Assembly Bill No. 645–Committee on Judiciary
(On Behalf of Legislative Commission)
March 22, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Makes various technical changes to provisions of Nevada Revised Statutes. (BDR S-819)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 1.390 is hereby amended to read as follows: 1.390 1. Each member of the commission on judicial selection who1-3
is not a judicial officer is entitled to receive a salary of not more than $80,1-4
as fixed by the commission, for each day’s attendance at each meeting of1-5
the commission.1-6
2. While engaged in the business of the commission, each member and1-7
employee of the commission is entitled to receive the per diem allowance1-8
and travel expenses provided for state officers and employees generally.1-9
Sec. 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 for1-11
his services rendered in discharging the duties imposed upon him by law1-12
the following fees:1-13
(a) Except as otherwise provided in paragraph (c), whenever an appeal1-14
is taken to the supreme court, or whenever a special proceeding by way of1-15
mandamus, certiorari, prohibition, quo warranto, habeas corpus, or1-16
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 the2-1
appeal, cross-appeal or petition for a special proceeding has been entered2-2
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 appeal2-4
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 court2-6
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 the2-9
State of Nevada or any county, city or town thereof, or any officer or2-10
commission thereof is a party in his or its official or representative2-11
capacity, against the2-12
commission;2-13
(2) A habeas corpus proceeding of a criminal or quasi-criminal2-14
nature; or2-15
(3) An appeal taken from, or a special proceeding arising out of, a2-16
criminal proceeding.2-17
(d) A fee of $60 for supreme court decisions in pamphlet form for each2-18
year, or a fee of $30 for less than a 6 months’ supply of decisions, to be2-19
collected from each person who requests such decisions, except those2-20
persons and agencies set forth in NRS 2.345. The clerk may charge a2-21
reasonable fee to all parties, including, without limitation, the persons and2-22
agencies set forth in NRS 2.345, for access to decisions of the supreme2-23
court compiled in an electronic format.2-24
(e) A fee from a person who requests a photostatic copy or a photocopy2-25
print of any paper or document in an amount determined by the justices of2-26
the supreme court.2-27
2.2-28
2-29
2-30
is not authorized by law.2-31
3. The clerk of the supreme court shall keep a fee book in which the2-32
clerk shall enter in detail the title of the matter, proceeding or action, and2-33
the fees charged therein. The fee book must be open to public inspection in2-34
the office of the clerk.2-35
4. The clerk of the supreme court shall publish and post in some2-36
conspicuous place in his office a table of fees for public inspection. The2-37
clerk shall forfeit a sum of not less than $20 for each day of his omission to2-38
do so, which sum with costs may be recovered by any person by filing an2-39
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, if2-41
demanded. If the clerk of the supreme court has not received any or all of2-42
the fees which are due to him for services rendered in any suit or2-43
proceeding, the clerk may have execution therefor in his own name against3-1
the party from whom they are due, to be issued from the supreme court3-2
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 the3-4
party paying a fee. The receipt must specify the title of the cause in which3-5
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 state3-7
treasurer money received for court fees, render to the state treasurer a brief3-8
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: 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 than3-14
law, he shall, upon conviction, be removed from office and fined in an3-15
amount not exceeding $1,000.3-16
Sec. 1.5. NRS 4.080 is hereby amended to read as follows: 4.0803-18
3-19
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: 19.0703-23
3-24
3-25
not authorized by law.3-26
Sec. 1.9. NRS 19.110 is hereby amended to read as follows: 19.110 If any county clerk3-28
are3-29
indictment, and on conviction shall be removed from office and fined in3-30
any sum not exceeding $1,000.3-31
Sec. 2. NRS 104.9105 is hereby amended to read as follows: 104.9105 1. As used in this article, unless the context otherwise3-33
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 a3-37
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 not3-39
chattel paper. When a transaction is evidenced both by such a security3-40
agreement or a lease and by an instrument or a series of instruments, the3-41
group of writings taken together constitutes chattel paper.3-42
(c) "Collateral" means the property subject to a security interest, and3-43
includes accounts and chattel paper which have been sold.4-1
(d) "Debtor" means the person who owes payment or other performance4-2
of the obligation secured, whether or not he owns or has rights in the4-3
collateral, and includes the seller of accounts or chattel paper. Where the4-4
debtor and the owner of the collateral are not the same person, the term4-5
"debtor" means the owner of the collateral in any provision of the article4-6
dealing with the collateral, the obligor in any provision dealing with the4-7
obligation, and may include both where the context so requires.4-8
(e) "Deposit account" means a demand, time, savings, passbook or like4-9
account maintained with a bank, savings and loan association, credit union4-10
or like organization, other than an account evidenced by a certificate of4-11
deposit.4-12
(f) "Document" means document of title as defined in the general4-13
definitions of article 1 (NRS 104.1201), and a receipt of the kind described4-14
in subsection 2 of NRS 104.7201.4-15
(g) "Encumbrance" includes real estate mortgages and other liens on4-16
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 the4-18
security interest attaches or which are fixtures (NRS 104.9313), but does4-19
not include money, documents, instruments, investment property, accounts,4-20
chattel paper, general intangibles or minerals or the like (including oil and4-21
gas) before extraction. "Goods" also include standing timber which is to be4-22
cut and removed under a conveyance or contract for sale, the unborn young4-23
of animals and growing crops.4-24
(i) "Instrument" means a negotiable instrument (defined in NRS4-25
104.3104) or any other writing which evidences a right to the payment of4-26
money and is not itself a security agreement or lease and is of a type which4-27
is in ordinary course of business transferred by delivery with any necessary4-28
endorsement or assignment. The term does not include investment property.4-29
(j) "Mortgage" means a consensual interest created by a real estate4-30
mortgage, a trust deed on real estate or the like.4-31
(k) An advance is made "pursuant to commitment" if the secured party4-32
has bound himself to make it, whether or not a subsequent event of default4-33
or other event not within his control has relieved or may relieve him from4-34
his obligation.4-35
(l) "Security agreement" means an agreement which creates or provides4-36
for a security interest.4-37
(m) "Secured party" means a lender, seller or other person in whose4-38
favor there is a security interest, including a person to whom accounts or4-39
chattel paper have been sold. When the holders of obligations issued under4-40
an indenture of trust, equipment trust agreement or the like are represented4-41
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 which5-2
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." Subsection5-19
"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 of6-2
construction and interpretation applicable throughout this article.6-3
Sec. 3. NRS 176A.500 is hereby amended to read as follows: 176A.500 1. The period of probation or suspension of sentence may6-5
be indeterminate or may be fixed by the court and may at any time be6-6
extended or terminated by the court, but the period, including any6-7
extensions thereof, must not be more than:6-8
(a) Three years for a:6-9
(1) Gross misdemeanor; or6-10
(2) Suspension of sentence pursuant to NRS 453.3363; or6-11
(b) Five years for a felony .6-12
6-13
6-14
2. At any time during probation or suspension of sentence, the court6-15
may issue a warrant for violating any of the conditions of probation or6-16
suspension of sentence and cause the defendant to be arrested. Except for6-17
the purpose of giving a dishonorable discharge from probation, and except6-18
as otherwise provided in this subsection, the time during which a warrant6-19
for violating any of the conditions of probation is in effect is not part of the6-20
period of probation. If the warrant is canceled or probation is reinstated, the6-21
court may include any amount of that time as part of the period of6-22
probation.6-23
3. Any parole and probation officer or any peace officer with power to6-24
arrest may arrest a probationer without a warrant, or may deputize any6-25
other officer with power to arrest to do so by giving him a written statement6-26
setting forth that the probationer has, in the judgment of the parole and6-27
probation officer, violated the conditions of probation. Except as otherwise6-28
provided in subsection 4, the parole and probation officer, or the peace6-29
officer, after making an arrest shall present to the detaining authorities, if6-30
any, a statement of the charges against the probationer. The parole and6-31
probation officer shall at once notify the court which granted probation of6-32
the arrest and detention or residential confinement of the probationer and6-33
shall submit a report in writing showing in what manner the probationer has6-34
violated the conditions of probation.6-35
4. A parole and probation officer or a peace officer may immediately6-36
release from custody without any further proceedings any person he arrests6-37
without a warrant for violating a condition of probation if the parole and6-38
probation officer or peace officer determines that there is no probable cause6-39
to believe that the person violated the condition of probation.6-40
Sec. 4. NRS 201.020 is hereby amended to read as follows: 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 of6-43
his spouse in destitute or necessitous circumstances, or any parent who7-1
without lawful excuse deserts or willfully neglects or refuses to provide for7-2
the support and maintenance of his legitimate or illegitimate minor child or7-3
children, or any parent who without lawful excuse deserts or willfully7-4
neglects or refuses to provide for the support and maintenance of his7-5
legitimate or illegitimate child or children who upon arriving at the age of7-6
majority are unable to provide themselves with support and maintenance7-7
because of infirmity, incompetency or other legal disability contracted7-8
before their reaching the age of majority, shall be punished:7-9
(a)7-10
convicted persisted for less than 6 months, for a misdemeanor or, if such7-11
conduct persisted for more than 6 months, for a gross misdemeanor or, if7-12
for more than 1 year, for a category C felony by imprisonment in the state7-13
prison for a minimum term of not less than 1 year and a maximum term of7-14
not more than 5 years, or by a fine of not more than $5,000, or by both fine7-15
and imprisonment.7-16
(b) For any subsequent offense for a category C felony as provided in7-17
NRS 193.130.7-18
2. In addition to other orders which the court may make relative to the7-19
defendant’s obligation to provide support to his spouse and children, the7-20
court may impose an intermittent sentence on a person found guilty of a7-21
violation of subsection 1 if it finds that such a sentence would be in the best7-22
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 1.7-25
NRS 202.3653 to 202.369, inclusive, it is unlawful for a person within this7-26
state to:7-27
(a) Manufacture or cause to be manufactured, or import into the state, or7-28
keep, offer or expose for sale, or give, lend or possess any knife which is7-29
made an integral part of a belt buckle or any instrument or weapon of the7-30
kind commonly known as a switchblade knife, blackjack, slung shot, billy,7-31
sand-club, sandbag or metal knuckles; or7-32
(b)7-33
concealed upon his person any:7-34
(1) Explosive substance, other than ammunition or any components7-35
thereof;7-36
(2) Dirk, dagger or machete;7-37
(3) Pistol, revolver or other firearm, or other dangerous or deadly7-38
weapon; or7-39
(4) Knife which is made an integral part of a belt buckle.7-40
2.7-41
person to possess or use a:7-42
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of7-43
another; or8-1
(b) Machine gun or a silencer.8-2
3. Except as otherwise provided in NRS 202.275 and 212.185, a8-3
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 be8-6
punished as provided in NRS 193.130.8-7
4. Except as otherwise provided in this subsection ,8-8
8-9
written application by a resident of that county showing the reason or the8-10
purpose for which a concealed weapon is to be carried, issue a permit8-11
authorizing the applicant to carry in this state the concealed weapon8-12
described in the permit. The sheriff shall not issue a permit to a person to8-13
carry a switchblade knife. This subsection does not authorize the sheriff to8-14
issue a permit to a person to carry a pistol, revolver or other firearm.8-15
5.8-16
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 other8-19
appointed officers.8-20
(b) Any person summoned by any peace officer to assist in making8-21
arrests or preserving the peace while the person so summoned is actually8-22
engaged in assisting such an officer.8-23
(c) Any full-time paid peace officer of an agency of the United States or8-24
another state or political subdivision thereof when carrying out official8-25
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 former8-28
peace officer who is retired for disability unless his former employer has8-29
approved his fitness to carry a concealed weapon.8-30
7. The provisions of paragraph (b) of subsection 2 do not apply to any8-31
person who is licensed, authorized or permitted to possess or use a machine8-32
gun or silencer pursuant to federal law. The burden of establishing federal8-33
licensure, authorization or permission is upon the person possessing the8-34
license, authorization or permission.8-35
8. As used in this section:8-36
(a) "Concealed weapon"8-37
8-38
carried upon a person in such a manner as not to be discernible by8-39
ordinary observation.8-40
(b) "Honorably retired" means retired in Nevada after completion of 108-41
years of creditable service as a member of the public employees’ retirement8-42
system. A former peace officer is not "honorably retired" if he was9-1
discharged for cause or resigned before the final disposition of allegations9-2
of serious misconduct.9-3
(c) "Machine gun" means any weapon which shoots, is designed to9-4
shoot or can be readily restored to shoot more than one shot, without9-5
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 a9-8
weapon in forms of Oriental combat.9-9
(e) "Silencer" means any device for silencing, muffling or diminishing9-10
the report of a firearm, including any combination of parts, designed or9-11
redesigned, and intended for use in assembling or fabricating a silencer or9-12
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 or9-14
any other knife having the appearance of a pocket knife, any blade of which9-15
is 2 or more inches long and which can be released automatically by a flick9-16
of a button, pressure on the handle or other mechanical device, or is9-17
released by any type of mechanism.9-18
(g) "Trefoil" means an instrument consisting of a metal plate having9-19
three or more radiating points with sharp edges, designed in the shape of a9-20
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: 239.010 1. All public books and public records of a governmental9-23
entity, the contents of which are not otherwise declared by law to be9-24
confidential, must be open at all times during office hours to inspection by9-25
any person, and may be fully copied or an abstract or memorandum may be9-26
prepared from those public books and public records. Any such copies,9-27
abstracts or memoranda may be used to supply the general public with9-28
copies, abstracts or memoranda of the records or may be used in any other9-29
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 laws9-31
governing copyrights or enlarge, diminish or affect in any other manner the9-32
rights of a person in any written book or record which is copyrighted9-33
pursuant to federal law.9-34
2. A governmental entity may not reject a book or record which is9-35
copyrighted solely because it is copyrighted.9-36
3. A person may request a copy of a public record in any medium in9-37
which the public record is readily available. An officer, employee or agent9-38
of a governmental entity who has custody of a public record shall not refuse9-39
to provide a copy of that public record in a readily available medium9-40
because he has already prepared or would prefer to provide the copy in a9-41
different medium.10-1
10-2
10-3
10-4
10-5
10-6
Sec. 7. NRS 271.515 is hereby amended to read as follows: 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 or10-10
times, but in no event commencing later than 1 year nor exceeding 20 years10-11
from their date;10-12
(c) Must bear interest which may be evidenced by one or two sets of10-13
coupons, payable annually or semiannually, except that the first coupon or10-14
coupons on any bond may represent interest for any period not in excess of10-15
1 year;10-16
(d) Must be payable in such medium of payment at such place or places10-17
within and without the state, including , but not limited to , the office of the10-18
county treasurer; and10-19
(e) At the option of the governing body, may be made subject to prior10-20
redemption in advance of maturity, in such order or by lot or otherwise, at10-21
such time or times, without or with the payment of a premium or premiums10-22
not exceeding 9 percent of the principal amount of each bond so10-24
as provided by ordinance.10-25
2. Bonds may be issued with privileges for registration for payment as10-26
to principal, or both principal and interest, and where interest accruing on10-27
the bonds is not represented by interest coupons, the bonds may provide for10-28
the endorsing of payments of interest thereon; and the bonds generally must10-29
be issued in such manner, in such form, with such recitals, terms, covenants10-30
and conditions, with such provisions for conversion into bonds of other10-31
denominations, and with such other details, as may be provided by the10-32
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 temporary10-35
bonds, in such form and with such provisions as the governing body may10-36
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 bonds10-39
must be fully negotiable within the meaning of and for all the purposes of10-40
the10-41
Negotiable Instruments and the Uniform Commercial Code—Investment10-42
Securities.11-1
5. Notwithstanding any other provisions of law, the governing body, in11-2
any proceedings authorizing bonds hereunder, may:11-3
(a) Provide for the initial issuance of one or more bonds (in this11-4
subsection 5 called "bond") aggregating the amount of the entire issue or11-5
any portion thereof.11-6
(b) Make such provision for installment payments of the principal11-7
amount of any such bond as it may consider desirable.11-8
(c) Provide for the making of any such bond payable to bearer or11-9
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 and11-13
circumstances in and under which any such bond may in the future, at the11-14
request of the holder thereof, be converted into bonds of larger or smaller11-15
denominations, which bonds of larger or smaller denominations may in turn11-16
be either coupon bonds or bonds registrable as to principal, or both11-17
principal and interest, or either, at the option of the holder.11-18
6. Any bonds may be issued hereunder with provisions for their11-19
reissuance, and the terms and conditions thereof, whether lost, apparently11-20
destroyed, wrongfully taken, or for any other reason, as provided in the11-21
Uniform Commercial Code—Investment Securities, or otherwise.11-22
7. Any bond must be executed in the name of and on behalf of the11-23
municipality and signed by the mayor, chairman, or other presiding officer11-24
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 bear11-28
the original or facsimile signature of the treasurer.11-29
9. Any bond may be executed as provided in the Uniform Facsimile11-30
Signatures of Public Officials Act .11-31
therewith is not a condition precedent to the execution of any coupon with a11-32
facsimile signature .11-33
10. The bonds and coupons, bearing the signatures of the officers in11-34
office at the time of the signing thereof, are the valid and binding11-35
obligations of the municipality, notwithstanding that before the delivery11-36
thereof and payment therefor, any or all of the persons whose signatures11-37
appear thereon have ceased to fill their respective offices.11-38
11. Any officer herein authorized or permitted to sign any bond, at the11-39
time of its execution and of the execution of a signature certificate, may11-40
adopt as and for his own facsimile signature the facsimile signature of his11-41
predecessor in office in the event that such facsimile signature appears11-42
upon the bond or coupons pertaining thereto, or upon both the bond and11-43
such coupons.12-1
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 to12-3
422.306, inclusive, and 422.380 to 422.390, inclusive,12-4
unless the context otherwise requires, "administrator" means the12-5
administrator of the division of health care financing and policy.12-6
Sec. 9. NRS 459.3816 is hereby amended to read as follows: 459.3816 1. The following substances are designated as highly12-8
hazardous, if present in the quantity designated after each substance or a12-9
greater quantity:12-10
Number Assigned12-11
by Chemical Quantity12-12
Chemical Name of Substance Abstract Service (In pounds)12-13
Acetaldehyde 75-07-0 250012-14
Acrolein (2-Propenal) 107-02-8 15012-15
Acrylyl Chloride 814-68-6 25012-16
Allyl Chloride 107-05-1 100012-17
Allylamine 107-11-9 150012-18
Alkylaluminums None 500012-19
Ammonia, Anhydrous 7664-41-7 500012-20
Ammonia solutions (44% ammonia by12-21
weight) 7664-41-7 1000012-22
Ammonium Perchlorate 7790-98-9 750012-23
Ammonium Permanganate 7787-36-2 750012-24
Arsine (also called Arsenic Hydride) 7784-42-1 10012-25
Bis (Chloromethyl) Ether 542-88-1 10012-26
Boron Trichloride 10294-34-5 250012-27
Boron Trifluoride 7637-07-2 25012-28
Bromine 7726-95-6 150012-29
Bromine Chloride 13863-41-7 150012-30
Bromine Pentafluoride 7789-30-2 250012-31
Bromine Trifluoride 7787-71-5 1500012-32
3-Bromopropyne (also called Propargyl12-33
Bromide) 106-96-7 750012-34
Butyl Hydroperoxide (Tertiary) 75-91-2 500012-35
Butyl Perbenzoate (Tertiary) 614-45-9 750012-36
Carbonyl Chloride (see Phosgene) 75-44-5 10012-37
Carbonyl Fluoride 353-50-4 250012-38
Cellulose Nitrate (concentration 12.6%12-39
Nitrogen) 9004-70-0 250012-40
Chlorine 7782-50-5 150012-41
Chlorine Dioxide 10049-04-4 100013-1
Chlorine Pentafluoride 13637-63-3 100013-2
Chlorine Trifluoride 7790-91-2 100013-3
Chlorodiethylaluminum (also called13-4
Diethylaluminum Chloride) 96-10-6 500013-5
1-Chloro-2,4-Dinitrobenzene 97-00-7 500013-6
Chloromethyl Methyl Ether 107-30-2 50013-7
Chloropicrin 76-06-2 50013-8
Chloropicrin and Methyl Bromide mixture None 150013-9
Chloropicrin and Methyl Chloride mixture None 150013-10
Cumene Hydroperoxide 80-15-9 500013-11
Cyanogen 460-19-5 250013-12
Cyanogen Chloride 506-77-4 50013-13
Cyanuric Fluoride 675-14-9 10013-14
Diacetyl Peroxide (concentration 70%) 110-22-5 500013-15
Diazomethane 334-88-3 50013-16
Dibenzoyl Peroxide 94-36-0 750013-17
Diborane 19287-45-7 10013-18
Dibutyl Peroxide (Tertiary) 110-05-4 500013-19
Dichloro Acetylene 7572-29-4 25013-20
Dichlorosilane 4109-96-0 250013-21
Diethylzinc 557-20-0 1000013-22
Diisopropyl Peroxydicarbonate 105-64-6 750013-23
Dilauroyl Peroxide 105-74-8 750013-24
Dimethyl Sulfide 75-18-3 10013-25
Dimethyldichlorosilane 75-78-5 100013-26
Dimethylhydrazine, 1.1- 57-14-7 100013-27
Dimethylamine, Anhydrous 124-40-3 250013-28
Ethyl Methyl Ketone Peroxide (also Methyl13-29
Ethyl Ketone Peroxide; concentration13-30
60%) 1338-23-4 500013-31
Ethyl Nitrite 109-95-5 500013-32
Ethylamine 75-04-7 750013-33
Ethylene Fluorohydrin 371-62-0 10013-34
Ethylene Oxide 75-21-8 500013-35
Ethyleneimine 151-56-4 100013-36
Fluorine 7782-41-4 100013-37
Formaldehyde (concentration 90%) 50-00-0 100013-38
Furan 110-00-9 50013-39
Hexafluoroacetone 684-16-2 500013-40
Hydrochloric Acid, Anhydrous 7647-01-0 500013-41
Hydrofluoric Acid, Anhydrous 7664-39-3 100013-42
Hydrogen Bromide 10035-10-6 500013-43
Hydrogen Chloride 7647-01-0 500014-1
Hydrogen Cyanide, Anhydrous 74-90-8 100014-2
Hydrogen Fluoride 7664-39-3 100014-3
Hydrogen Peroxide (52% by weight or more) 7722-84-114-4 750014-5
Hydrogen Selenide 7783-07-5 15014-6
Hydrogen Sulfide 7783-06-4 150014-7
Hydroxylamine 7803-49-8 250014-8
Iron, Pentacarbonyl- 13463-40-6 25014-9
Isopropyl Formate 625-55-8 50014-10
Isopropylamine 75-31-0 500014-11
Ketene 463-51-4 10014-12
Methacrylaldehyde 78-85-3 100014-13
Methacryloyl Chloride 920-46-7 15014-14
Methacryloyloxyethyl Isocyanate 30674-80-7 10014-15
Methyl Acrylonitrile 126-98-7 25014-16
Methylamine, Anhydrous 74-89-5 100014-17
Methyl Bromide 74-83-9 250014-18
Methyl Chloride 74-87-3 1500014-19
Methyl Chloroformate 79-22-1 50014-20
Methyl Disulfide 624-92-0 10014-21
Methyl Ethyl Ketone Peroxide14-22
14-23
Ketone Peroxide; concentration14-24
60%) 1338-23-4 500014-25
Methyl Fluoroacetate 453-18-9 10014-26
Methyl Fluorosulfate 421-20-5 10014-27
Methyl Hydrazine 60-34-4 10014-28
Methyl Iodide 74-88-4 750014-29
Methyl Isocyanate 624-83-9 25014-30
Methyl Mercaptan 74-93-1 500014-31
Methyl Vinyl Ketone 78-94-4 10014-32
Methyltrichlorosilane 75-79-6 50014-33
Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 15014-34
Nitric Acid (94.5% by weight or greater) 7697-37-2 50014-35
Nitric Oxide 10102-43-9 25014-36
Nitroaniline (para Nitroaniline) 100-01-6 500014-37
Nitromethane 75-52-5 250014-38
Nitrogen Dioxide 10102-44-0 25014-39
Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 25014-40
Nitrogen Tetroxide (also called Nitrogen14-41
Peroxide) 10544-72-6 25014-42
Nitrogen Trifluoride 7783-54-2 500014-43
Nitrogen Trioxide 10544-73-7 25015-1
Oleum (65% or greater by weight of sulfur15-2
trioxide; also called Fuming Sulfuric Acid) 8014-95-7 100015-3
Osmium Tetroxide 20816-12-0 10015-4
Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 10015-5
Ozone 10028-15-6 10015-6
Pentaborane 19624-22-7 10015-7
Peracetic Acid (also called Peroxyacetic15-8
Acid) 79-21-0 500015-9
Perchloric Acid (concentration 60%) 7601-90-3 500015-10
Perchloromethyl Mercaptan 594-42-3 15015-11
Perchloryl Fluoride 7616-94-6 500015-12
Peroxyacetic Acid (concentration 60%; also15-13
called Peracetic Acid) 79-21-0 500015-14
Phosgene (also called Carbonyl Chloride) 75-44-5 10015-15
Phosphine (Hydrogen Phosphide) 7803-51-2 10015-16
Phosphorus Oxychloride (also called15-17
Phosphoryl Chloride) 10025-87-3 100015-18
Phosphorus Trichloride 7719-12-2 100015-19
Phosphoryl Chloride (also called Phosphorus15-20
Oxychloride) 10025-87-3 100015-21
Propargyl Bromide (also called15-22
3-Bromopropyne) 106-96-7 750015-23
Propyl Nitrate 627-13-4 250015-24
Sarin 107-44-8 10015-25
Selenium Hexafluoride 7783-79-1 100015-26
Stibine (Antimony Hydride) 7803-52-3 50015-27
Sulfur Dioxide (liquid) 7446-09-5 100015-28
Sulfur Pentafluoride 5714-22-7 25015-29
Sulfur Tetrafluoride 7783-60-0 25015-30
Sulfur Trioxide (also called Sulfuric15-31
Anhydride) 7446-11-9 100015-32
Sulfuric Anhydride (also called Sulfur15-33
Trioxide) 7446-11-9 100015-34
Tellurium Hexafluoride 7783-80-4 25015-35
Tetrafluoroethylene 116-14-3 500015-36
Tetrafluorohydrazine 10036-47-2 500015-37
Tetramethyl Lead 75-74-1 750015-38
Thionyl Chloride 7719-09-7 25015-39
Titanium Tetrachloride 7550-45-0 250015-40
Trichloro(chloromethyl) Silane 1558-25-4 10015-41
Trichloro(dichlorophenyl) Silane 27137-85-5 250015-42
Trichlorosilane 10025-78-2 500016-1
Trifluorochloroethylene 79-38-9 1000016-2
Trimethyoxysilane 2487-90-3 150016-3
2. The division, in consultation with the health districts created16-4
pursuant to NRS 439.370, the health division of the department of human16-5
resources and the division of industrial relations of the department of16-6
business and industry, shall regularly examine the sources of information16-7
available to it with regard to potentially highly hazardous substances. The16-8
division shall, by regulation, add to the list of highly hazardous substances16-9
any chemical that is identified as being used, manufactured, stored, or16-10
capable of being produced, at a facility, in sufficient quantities at a single16-11
site, that its release into the environment would produce a significant16-12
likelihood that persons exposed would suffer death or substantial bodily16-13
harm as a consequence of the exposure.16-14
Sec. 10. NRS 482.181 is hereby amended to read as follows: 482.181 1. Except as otherwise provided in subsection 4, the16-16
department shall certify monthly to the state board of examiners the amount16-17
of the basic and supplemental privilege taxes collected for each county by16-18
the department and its agents during the preceding month, and that money16-19
must be distributed monthly as provided in this section.16-20
2. Any supplemental privilege tax collected for a county must be16-21
distributed only to the county, to be used as provided in NRS 371.045 and16-22
371.047.16-23
3. The distribution of the basic privilege tax within a county must be16-24
made to local governments, special districts and enterprise districts16-25
pursuant to the provisions of NRS 360.680 and 360.690. The distribution16-26
of the basic privilege tax must be made to the county school district within16-27
the county before the distribution of the basic privilege tax pursuant to the16-28
provisions of NRS 360.680 and 360.690 and in the same ratio as all16-29
property taxes were levied in the county in the previous fiscal year, but the16-30
State of Nevada is not entitled to share in that distribution. For the purpose16-31
of calculating the amount of basic privilege tax to be distributed to the16-32
county school district, the taxes levied by each local government, special16-33
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 July16-36
1, 1980, except that the tax rate for school districts, including the rate16-37
attributable to a district’s debt service, is the rate established pursuant to16-38
NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate16-39
attributable to a district’s debt service in any fiscal year is greater than its16-40
rate for the fiscal year beginning on July 1, 1978, the higher rate must be16-41
used to determine the amount attributable to debt service.17-1
4. An amount equal to any basic privilege tax distributed to a17-2
redevelopment agency in the fiscal year 1987-1988 must continue to be17-3
distributed to that agency17-4
increased.17-5
5. The department shall make distributions of basic privilege tax17-6
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: 483.495 The department shall by regulation:17-13
1. Except as otherwise provided in paragraph (h) of subsection 1 of17-14
NRS 62.211,17-15
set forth any tests and other requirements which are a condition for the17-16
reinstatement of a license after any suspension, revocation, cancellation or17-17
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 a17-19
motor vehicle; and17-20
(b) May allow for the waiver of certain tests or requirements as the17-21
department deems necessary.17-22
2. Set forth the circumstances under which the administrator may, for17-23
good cause shown, rescind the revocation, suspension or cancellation of a17-24
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: 581.500 1. The17-27
consisting of seven members appointed by the governor, is hereby created17-28
within the division of agriculture of the department of business and17-29
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 and17-37
Community College System of Nevada.17-38
(g) One member from the faculty of a public elementary or secondary17-39
school.17-40
Sec. 13. NRS 612.090 is hereby amended to read as follows: 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 quarter18-2
of the current calendar year or preceding calendar year to persons18-3
employed in agricultural labor; or18-4
(2) Employed 10 or more persons in agricultural labor some portion18-5
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 not18-7
the weeks were consecutive or the persons were employed at the same18-8
moment of time; and18-9
(b) The services are performed:18-10
(1) On a farm, in the employ of any person, in connection with18-11
cultivating the soil, or in connection with raising or harvesting any18-12
agricultural or horticultural commodity, including the raising, shearing,18-13
feeding, caring for, training and management of livestock, bees, poultry and18-14
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, improvement18-17
or maintenance of the farm and its tools and equipment, or in salvaging18-18
timber or clearing land of brush and other debris left by a hurricane, if the18-19
major part of the service is performed on a farm.18-20
(3) In connection with the production or harvesting of any commodity18-21
defined as an agricultural commodity in section 15(g) of the Agricultural18-22
Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of18-23
cotton, or in connection with the operation or maintenance of ditches,18-24
canals, reservoirs or waterways, not owned or operated for profit, used18-25
exclusively for supplying and storing water for farming purposes.18-26
(4)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, any18-30
agricultural or horticultural commodity, but only if the operator produced18-31
more than one-half of the commodity with respect to which such service is18-32
performed.18-33
(5)18-34
of a group of operators of farms, or a cooperative organization of which18-35
such operators are members, in the performance of service described in18-36
subparagraph (4), but only if such operators produced more than one-half18-37
of the commodity with respect to which such service is performed.18-38
18-39
18-40
18-41
18-42
(6) On a farm operated for profit although the service is not in the18-43
course of the employer’s trade or business.19-1
2. The provisions of subparagraphs (4) and (5) of paragraph (b) of19-2
subsection 1 do not apply to service performed in connection with19-3
commercial canning or commercial freezing or in connection with any19-4
agricultural or horticultural commodity after its delivery to a terminal19-5
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 for19-9
raising agricultural or horticultural commodities, and orchards.19-10
19-11
performed before January 1, 1980, by an alien admitted to the United States19-12
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) and19-14
1101(a)(15)(H) respectively.19-15
Sec. 14. Chapter 645D of NRS is hereby amended by adding thereto19-16
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 a19-18
certificate shall submit to the administrator the statement prescribed by19-19
the welfare division of the department of human resources pursuant to19-20
NRS 425.520. The statement must be completed and signed by the19-21
applicant.19-22
2. The administrator shall include the statement required pursuant to19-23
subsection 1 in:19-24
(a) The application or any other forms that must be submitted for the19-25
issuance or renewal of the certificate; or19-26
(b) A separate form prescribed by the administrator.19-27
3. A certificate may not be issued or renewed by the administrator if19-28
the applicant:19-29
(a) Fails to submit the statement required pursuant to subsection 1; or19-30
(b) Indicates on the statement submitted pursuant to subsection 1 that19-31
he is subject to a court order for the support of a child and is not in19-32
compliance with the order or a plan approved by the district attorney or19-33
other public agency enforcing the order for the repayment of the amount19-34
owed pursuant to the order.19-35
4. If an applicant indicates on the statement submitted pursuant to19-36
subsection 1 that he is subject to a court order for the support of a child19-37
and is not in compliance with the order or a plan approved by the district19-38
attorney or other public agency enforcing the order for the repayment of19-39
the amount owed pursuant to the order, the administrator shall advise the19-40
applicant to contact the district attorney or other public agency enforcing19-41
the order to determine the actions that the applicant may take to satisfy19-42
the arrearage.20-1
Sec. 16. 1. If the administrator receives a copy of a court order20-2
issued pursuant to NRS 425.540 that provides for the suspension of all20-3
professional, occupational and recreational licenses, certificates and20-4
permits issued to a certified inspector, the administrator shall deem the20-5
certificate issued to that person to be suspended at the end of the 30th20-6
day after the date on which the court order was issued unless the20-7
administrator receives a letter issued to the certified inspector by the20-8
district attorney or other public agency pursuant to NRS 425.550 stating20-9
that the certified inspector has complied with the subpoena or warrant or20-10
has satisfied the arrearage pursuant to NRS 425.560.20-11
2. The administrator shall reinstate a certificate that has been20-12
suspended by a district court pursuant to NRS 425.540 if the20-13
administrator receives a letter issued by the district attorney or other20-14
public agency pursuant to NRS 425.550 to the person whose certificate20-15
was suspended stating that the person whose certificate was suspended20-16
has complied with the subpoena or warrant or has satisfied the arrearage20-17
pursuant to NRS 425.560.20-18
Sec. 17. NRS 645D.170 is hereby amended to read as follows: 645D.170 An application for a certificate must be in writing upon a20-20
form prepared and furnished by the division. The application must include20-21
the following information:20-22
1. The name, age ,20-23
applicant.20-24
2. The place or places, including the street number, city and county, at20-25
which the applicant intends to maintain an office to conduct business as an20-26
inspector.20-27
3. The business, occupation or other employment of the applicant20-28
during the 5 years immediately preceding the date of the application, and20-29
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 under20-32
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 moral20-36
turpitude.20-37
6. If the applicant is a member of a partnership or association or is an20-38
officer of a corporation, the name and address of the principal office of the20-39
partnership, association or corporation.20-40
7. Any other information relating to the qualifications or background of20-41
the applicant that the division requires.21-1
Sec. 18. NRS 645D.200 is hereby amended to read as follows: 645D.200 1. The administrator shall issue a certificate to any person21-3
who:21-4
(a) Is of good moral character, honesty and integrity;21-5
(b) Has the education and experience prescribed in the regulations21-6
adopted pursuant to NRS 645D.120;21-7
(c) Has submitted proof that he or his employer holds a policy of21-8
insurance that complies with the requirements of subsection 1 of NRS21-9
645D.19021-10
(d) Has submitted the statement required pursuant to section 15 of21-11
this act.21-12
2. The administrator may deny an application for a certificate to any21-13
person who:21-14
(a) Has been convicted of, or entered a plea of guilty or nolo contendere21-15
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 chapter21-19
within the 10 years immediately preceding the date of his application; or21-20
(d) Has not submitted proof that he or his employer holds a policy of21-21
insurance that complies with the requirements of subsection 1 of NRS21-22
645D.190.21-23
Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of21-24
this act expire by limitation on the date on which the provisions of 4221-25
U.S.C. § 666 requiring each state to establish procedures under which the21-26
state has authority to withhold or suspend, or to restrict the use of21-27
professional, occupational and recreational licenses of persons who:21-28
1. Have failed to comply with a subpoena or warrant relating to a21-29
proceeding to determine the paternity of a child or to establish or enforce21-30
an obligation for the support of a child; or21-31
2. Are in arrears in the payment for the support of one or more21-32
children,21-33
are repealed by the Congress of the United States.21-34
Sec. 20. This act becomes effective upon passage and approval.~