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. 1.1. NRS 2.250 is hereby amended to read as follows:

1-10 2.250 1. The clerk of the supreme court may demand and receive for

1-11 his services rendered in discharging the duties imposed upon him by law

1-12 the following fees:

1-13 (a) Except as otherwise provided in paragraph (c), whenever an appeal

1-14 is taken to the supreme court, or whenever a special proceeding by way of

1-15 mandamus, certiorari, prohibition, quo warranto, habeas corpus, or

1-16 otherwise is brought in or to the supreme court, the appellant and any cross-

1-17 appellant or the party bringing a special proceeding shall, at or before the

2-1 appeal, cross-appeal or petition for a special proceeding has been entered

2-2 on the docket, pay to the clerk of the supreme court the sum of $200.

2-3 (b) Except as otherwise provided in paragraph (c), a party to an appeal

2-4 or special proceeding who petitions the supreme court for a rehearing shall,

2-5 at the time of filing such a petition, pay to the clerk of the supreme court

2-6 the sum of $100.

2-7 (c) No fees may be charged by the clerk in:

2-8 (1) Any action brought in or to the supreme court wherein the [state,]

2-9 State of Nevada or any county, city or town thereof, or any officer or

2-10 commission thereof is a party in his or its official or representative

2-11 capacity, against the [state,] State of Nevada, county, city, town, officer or

2-12 commission;

2-13 (2) A habeas corpus proceeding of a criminal or quasi-criminal

2-14 nature; or

2-15 (3) An appeal taken from, or a special proceeding arising out of, a

2-16 criminal proceeding.

2-17 (d) A fee of $60 for supreme court decisions in pamphlet form for each

2-18 year, or a fee of $30 for less than a 6 months’ supply of decisions, to be

2-19 collected from each person who requests such decisions, except those

2-20 persons and agencies set forth in NRS 2.345. The clerk may charge a

2-21 reasonable fee to all parties, including, without limitation, the persons and

2-22 agencies set forth in NRS 2.345, for access to decisions of the supreme

2-23 court compiled in an electronic format.

2-24 (e) A fee from a person who requests a photostatic copy or a photocopy

2-25 print of any paper or document in an amount determined by the justices of

2-26 the supreme court.

2-27 2. [No other fees may be charged than those specially set forth in this

2-28 section nor may fees be charged for services other than those set forth in

2-29 this section.] The clerk of the supreme court shall not charge any fee that

2-30 is not authorized by law.

2-31 3. The clerk of the supreme court shall keep a fee book in which the

2-32 clerk shall enter in detail the title of the matter, proceeding or action, and

2-33 the fees charged therein. The fee book must be open to public inspection in

2-34 the office of the clerk.

2-35 4. The clerk of the supreme court shall publish and post in some

2-36 conspicuous place in his office a table of fees for public inspection. The

2-37 clerk shall forfeit a sum of not less than $20 for each day of his omission to

2-38 do so, which sum with costs may be recovered by any person by filing an

2-39 action before any justice of the peace of the same county.

2-40 5. All fees prescribed in this section must be paid in advance, if

2-41 demanded. If the clerk of the supreme court has not received any or all of

2-42 the fees which are due to him for services rendered in any suit or

2-43 proceeding, the clerk may have execution therefor in his own name against

3-1 the party from whom they are due, to be issued from the supreme court

3-2 upon order of a justice thereof or from the court upon affidavit filed.

3-3 6. The clerk of the supreme court shall give a receipt on demand of the

3-4 party paying a fee. The receipt must specify the title of the cause in which

3-5 the fee is paid and the date and the amount of the payment.

3-6 7. The clerk of the supreme court shall, when depositing with the state

3-7 treasurer money received for court fees, render to the state treasurer a brief

3-8 note of the cases in which the money was received.

3-9 Sec. 1.3. NRS 2.255 is hereby amended to read as follows:

3-10 2.255 If the clerk of the supreme court:

3-11 1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250,

3-12 he shall be fined in an amount not exceeding $1,000.

3-13 2. Takes greater fees than [allowed under NRS 2.250,] authorized by

3-14 law, he shall, upon conviction, be removed from office and fined in an

3-15 amount not exceeding $1,000.

3-16 Sec. 1.5. NRS 4.080 is hereby amended to read as follows:

3-17 4.080 [No other fees may be charged by justices of the peace than

3-18 those specifically set forth in this chapter, nor may fees be charged for any

3-19 other services than those mentioned in this chapter.] A justice of the peace

3-20 shall not charge any fee that is not authorized by law.

3-21 Sec. 1.7. NRS 19.070 is hereby amended to read as follows:

3-22 19.070 [No other fees shall be charged than those set forth in this

3-23 chapter, nor shall fees be charged for any other services than those

3-24 mentioned in this chapter.] A county clerk shall not charge any fee that is

3-25 not authorized by law.

3-26 Sec. 1.9. NRS 19.110 is hereby amended to read as follows:

3-27 19.110 If any county clerk [shall take] takes more or greater fees than

3-28 are [allowed in this chapter,] authorized by law, he shall be liable to

3-29 indictment, and on conviction shall be removed from office and fined in

3-30 any sum not exceeding $1,000.

3-31 Sec. 2. NRS 104.9105 is hereby amended to read as follows:

3-32 104.9105 1. As used in this article, unless the context otherwise

3-33 requires:

3-34 (a) "Account debtor" means the person who is obligated on an account,

3-35 chattel paper or general intangible.

3-36 (b) "Chattel paper" means a writing or writings which evidence both a

3-37 monetary obligation and a security interest in or a lease of specific goods,

3-38 but a charter or other contract involving the use or hire of a vessel is not

3-39 chattel paper. When a transaction is evidenced both by such a security

3-40 agreement or a lease and by an instrument or a series of instruments, the

3-41 group of writings taken together constitutes chattel paper.

3-42 (c) "Collateral" means the property subject to a security interest, and

3-43 includes accounts and chattel paper which have been sold.

4-1 (d) "Debtor" means the person who owes payment or other performance

4-2 of the obligation secured, whether or not he owns or has rights in the

4-3 collateral, and includes the seller of accounts or chattel paper. Where the

4-4 debtor and the owner of the collateral are not the same person, the term

4-5 "debtor" means the owner of the collateral in any provision of the article

4-6 dealing with the collateral, the obligor in any provision dealing with the

4-7 obligation, and may include both where the context so requires.

4-8 (e) "Deposit account" means a demand, time, savings, passbook or like

4-9 account maintained with a bank, savings and loan association, credit union

4-10 or like organization, other than an account evidenced by a certificate of

4-11 deposit.

4-12 (f) "Document" means document of title as defined in the general

4-13 definitions of article 1 (NRS 104.1201), and a receipt of the kind described

4-14 in subsection 2 of NRS 104.7201.

4-15 (g) "Encumbrance" includes real estate mortgages and other liens on

4-16 real estate and all other rights in real estate that are not ownership interests.

4-17 (h) "Goods" includes all things which are movable at the time the

4-18 security interest attaches or which are fixtures (NRS 104.9313), but does

4-19 not include money, documents, instruments, investment property, accounts,

4-20 chattel paper, general intangibles or minerals or the like (including oil and

4-21 gas) before extraction. "Goods" also include standing timber which is to be

4-22 cut and removed under a conveyance or contract for sale, the unborn young

4-23 of animals and growing crops.

4-24 (i) "Instrument" means a negotiable instrument (defined in NRS

4-25 104.3104) or any other writing which evidences a right to the payment of

4-26 money and is not itself a security agreement or lease and is of a type which

4-27 is in ordinary course of business transferred by delivery with any necessary

4-28 endorsement or assignment. The term does not include investment property.

4-29 (j) "Mortgage" means a consensual interest created by a real estate

4-30 mortgage, a trust deed on real estate or the like.

4-31 (k) An advance is made "pursuant to commitment" if the secured party

4-32 has bound himself to make it, whether or not a subsequent event of default

4-33 or other event not within his control has relieved or may relieve him from

4-34 his obligation.

4-35 (l) "Security agreement" means an agreement which creates or provides

4-36 for a security interest.

4-37 (m) "Secured party" means a lender, seller or other person in whose

4-38 favor there is a security interest, including a person to whom accounts or

4-39 chattel paper have been sold. When the holders of obligations issued under

4-40 an indenture of trust, equipment trust agreement or the like are represented

4-41 by a trustee or other person, the representative is the secured party.

5-1 2. Other definitions applying to this article and the sections in which

5-2 they appear are:

5-3 "Account." NRS 104.9106.

5-4 "Attach." NRS 104.9203.

5-5 "Commodity contract." NRS 104.9115.

5-6 "Commodity customer." NRS 104.9115.

5-7 "Commodity intermediary." NRS 104.9115.

5-8 "Construction mortgage." NRS 104.9313.

5-9 "Consumer goods." Subsection 1 of NRS 104.9109.

5-10 "Control." NRS 104.9115.

5-11 "Equipment." Subsection 2 of NRS 104.9109.

5-12 "Farm products." Subsection 3 of NRS 104.9109.

5-13 "Fixture." NRS 104.9313.

5-14 "Fixture filing." NRS 104.9313.

5-15 "General intangibles." NRS 104.9106.

5-16 "Inventory." Subsection 4 of NRS 104.9109.

5-17 "Investment property." NRS 104.9115.

5-18 "Lien creditor." Subsection [5] 3 of NRS 104.9301.

5-19 "Proceeds." Subsection 1 of NRS 104.9306.

5-20 "Purchase money security interest." NRS 104.9107.

5-21 "United States." NRS 104.9103.

5-22 3. The following definitions in other articles apply to this article:

5-23 "Broker." NRS 104.8102.

5-24 "Certificated security." NRS 104.8102.

5-25 "Check." NRS 104.3104.

5-26 "Contract for sale." NRS 104.2106.

5-27 "Delivery." NRS 104.8301.

5-28 "Financial asset." NRS 104.8102.

5-29 "Holder in due course." NRS 104.3302.

5-30 "Letter of credit." NRS 104.5102.

5-31 "Note." NRS 104.3104.

5-32 "Proceeds of a letter of credit." NRS 104.5114.

5-33 "Sale." NRS 104.2106.

5-34 "Securities intermediary." NRS 104.8102.

5-35 "Security." NRS 104.8102.

5-36 "Security certificate." NRS 104.8102.

5-37 "Security entitlement." NRS 104.8102.

5-38 "Uncertificated security." NRS 104.8102.

6-1 4. In addition, article 1 contains general definitions and principles of

6-2 construction and interpretation applicable throughout this article.

6-3 Sec. 3. NRS 176A.500 is hereby amended to read as follows:

6-4 176A.500 1. The period of probation or suspension of sentence may

6-5 be indeterminate or may be fixed by the court and may at any time be

6-6 extended or terminated by the court, but the period, including any

6-7 extensions thereof, must not be more than:

6-8 (a) Three years for a:

6-9 (1) Gross misdemeanor; or

6-10 (2) Suspension of sentence pursuant to NRS 453.3363; or

6-11 (b) Five years for a felony . [, except that for a felony involving a

6-12 violation of the provisions of NRS 484.3795 the period must not be more

6-13 than 10 years.]

6-14 2. At any time during probation or suspension of sentence, the court

6-15 may issue a warrant for violating any of the conditions of probation or

6-16 suspension of sentence and cause the defendant to be arrested. Except for

6-17 the purpose of giving a dishonorable discharge from probation, and except

6-18 as otherwise provided in this subsection, the time during which a warrant

6-19 for violating any of the conditions of probation is in effect is not part of the

6-20 period of probation. If the warrant is canceled or probation is reinstated, the

6-21 court may include any amount of that time as part of the period of

6-22 probation.

6-23 3. Any parole and probation officer or any peace officer with power to

6-24 arrest may arrest a probationer without a warrant, or may deputize any

6-25 other officer with power to arrest to do so by giving him a written statement

6-26 setting forth that the probationer has, in the judgment of the parole and

6-27 probation officer, violated the conditions of probation. Except as otherwise

6-28 provided in subsection 4, the parole and probation officer, or the peace

6-29 officer, after making an arrest shall present to the detaining authorities, if

6-30 any, a statement of the charges against the probationer. The parole and

6-31 probation officer shall at once notify the court which granted probation of

6-32 the arrest and detention or residential confinement of the probationer and

6-33 shall submit a report in writing showing in what manner the probationer has

6-34 violated the conditions of probation.

6-35 4. A parole and probation officer or a peace officer may immediately

6-36 release from custody without any further proceedings any person he arrests

6-37 without a warrant for violating a condition of probation if the parole and

6-38 probation officer or peace officer determines that there is no probable cause

6-39 to believe that the person violated the condition of probation.

6-40 Sec. 4. NRS 201.020 is hereby amended to read as follows:

6-41 201.020 1. A husband or wife who, without just cause, deserts,

6-42 willfully neglects or refuses to provide for the support and maintenance of

6-43 his spouse in destitute or necessitous circumstances, or any parent who

7-1 without lawful excuse deserts or willfully neglects or refuses to provide for

7-2 the support and maintenance of his legitimate or illegitimate minor child or

7-3 children, or any parent who without lawful excuse deserts or willfully

7-4 neglects or refuses to provide for the support and maintenance of his

7-5 legitimate or illegitimate child or children who upon arriving at the age of

7-6 majority are unable to provide themselves with support and maintenance

7-7 because of infirmity, incompetency or other legal disability contracted

7-8 before their reaching the age of majority, shall be punished:

7-9 (a) [If] For the first offense, if the conduct for which the defendant was

7-10 convicted persisted for less than 6 months, for a misdemeanor or, if such

7-11 conduct persisted for more than 6 months, for a gross misdemeanor or, if

7-12 for more than 1 year, for a category C felony by imprisonment in the state

7-13 prison for a minimum term of not less than 1 year and a maximum term of

7-14 not more than 5 years, or by a fine of not more than $5,000, or by both fine

7-15 and imprisonment.

7-16 (b) For any subsequent offense for a category C felony as provided in

7-17 NRS 193.130.

7-18 2. In addition to other orders which the court may make relative to the

7-19 defendant’s obligation to provide support to his spouse and children, the

7-20 court may impose an intermittent sentence on a person found guilty of a

7-21 violation of subsection 1 if it finds that such a sentence would be in the best

7-22 interest of the defendant’s spouse and child or children.

7-23 Sec. 5. NRS 202.350 is hereby amended to read as follows:

7-24 202.350 1. [It] Except as otherwise provided in this section and

7-25 NRS 202.3653 to 202.369, inclusive, it is unlawful for a person within this

7-26 state to:

7-27 (a) Manufacture or cause to be manufactured, or import into the state, or

7-28 keep, offer or expose for sale, or give, lend or possess any knife which is

7-29 made an integral part of a belt buckle or any instrument or weapon of the

7-30 kind commonly known as a switchblade knife, blackjack, slung shot, billy,

7-31 sand-club, sandbag or metal knuckles; or

7-32 (b) [Except as otherwise provided in subsection 4, carry] Carry

7-33 concealed upon his person any:

7-34 (1) Explosive substance, other than ammunition or any components

7-35 thereof;

7-36 (2) Dirk, dagger or machete;

7-37 (3) Pistol, revolver or other firearm, or other dangerous or deadly

7-38 weapon; or

7-39 (4) Knife which is made an integral part of a belt buckle.

7-40 2. [It] Except as otherwise provided in this section, it is unlawful for a

7-41 person to possess or use a:

7-42 (a) Nunchaku or trefoil with the intent to inflict harm upon the person of

7-43 another; or

8-1 (b) Machine gun or a silencer.

8-2 3. Except as otherwise provided in NRS 202.275 and 212.185, a

8-3 person who violates any of the provisions of subsection 1 or 2 is guilty:

8-4 (a) For the first offense, of a gross misdemeanor.

8-5 (b) For any subsequent offense, of a category D felony, and shall be

8-6 punished as provided in NRS 193.130.

8-7 4. Except as otherwise provided in this subsection , [and NRS

8-8 202.3653 to 202.369, inclusive,] the sheriff of any county may, upon

8-9 written application by a resident of that county showing the reason or the

8-10 purpose for which a concealed weapon is to be carried, issue a permit

8-11 authorizing the applicant to carry in this state the concealed weapon

8-12 described in the permit. The sheriff shall not issue a permit to a person to

8-13 carry a switchblade knife. This subsection does not authorize the sheriff to

8-14 issue a permit to a person to carry a pistol, revolver or other firearm.

8-15 5. [This] Except as otherwise provided in subsection 6, this section

8-16 does not apply to:

8-17 (a) Sheriffs, constables, marshals, peace officers, special police officers,

8-18 police officers of this state, whether active or honorably retired, or other

8-19 appointed officers.

8-20 (b) Any person summoned by any peace officer to assist in making

8-21 arrests or preserving the peace while the person so summoned is actually

8-22 engaged in assisting such an officer.

8-23 (c) Any full-time paid peace officer of an agency of the United States or

8-24 another state or political subdivision thereof when carrying out official

8-25 duties in the State of Nevada.

8-26 (d) Members of the Armed Forces of the United States when on duty.

8-27 6. The exemptions provided in subsection 5 do not include a former

8-28 peace officer who is retired for disability unless his former employer has

8-29 approved his fitness to carry a concealed weapon.

8-30 7. The provisions of paragraph (b) of subsection 2 do not apply to any

8-31 person who is licensed, authorized or permitted to possess or use a machine

8-32 gun or silencer pursuant to federal law. The burden of establishing federal

8-33 licensure, authorization or permission is upon the person possessing the

8-34 license, authorization or permission.

8-35 8. As used in this section:

8-36 (a) "Concealed weapon" [has the meaning ascribed to it in subsection 1

8-37 of NRS 202.3653.] means a weapon described in this section that is

8-38 carried upon a person in such a manner as not to be discernible by

8-39 ordinary observation.

8-40 (b) "Honorably retired" means retired in Nevada after completion of 10

8-41 years of creditable service as a member of the public employees’ retirement

8-42 system. A former peace officer is not "honorably retired" if he was

9-1 discharged for cause or resigned before the final disposition of allegations

9-2 of serious misconduct.

9-3 (c) "Machine gun" means any weapon which shoots, is designed to

9-4 shoot or can be readily restored to shoot more than one shot, without

9-5 manual reloading, by a single function of the trigger.

9-6 (d) "Nunchaku" means an instrument consisting of two or more sticks,

9-7 clubs, bars or rods connected by a rope, cord, wire or chain used as a

9-8 weapon in forms of Oriental combat.

9-9 (e) "Silencer" means any device for silencing, muffling or diminishing

9-10 the report of a firearm, including any combination of parts, designed or

9-11 redesigned, and intended for use in assembling or fabricating a silencer or

9-12 muffler, and any part intended only for use in such assembly or fabrication.

9-13 (f) "Switchblade knife" means a spring-blade knife, snap-blade knife or

9-14 any other knife having the appearance of a pocket knife, any blade of which

9-15 is 2 or more inches long and which can be released automatically by a flick

9-16 of a button, pressure on the handle or other mechanical device, or is

9-17 released by any type of mechanism.

9-18 (g) "Trefoil" means an instrument consisting of a metal plate having

9-19 three or more radiating points with sharp edges, designed in the shape of a

9-20 star, cross or other geometric figure and used as a weapon for throwing.

9-21 Sec. 6. NRS 239.010 is hereby amended to read as follows:

9-22 239.010 1. All public books and public records of a governmental

9-23 entity, the contents of which are not otherwise declared by law to be

9-24 confidential, must be open at all times during office hours to inspection by

9-25 any person, and may be fully copied or an abstract or memorandum may be

9-26 prepared from those public books and public records. Any such copies,

9-27 abstracts or memoranda may be used to supply the general public with

9-28 copies, abstracts or memoranda of the records or may be used in any other

9-29 way to the advantage of the governmental entity or of the general public.

9-30 This section does not supersede or in any manner affect the federal laws

9-31 governing copyrights or enlarge, diminish or affect in any other manner the

9-32 rights of a person in any written book or record which is copyrighted

9-33 pursuant to federal law.

9-34 2. A governmental entity may not reject a book or record which is

9-35 copyrighted solely because it is copyrighted.

9-36 3. A person may request a copy of a public record in any medium in

9-37 which the public record is readily available. An officer, employee or agent

9-38 of a governmental entity who has custody of a public record shall not refuse

9-39 to provide a copy of that public record in a readily available medium

9-40 because he has already prepared or would prefer to provide the copy in a

9-41 different medium.

10-1 [4. As used in this section:

10-2 (a) "Educational foundation" has the meaning ascribed to it in

10-3 subsection 3 of NRS 388.750.

10-4 (b) "University foundation" has the meaning ascribed to it in subsection

10-5 3 of NRS 396.405.]

10-6 Sec. 7. NRS 271.515 is hereby amended to read as follows:

10-7 271.515 1. Any assessment bonds:

10-8 (a) Must bear such date or dates;

10-9 (b) Must mature in such denomination or denominations at such time or

10-10 times, but in no event commencing later than 1 year nor exceeding 20 years

10-11 from their date;

10-12 (c) Must bear interest which may be evidenced by one or two sets of

10-13 coupons, payable annually or semiannually, except that the first coupon or

10-14 coupons on any bond may represent interest for any period not in excess of

10-15 1 year;

10-16 (d) Must be payable in such medium of payment at such place or places

10-17 within and without the state, including , but not limited to , the office of the

10-18 county treasurer; and

10-19 (e) At the option of the governing body, may be made subject to prior

10-20 redemption in advance of maturity, in such order or by lot or otherwise, at

10-21 such time or times, without or with the payment of a premium or premiums

10-22 not exceeding 9 percent of the principal amount of each bond so
10-23 redeemed,

10-24 as provided by ordinance.

10-25 2. Bonds may be issued with privileges for registration for payment as

10-26 to principal, or both principal and interest, and where interest accruing on

10-27 the bonds is not represented by interest coupons, the bonds may provide for

10-28 the endorsing of payments of interest thereon; and the bonds generally must

10-29 be issued in such manner, in such form, with such recitals, terms, covenants

10-30 and conditions, with such provisions for conversion into bonds of other

10-31 denominations, and with such other details, as may be provided by the

10-32 governing body in the ordinance or ordinances authorizing the bonds,

10-33 except as herein otherwise provided.

10-34 3. Pending preparations of the definitive bonds, interim or temporary

10-35 bonds, in such form and with such provisions as the governing body may

10-36 determine, may be issued.

10-37 4. Except for payment provisions herein expressly provided, the bonds,

10-38 any interest coupons thereto attached, and such interim or temporary bonds

10-39 must be fully negotiable within the meaning of and for all the purposes of

10-40 the [Negotiable Instruments Law] Uniform Commercial Code—

10-41 Negotiable Instruments and the Uniform Commercial Code—Investment

10-42 Securities.

11-1 5. Notwithstanding any other provisions of law, the governing body, in

11-2 any proceedings authorizing bonds hereunder, may:

11-3 (a) Provide for the initial issuance of one or more bonds (in this

11-4 subsection 5 called "bond") aggregating the amount of the entire issue or

11-5 any portion thereof.

11-6 (b) Make such provision for installment payments of the principal

11-7 amount of any such bond as it may consider desirable.

11-8 (c) Provide for the making of any such bond payable to bearer or

11-9 otherwise, registrable as to principal, or as to both principal and interest,

11-10 and where interest accruing thereon is not represented by interest coupons,

11-11 for the endorsing of payments of interest on such bond.

11-12 (d) Make provision in any such proceedings for the manner and

11-13 circumstances in and under which any such bond may in the future, at the

11-14 request of the holder thereof, be converted into bonds of larger or smaller

11-15 denominations, which bonds of larger or smaller denominations may in turn

11-16 be either coupon bonds or bonds registrable as to principal, or both

11-17 principal and interest, or either, at the option of the holder.

11-18 6. Any bonds may be issued hereunder with provisions for their

11-19 reissuance, and the terms and conditions thereof, whether lost, apparently

11-20 destroyed, wrongfully taken, or for any other reason, as provided in the

11-21 Uniform Commercial Code—Investment Securities, or otherwise.

11-22 7. Any bond must be executed in the name of and on behalf of the

11-23 municipality and signed by the mayor, chairman, or other presiding officer

11-24 of the governing body, countersigned by the treasurer of the municipality,

11-25 with the seal of the municipality affixed thereto and attested by the clerk.

11-26 8. Except for such bonds which are registrable for payment of interest,

11-27 interest coupons payable to bearer must be attached to the bonds and bear

11-28 the original or facsimile signature of the treasurer.

11-29 9. Any bond may be executed as provided in the Uniform Facsimile

11-30 Signatures of Public Officials Act . [(and compliance] Compliance

11-31 therewith is not a condition precedent to the execution of any coupon with a

11-32 facsimile signature . [).]

11-33 10. The bonds and coupons, bearing the signatures of the officers in

11-34 office at the time of the signing thereof, are the valid and binding

11-35 obligations of the municipality, notwithstanding that before the delivery

11-36 thereof and payment therefor, any or all of the persons whose signatures

11-37 appear thereon have ceased to fill their respective offices.

11-38 11. Any officer herein authorized or permitted to sign any bond, at the

11-39 time of its execution and of the execution of a signature certificate, may

11-40 adopt as and for his own facsimile signature the facsimile signature of his

11-41 predecessor in office in the event that such facsimile signature appears

11-42 upon the bond or coupons pertaining thereto, or upon both the bond and

11-43 such coupons.

12-1 Sec. 8. NRS 422.2352 is hereby amended to read as follows:

12-2 422.2352 As used in NRS 422.2352 to 422.2374, inclusive, 422.301 to

12-3 422.306, inclusive, and 422.380 to 422.390, inclusive, [and 422.580,]

12-4 unless the context otherwise requires, "administrator" means the

12-5 administrator of the division of health care financing and policy.

12-6 Sec. 9. NRS 459.3816 is hereby amended to read as follows:

12-7 459.3816 1. The following substances are designated as highly

12-8 hazardous, if present in the quantity designated after each substance or a

12-9 greater quantity:

12-10 Number Assigned

12-11 by Chemical Quantity

12-12 Chemical Name of Substance Abstract Service (In pounds)

12-13 Acetaldehyde 75-07-0 2500

12-14 Acrolein (2-Propenal) 107-02-8 150

12-15 Acrylyl Chloride 814-68-6 250

12-16 Allyl Chloride 107-05-1 1000

12-17 Allylamine 107-11-9 1500

12-18 Alkylaluminums None 5000

12-19 Ammonia, Anhydrous 7664-41-7 5000

12-20 Ammonia solutions (44% ammonia by

12-21 weight) 7664-41-7 10000

12-22 Ammonium Perchlorate 7790-98-9 7500

12-23 Ammonium Permanganate 7787-36-2 7500

12-24 Arsine (also called Arsenic Hydride) 7784-42-1 100

12-25 Bis (Chloromethyl) Ether 542-88-1 100

12-26 Boron Trichloride 10294-34-5 2500

12-27 Boron Trifluoride 7637-07-2 250

12-28 Bromine 7726-95-6 1500

12-29 Bromine Chloride 13863-41-7 1500

12-30 Bromine Pentafluoride 7789-30-2 2500

12-31 Bromine Trifluoride 7787-71-5 15000

12-32 3-Bromopropyne (also called Propargyl

12-33 Bromide) 106-96-7 7500

12-34 Butyl Hydroperoxide (Tertiary) 75-91-2 5000

12-35 Butyl Perbenzoate (Tertiary) 614-45-9 7500

12-36 Carbonyl Chloride (see Phosgene) 75-44-5 100

12-37 Carbonyl Fluoride 353-50-4 2500

12-38 Cellulose Nitrate (concentration 12.6%

12-39 Nitrogen) 9004-70-0 2500

12-40 Chlorine 7782-50-5 1500

12-41 Chlorine Dioxide 10049-04-4 1000

13-1 Chlorine Pentafluoride 13637-63-3 1000

13-2 Chlorine Trifluoride 7790-91-2 1000

13-3 Chlorodiethylaluminum (also called

13-4 Diethylaluminum Chloride) 96-10-6 5000

13-5 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000

13-6 Chloromethyl Methyl Ether 107-30-2 500

13-7 Chloropicrin 76-06-2 500

13-8 Chloropicrin and Methyl Bromide mixture None 1500

13-9 Chloropicrin and Methyl Chloride mixture None 1500

13-10 Cumene Hydroperoxide 80-15-9 5000

13-11 Cyanogen 460-19-5 2500

13-12 Cyanogen Chloride 506-77-4 500

13-13 Cyanuric Fluoride 675-14-9 100

13-14 Diacetyl Peroxide (concentration 70%) 110-22-5 5000

13-15 Diazomethane 334-88-3 500

13-16 Dibenzoyl Peroxide 94-36-0 7500

13-17 Diborane 19287-45-7 100

13-18 Dibutyl Peroxide (Tertiary) 110-05-4 5000

13-19 Dichloro Acetylene 7572-29-4 250

13-20 Dichlorosilane 4109-96-0 2500

13-21 Diethylzinc 557-20-0 10000

13-22 Diisopropyl Peroxydicarbonate 105-64-6 7500

13-23 Dilauroyl Peroxide 105-74-8 7500

13-24 Dimethyl Sulfide 75-18-3 100

13-25 Dimethyldichlorosilane 75-78-5 1000

13-26 Dimethylhydrazine, 1.1- 57-14-7 1000

13-27 Dimethylamine, Anhydrous 124-40-3 2500

13-28 Ethyl Methyl Ketone Peroxide (also Methyl

13-29 Ethyl Ketone Peroxide; concentration

13-30 60%) 1338-23-4 5000

13-31 Ethyl Nitrite 109-95-5 5000

13-32 Ethylamine 75-04-7 7500

13-33 Ethylene Fluorohydrin 371-62-0 100

13-34 Ethylene Oxide 75-21-8 5000

13-35 Ethyleneimine 151-56-4 1000

13-36 Fluorine 7782-41-4 1000

13-37 Formaldehyde (concentration 90%) 50-00-0 1000

13-38 Furan 110-00-9 500

13-39 Hexafluoroacetone 684-16-2 5000

13-40 Hydrochloric Acid, Anhydrous 7647-01-0 5000

13-41 Hydrofluoric Acid, Anhydrous 7664-39-3 1000

13-42 Hydrogen Bromide 10035-10-6 5000

13-43 Hydrogen Chloride 7647-01-0 5000

14-1 Hydrogen Cyanide, Anhydrous 74-90-8 1000

14-2 Hydrogen Fluoride 7664-39-3 1000

14-3 Hydrogen Peroxide (52% by weight or more) 7722-84-114-4 7500

14-5 Hydrogen Selenide 7783-07-5 150

14-6 Hydrogen Sulfide 7783-06-4 1500

14-7 Hydroxylamine 7803-49-8 2500

14-8 Iron, Pentacarbonyl- 13463-40-6 250

14-9 Isopropyl Formate 625-55-8 500

14-10 Isopropylamine 75-31-0 5000

14-11 Ketene 463-51-4 100

14-12 Methacrylaldehyde 78-85-3 1000

14-13 Methacryloyl Chloride 920-46-7 150

14-14 Methacryloyloxyethyl Isocyanate 30674-80-7 100

14-15 Methyl Acrylonitrile 126-98-7 250

14-16 Methylamine, Anhydrous 74-89-5 1000

14-17 Methyl Bromide 74-83-9 2500

14-18 Methyl Chloride 74-87-3 15000

14-19 Methyl Chloroformate 79-22-1 500

14-20 Methyl Disulfide 624-92-0 100

14-21 Methyl Ethyl Ketone Peroxide

14-22 [(concentration] (also Ethyl Methyl

14-23 Ketone Peroxide; concentration

14-24 60%) 1338-23-4 5000

14-25 Methyl Fluoroacetate 453-18-9 100

14-26 Methyl Fluorosulfate 421-20-5 100

14-27 Methyl Hydrazine 60-34-4 100

14-28 Methyl Iodide 74-88-4 7500

14-29 Methyl Isocyanate 624-83-9 250

14-30 Methyl Mercaptan 74-93-1 5000

14-31 Methyl Vinyl Ketone 78-94-4 100

14-32 Methyltrichlorosilane 75-79-6 500

14-33 Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150

14-34 Nitric Acid (94.5% by weight or greater) 7697-37-2 500

14-35 Nitric Oxide 10102-43-9 250

14-36 Nitroaniline (para Nitroaniline) 100-01-6 5000

14-37 Nitromethane 75-52-5 2500

14-38 Nitrogen Dioxide 10102-44-0 250

14-39 Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 250

14-40 Nitrogen Tetroxide (also called Nitrogen

14-41 Peroxide) 10544-72-6 250

14-42 Nitrogen Trifluoride 7783-54-2 5000

14-43 Nitrogen Trioxide 10544-73-7 250

15-1 Oleum (65% or greater by weight of sulfur

15-2 trioxide; also called Fuming Sulfuric Acid) 8014-95-7 1000

15-3 Osmium Tetroxide 20816-12-0 100

15-4 Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100

15-5 Ozone 10028-15-6 100

15-6 Pentaborane 19624-22-7 100

15-7 Peracetic Acid (also called Peroxyacetic

15-8 Acid) 79-21-0 5000

15-9 Perchloric Acid (concentration 60%) 7601-90-3 5000

15-10 Perchloromethyl Mercaptan 594-42-3 150

15-11 Perchloryl Fluoride 7616-94-6 5000

15-12 Peroxyacetic Acid (concentration 60%; also

15-13 called Peracetic Acid) 79-21-0 5000

15-14 Phosgene (also called Carbonyl Chloride) 75-44-5 100

15-15 Phosphine (Hydrogen Phosphide) 7803-51-2 100

15-16 Phosphorus Oxychloride (also called

15-17 Phosphoryl Chloride) 10025-87-3 1000

15-18 Phosphorus Trichloride 7719-12-2 1000

15-19 Phosphoryl Chloride (also called Phosphorus

15-20 Oxychloride) 10025-87-3 1000

15-21 Propargyl Bromide (also called

15-22 3-Bromopropyne) 106-96-7 7500

15-23 Propyl Nitrate 627-13-4 2500

15-24 Sarin 107-44-8 100

15-25 Selenium Hexafluoride 7783-79-1 1000

15-26 Stibine (Antimony Hydride) 7803-52-3 500

15-27 Sulfur Dioxide (liquid) 7446-09-5 1000

15-28 Sulfur Pentafluoride 5714-22-7 250

15-29 Sulfur Tetrafluoride 7783-60-0 250

15-30 Sulfur Trioxide (also called Sulfuric

15-31 Anhydride) 7446-11-9 1000

15-32 Sulfuric Anhydride (also called Sulfur

15-33 Trioxide) 7446-11-9 1000

15-34 Tellurium Hexafluoride 7783-80-4 250

15-35 Tetrafluoroethylene 116-14-3 5000

15-36 Tetrafluorohydrazine 10036-47-2 5000

15-37 Tetramethyl Lead 75-74-1 7500

15-38 Thionyl Chloride 7719-09-7 250

15-39 Titanium Tetrachloride 7550-45-0 2500

15-40 Trichloro(chloromethyl) Silane 1558-25-4 100

15-41 Trichloro(dichlorophenyl) Silane 27137-85-5 2500

15-42 Trichlorosilane 10025-78-2 5000

16-1 Trifluorochloroethylene 79-38-9 10000

16-2 Trimethyoxysilane 2487-90-3 1500

16-3 2. The division, in consultation with the health districts created

16-4 pursuant to NRS 439.370, the health division of the department of human

16-5 resources and the division of industrial relations of the department of

16-6 business and industry, shall regularly examine the sources of information

16-7 available to it with regard to potentially highly hazardous substances. The

16-8 division shall, by regulation, add to the list of highly hazardous substances

16-9 any chemical that is identified as being used, manufactured, stored, or

16-10 capable of being produced, at a facility, in sufficient quantities at a single

16-11 site, that its release into the environment would produce a significant

16-12 likelihood that persons exposed would suffer death or substantial bodily

16-13 harm as a consequence of the exposure.

16-14 Sec. 10. NRS 482.181 is hereby amended to read as follows:

16-15 482.181 1. Except as otherwise provided in subsection 4, the

16-16 department shall certify monthly to the state board of examiners the amount

16-17 of the basic and supplemental privilege taxes collected for each county by

16-18 the department and its agents during the preceding month, and that money

16-19 must be distributed monthly as provided in this section.

16-20 2. Any supplemental privilege tax collected for a county must be

16-21 distributed only to the county, to be used as provided in NRS 371.045 and

16-22 371.047.

16-23 3. The distribution of the basic privilege tax within a county must be

16-24 made to local governments, special districts and enterprise districts

16-25 pursuant to the provisions of NRS 360.680 and 360.690. The distribution

16-26 of the basic privilege tax must be made to the county school district within

16-27 the county before the distribution of the basic privilege tax pursuant to the

16-28 provisions of NRS 360.680 and 360.690 and in the same ratio as all

16-29 property taxes were levied in the county in the previous fiscal year, but the

16-30 State of Nevada is not entitled to share in that distribution. For the purpose

16-31 of calculating the amount of basic privilege tax to be distributed to the

16-32 county school district, the taxes levied by each local government, special

16-33 district and enterprise district are the product of its certified valuation,

16-34 determined pursuant to subsection 2 of NRS 361.405, and its tax rate,

16-35 established pursuant to NRS 361.455 for the fiscal year beginning on July

16-36 1, 1980, except that the tax rate for school districts, including the rate

16-37 attributable to a district’s debt service, is the rate established pursuant to

16-38 NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate

16-39 attributable to a district’s debt service in any fiscal year is greater than its

16-40 rate for the fiscal year beginning on July 1, 1978, the higher rate must be

16-41 used to determine the amount attributable to debt service.

17-1 4. An amount equal to any basic privilege tax distributed to a

17-2 redevelopment agency in the fiscal year 1987-1988 must continue to be

17-3 distributed to that agency [or area] as long as it exists but must not be

17-4 increased.

17-5 5. The department shall make distributions of basic privilege tax

17-6 directly to county school districts.

17-7 6. As used in this section:

17-8 (a) "Enterprise district" has the meaning ascribed to it in NRS 360.620.

17-9 (b) "Local government" has the meaning ascribed to it in NRS 360.640.

17-10 (c) "Special district" has the meaning ascribed to it in NRS 360.650.

17-11 Sec. 11. NRS 483.495 is hereby amended to read as follows:

17-12 483.495 The department shall by regulation:

17-13 1. Except as otherwise provided in paragraph (h) of subsection 1 of

17-14 NRS 62.211, [subsection 7 of NRS 62.224,] and NRS 62.2263 and 62.227,

17-15 set forth any tests and other requirements which are a condition for the

17-16 reinstatement of a license after any suspension, revocation, cancellation or

17-17 voluntary surrender of the license. The tests and requirements:

17-18 (a) Must provide for a fair evaluation of a person’s ability to operate a

17-19 motor vehicle; and

17-20 (b) May allow for the waiver of certain tests or requirements as the

17-21 department deems necessary.

17-22 2. Set forth the circumstances under which the administrator may, for

17-23 good cause shown, rescind the revocation, suspension or cancellation of a

17-24 license, or shorten the period for the suspension of a license.

17-25 Sec. 12. NRS 581.500 is hereby amended to read as follows:

17-26 581.500 1. The [council,] advisory council on the metric system,

17-27 consisting of seven members appointed by the governor, is hereby created

17-28 within the division of agriculture of the department of business and

17-29 industry.

17-30 2. The governor shall appoint:

17-31 (a) One member from business.

17-32 (b) One member from the engineering profession.

17-33 (c) One member from a trade organization.

17-34 (d) One member from industry.

17-35 (e) One member from a labor organization.

17-36 (f) One member from the faculty of a university in the University and

17-37 Community College System of Nevada.

17-38 (g) One member from the faculty of a public elementary or secondary

17-39 school.

17-40 Sec. 13. NRS 612.090 is hereby amended to read as follows:

17-41 612.090 1. "Employment" includes agricultural labor if:

17-42 (a) The services are performed in the employ of a person who:

18-1 (1) Paid cash wages of $20,000 or more during any calendar quarter

18-2 of the current calendar year or preceding calendar year to persons

18-3 employed in agricultural labor; or

18-4 (2) Employed 10 or more persons in agricultural labor some portion

18-5 of the day for at least 20 days, each day being in a different calendar week,

18-6 during the current calendar year or preceding calendar year whether or not

18-7 the weeks were consecutive or the persons were employed at the same

18-8 moment of time; and

18-9 (b) The services are performed:

18-10 (1) On a farm, in the employ of any person, in connection with

18-11 cultivating the soil, or in connection with raising or harvesting any

18-12 agricultural or horticultural commodity, including the raising, shearing,

18-13 feeding, caring for, training and management of livestock, bees, poultry and

18-14 fur-bearing animals and wildlife.

18-15 (2) In the employ of the owner or tenant or other operator of a farm,

18-16 in connection with the operation, management, conservation, improvement

18-17 or maintenance of the farm and its tools and equipment, or in salvaging

18-18 timber or clearing land of brush and other debris left by a hurricane, if the

18-19 major part of the service is performed on a farm.

18-20 (3) In connection with the production or harvesting of any commodity

18-21 defined as an agricultural commodity in section 15(g) of the Agricultural

18-22 Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of

18-23 cotton, or in connection with the operation or maintenance of ditches,

18-24 canals, reservoirs or waterways, not owned or operated for profit, used

18-25 exclusively for supplying and storing water for farming purposes.

18-26 (4) [In] Except as otherwise provided in subsection 2, in the employ

18-27 of the operator of a farm in handling, planting, drying, packing, packaging,

18-28 processing, freezing, grading, storing or delivering to storage or to market,

18-29 or to a carrier for transportation to market, in its unmanufactured state, any

18-30 agricultural or horticultural commodity, but only if the operator produced

18-31 more than one-half of the commodity with respect to which such service is

18-32 performed.

18-33 (5) [In] Except as otherwise provided in subsection 2, in the employ

18-34 of a group of operators of farms, or a cooperative organization of which

18-35 such operators are members, in the performance of service described in

18-36 subparagraph (4), but only if such operators produced more than one-half

18-37 of the commodity with respect to which such service is performed.

18-38 [The provisions of subparagraphs (4) and (5) do not apply to service

18-39 performed in connection with commercial canning or commercial freezing

18-40 or in connection with any agricultural or horticultural commodity after its

18-41 delivery to a terminal market for distribution for consumption.]

18-42 (6) On a farm operated for profit although the service is not in the

18-43 course of the employer’s trade or business.

19-1 2. The provisions of subparagraphs (4) and (5) of paragraph (b) of

19-2 subsection 1 do not apply to service performed in connection with

19-3 commercial canning or commercial freezing or in connection with any

19-4 agricultural or horticultural commodity after its delivery to a terminal

19-5 market for distribution for consumption.

19-6 3. As used in this section, the term "farm" includes stock, dairy,

19-7 poultry, fruit, fur-bearing animal and truck farms, plantations, ranches,

19-8 nurseries, ranges, greenhouses or other similar structures used primarily for

19-9 raising agricultural or horticultural commodities, and orchards.

19-10 [3.] 4. The provisions of this section do not apply to services

19-11 performed before January 1, 1980, by an alien admitted to the United States

19-12 to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H)

19-13 of the Immigration and Nationality Act, 8 U.S.C. §§ 1184(c) and

19-14 1101(a)(15)(H) respectively.

19-15 Sec. 14. Chapter 645D of NRS is hereby amended by adding thereto

19-16 the provisions set forth as sections 15 and 16 of this act.

19-17 Sec. 15. 1. A person who applies for the issuance or renewal of a

19-18 certificate shall submit to the administrator the statement prescribed by

19-19 the welfare division of the department of human resources pursuant to

19-20 NRS 425.520. The statement must be completed and signed by the

19-21 applicant.

19-22 2. The administrator shall include the statement required pursuant to

19-23 subsection 1 in:

19-24 (a) The application or any other forms that must be submitted for the

19-25 issuance or renewal of the certificate; or

19-26 (b) A separate form prescribed by the administrator.

19-27 3. A certificate may not be issued or renewed by the administrator if

19-28 the applicant:

19-29 (a) Fails to submit the statement required pursuant to subsection 1; or

19-30 (b) Indicates on the statement submitted pursuant to subsection 1 that

19-31 he is subject to a court order for the support of a child and is not in

19-32 compliance with the order or a plan approved by the district attorney or

19-33 other public agency enforcing the order for the repayment of the amount

19-34 owed pursuant to the order.

19-35 4. If an applicant indicates on the statement submitted pursuant to

19-36 subsection 1 that he is subject to a court order for the support of a child

19-37 and is not in compliance with the order or a plan approved by the district

19-38 attorney or other public agency enforcing the order for the repayment of

19-39 the amount owed pursuant to the order, the administrator shall advise the

19-40 applicant to contact the district attorney or other public agency enforcing

19-41 the order to determine the actions that the applicant may take to satisfy

19-42 the arrearage.

20-1 Sec. 16. 1. If the administrator receives a copy of a court order

20-2 issued pursuant to NRS 425.540 that provides for the suspension of all

20-3 professional, occupational and recreational licenses, certificates and

20-4 permits issued to a certified inspector, the administrator shall deem the

20-5 certificate issued to that person to be suspended at the end of the 30th

20-6 day after the date on which the court order was issued unless the

20-7 administrator receives a letter issued to the certified inspector by the

20-8 district attorney or other public agency pursuant to NRS 425.550 stating

20-9 that the certified inspector has complied with the subpoena or warrant or

20-10 has satisfied the arrearage pursuant to NRS 425.560.

20-11 2. The administrator shall reinstate a certificate that has been

20-12 suspended by a district court pursuant to NRS 425.540 if the

20-13 administrator receives a letter issued by the district attorney or other

20-14 public agency pursuant to NRS 425.550 to the person whose certificate

20-15 was suspended stating that the person whose certificate was suspended

20-16 has complied with the subpoena or warrant or has satisfied the arrearage

20-17 pursuant to NRS 425.560.

20-18 Sec. 17. NRS 645D.170 is hereby amended to read as follows:

20-19 645D.170 An application for a certificate must be in writing upon a

20-20 form prepared and furnished by the division. The application must include

20-21 the following information:

20-22 1. The name, age , [and] address and social security number of the

20-23 applicant.

20-24 2. The place or places, including the street number, city and county, at

20-25 which the applicant intends to maintain an office to conduct business as an

20-26 inspector.

20-27 3. The business, occupation or other employment of the applicant

20-28 during the 5 years immediately preceding the date of the application, and

20-29 the location thereof.

20-30 4. The applicant’s education and experience to qualify for a certificate.

20-31 5. Whether the applicant has ever been convicted of, is under

20-32 indictment for, or has entered a plea of guilty or nolo contendere to:

20-33 (a) A felony, and if so, the nature of the felony.

20-34 (b) Forgery, embezzlement, obtaining money under false pretenses,

20-35 larceny, extortion, conspiracy to defraud or any crime involving moral

20-36 turpitude.

20-37 6. If the applicant is a member of a partnership or association or is an

20-38 officer of a corporation, the name and address of the principal office of the

20-39 partnership, association or corporation.

20-40 7. Any other information relating to the qualifications or background of

20-41 the applicant that the division requires.

21-1 Sec. 18. NRS 645D.200 is hereby amended to read as follows:

21-2 645D.200 1. The administrator shall issue a certificate to any person

21-3 who:

21-4 (a) Is of good moral character, honesty and integrity;

21-5 (b) Has the education and experience prescribed in the regulations

21-6 adopted pursuant to NRS 645D.120; [and]

21-7 (c) Has submitted proof that he or his employer holds a policy of

21-8 insurance that complies with the requirements of subsection 1 of NRS

21-9 645D.190 [.] ; and

21-10 (d) Has submitted the statement required pursuant to section 15 of

21-11 this act.

21-12 2. The administrator may deny an application for a certificate to any

21-13 person who:

21-14 (a) Has been convicted of, or entered a plea of guilty or nolo contendere

21-15 to, forgery, embezzlement, obtaining money under false pretenses, larceny,

21-16 extortion, conspiracy to defraud or any crime involving moral turpitude;

21-17 (b) Makes a false statement of a material fact on his application;

21-18 (c) Has had a certificate suspended or revoked pursuant to this chapter

21-19 within the 10 years immediately preceding the date of his application; or

21-20 (d) Has not submitted proof that he or his employer holds a policy of

21-21 insurance that complies with the requirements of subsection 1 of NRS

21-22 645D.190.

21-23 Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of

21-24 this act expire by limitation on the date on which the provisions of 42

21-25 U.S.C. § 666 requiring each state to establish procedures under which the

21-26 state has authority to withhold or suspend, or to restrict the use of

21-27 professional, occupational and recreational licenses of persons who:

21-28 1. Have failed to comply with a subpoena or warrant relating to a

21-29 proceeding to determine the paternity of a child or to establish or enforce

21-30 an obligation for the support of a child; or

21-31 2. Are in arrears in the payment for the support of one or more

21-32 children,

21-33 are repealed by the Congress of the United States.

21-34 Sec. 20. This act becomes effective upon passage and approval.

~