passage and approval.
~