Assembly Bill No. 441–Assemblyman Perkins
CHAPTER..........
AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers’ licenses and identification cards; making an appropriation; providing penalties; 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. Title 19 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 27, inclusive, of this act.
1-4 Sec. 2. The Legislature hereby finds and declares that:
1-5 1. The tragic events of September 11, 2001, have refocused
1-6 attention on the importance of domestic preparedness for acts of
1-7 terrorism and related emergencies.
1-8 2. The events of September 11, 2001, not only impacted our
1-9 homeland, but also the way of life for all Nevadans.
1-10 3. More than ever, the Nevada Legislature, representatives of
1-11 local government, law enforcement and other public safety
1-12 personnel, health care workers and technical service providers
1-13 must lead the charge in fighting against these destructive and
1-14 demoralizing acts of violence with strong and effective procedural
1-15 deterrents and enhanced criminal penalties.
2-1 4. While local efforts and plans to respond to acts of
2-2 terrorism and related emergencies are comprehensive, additional
2-3 statewide provisions are necessary to adequately prepare for acts
2-4 of cyber-terrorism, environmental catastrophes and other related
2-5 incidents.
2-6 5. As a result of the increased threat of terrorism, the
2-7 Legislature is compelled to address critical infrastructures,
2-8 governmental oversight and continuity, communications, and the
2-9 protection of important government documents and plans.
2-10 6. It is therefore within the public interest that the Legislature
2-11 enact provisions to:
2-12 (a) Protect sensitive state documents and computer systems
2-13 from cyber-terrorism;
2-14 (b) Secure the State’s energy, telecommunications and water
2-15 infrastructures;
2-16 (c) Ensure the continuity of government in the event of a
2-17 terrorist attack;
2-18 (d) Develop policies providing for effective communication
2-19 and interoperability among federal, state and local law
2-20 enforcement and other first responders;
2-21 (e) Provide safeguards in the issuance of government
2-22 identification; and
2-23 (f) Create an effective and comprehensive state oversight
2-24 structure to coordinate these and other antiterrorism initiatives.
2-25 Sec. 3. (Deleted by amendment.)
2-26 Sec. 4. As used in this chapter, unless the context otherwise
2-27 requires, the words and terms defined in sections 5 to 11,
2-28 inclusive, of this act have the meanings ascribed to them in those
2-29 sections.
2-30 Sec. 5. 1. “Act of terrorism” means any act that involves
2-31 the use or attempted use of sabotage, coercion or violence which is
2-32 intended to:
2-33 (a) Cause great bodily harm or death to the general
2-34 population; or
2-35 (b) Cause substantial destruction, contamination or
2-36 impairment of:
2-37 (1) Any building or infrastructure, communications,
2-38 transportation, utilities or services; or
2-39 (2) Any natural resource or the environment.
2-40 2. As used in this section, “coercion” does not include an act
2-41 of civil disobedience.
2-42 Sec. 6. “Commission” means the Nevada Commission on
2-43 Homeland Security created by section 12 of this act.
3-1 Sec. 7. “Governmental utility” means:
3-2 1. Any utility that is owned, operated or controlled by this
3-3 state or an agency or instrumentality of this state, including,
3-4 without limitation, the Colorado River Commission of Nevada.
3-5 2. Any utility that is owned, operated or controlled by any
3-6 county, city, town, general improvement district, special district or
3-7 other local governmental entity under the authority of any general
3-8 law, special law or city charter or any cooperative, interlocal or
3-9 other agreement.
3-10 Sec. 8. “Information system” means any computer
3-11 equipment, computer software, procedures or technology used to
3-12 collect, process, distribute or store information that is related to
3-13 the protection of homeland security.
3-14 Sec. 9. “Political subdivision” means a city or county of this
3-15 state.
3-16 Sec. 10. “Response agency” means an agency of this state or
3-17 of a political subdivision that provides services related to law
3-18 enforcement, firefighting, emergency medical care or public
3-19 safety, including, without limitation, the Nevada National Guard.
3-20 Sec. 10.3. “Restricted document” means any blueprint or
3-21 plan of a school, place of worship, airport, gaming establishment,
3-22 governmental building or any other building or facility which is
3-23 likely to be targeted for a terrorist attack.
3-24 Sec. 10.7. “System of communication” includes, without
3-25 limitation, any public safety radio system or telecommunication
3-26 system.
3-27 Sec. 11. 1. “Utility” means any public or private entity that:
3-28 (a) Provides water service, electric service or natural gas
3-29 service to 500 or more service locations; or
3-30 (b) Operates any pipeline that is necessary to provide such
3-31 service.
3-32 2. The term includes, without limitation:
3-33 (a) A governmental utility.
3-34 (b) A public utility that is regulated by the Public Utilities
3-35 Commission of Nevada pursuant to chapter 704 of NRS.
3-36 (c) A rural electric cooperative established pursuant to chapter
3-37 81 of NRS.
3-38 (d) A cooperative association, nonprofit corporation, nonprofit
3-39 association or provider of electric service which is declared to be a
3-40 public utility pursuant to NRS 704.673 and which provides service
3-41 only to its members.
3-42 (e) A community water system that is subject to the
3-43 requirements of 42 U.S.C. § 300i-2.
3-44 Sec. 12. 1. The Nevada Commission on Homeland
3-45 Security, consisting of the members appointed pursuant to this
3-46 section, is hereby created.
4-1 2. The Governor shall appoint to the Commission a number
4-2 of members that he determines to be appropriate, except that the
4-3 Commission must include at least:
4-4 (a) One member who is a representative of a Nevada law
4-5 enforcement agency; and
4-6 (b) One member who is not employed in the field of law
4-7 enforcement and is not otherwise affiliated with the field of law
4-8 enforcement.
4-9 3. The Senate Majority Leader shall appoint one member of
4-10 the Senate as a nonvoting member of the Commission.
4-11 4. The Speaker of the Assembly shall appoint one member of
4-12 the Assembly as a nonvoting member of the Commission.
4-13 5. Except for the initial members, the term of office of each
4-14 member of the Commission who is a Legislator is 2 years and
4-15 commences on July 1 of the year of appointment.
4-16 6. The Governor or his designee shall:
4-17 (a) Serve as Chairman of the Commission; and
4-18 (b) Appoint a member of the Commission to serve as Vice
4-19 Chairman of the Commission.
4-20 Sec. 13. (Deleted by amendment.)
4-21 Sec. 14. 1. The Commission shall meet at the call of the
4-22 Chairman as frequently as required to perform its duties, but no
4-23 less than quarterly.
4-24 2. A majority of the voting members of the Commission
4-25 constitutes a quorum for the transaction of business, and a
4-26 majority of those voting members present at any meeting is
4-27 sufficient for any official action taken by the Commission.
4-28 Sec. 15. 1. Each member of the Commission who is not a
4-29 public employee is entitled to receive compensation of not more
4-30 than $80 per day, as fixed by the Commission, while engaged in
4-31 the business of the Commission.
4-32 2. A member of the Commission who is a public employee
4-33 may not receive any compensation for his services as a member of
4-34 the Commission. Any member of the Commission who is a public
4-35 employee must be granted administrative leave from his duties to
4-36 engage in the business of the Commission without loss of his
4-37 regular compensation. Such leave does not reduce the amount of
4-38 the member’s other accrued leave.
4-39 3. Except during a regular or special session of the
4-40 Legislature, each legislative member of the Commission is entitled
4-41 to receive the compensation provided for a majority of the
4-42 members of the Legislature during the first 60 days of the
4-43 preceding regular session for each day or portion of a day during
4-44 which he attends a meeting of the Commission or is otherwise
4-45 engaged in the business of the Commission. The compensation
5-1 and expenses of the legislative members of the Commission must
5-2 be paid from the Legislative Fund.
5-3 4. In addition to any compensation received pursuant to this
5-4 section, while engaged in the business of the Commission, each
5-5 member and employee of the Commission is entitled to receive the
5-6 per diem allowance and travel expenses provided for state officers
5-7 and employees generally.
5-8 Sec. 16. 1. Except as otherwise provided in subsections 2
5-9 and 3, the Commission shall comply with the provisions of chapter
5-10 241 of NRS and all meetings of the Commission must be
5-11 conducted in accordance with that chapter.
5-12 2. The Commission may hold a closed meeting to:
5-13 (a) Receive security briefings;
5-14 (b) Discuss procedures for responding to acts of terrorism and
5-15 related emergencies; or
5-16 (c) Discuss deficiencies in security with respect to public
5-17 services, public facilities and infrastructure,
5-18 if the Commission determines, upon a majority vote of its
5-19 members, that the public disclosure of such matters would be
5-20 likely to compromise, jeopardize or otherwise threaten the safety of
5-21 the public.
5-22 3. All information and materials received or prepared by the
5-23 Commission during a meeting closed pursuant to subsection 2 and
5-24 all minutes and audiovisual or electronic reproductions of such a
5-25 meeting are confidential, not subject to subpoena or discovery,
5-26 and not subject to inspection by the general public.
5-27 Sec. 17. The Commission shall, within the limits of available
5-28 money:
5-29 1. Make recommendations to the Governor, the Legislature,
5-30 agencies of this state, political subdivisions, businesses located
5-31 within this state and private persons who reside in this state with
5-32 respect to actions and measures that may be taken to protect
5-33 residents of this state and visitors to this state from potential acts
5-34 of terrorism and related emergencies.
5-35 2. Propose goals and programs that may be set and carried
5-36 out, respectively, to counteract or prevent potential acts of
5-37 terrorism and related emergencies before such acts of terrorism
5-38 and related emergencies can harm or otherwise threaten residents
5-39 of this state and visitors to this state.
5-40 3. With respect to buildings, facilities, geographic features
5-41 and infrastructure that must be protected from acts of terrorism
5-42 and related emergencies to ensure the safety of the residents of
5-43 this state and visitors to this state, including, without limitation,
5-44 airports, the Capitol Complex, dams, gaming establishments,
5-45 governmental buildings, highways, hotels, information technology
5-46 infrastructure, lakes, places of worship, power lines, public
6-1 buildings, public utilities, reservoirs, rivers and their tributaries,
6-2 and water facilities:
6-3 (a) Identify and categorize such buildings, facilities,
6-4 geographic features and infrastructure according to their
6-5 susceptibility to and need for protection from acts of terrorism and
6-6 related emergencies; and
6-7 (b) Study and assess the security of such buildings, facilities,
6-8 geographic features and infrastructure from acts of terrorism and
6-9 related emergencies.
6-10 4. Examine the use, deployment and coordination of response
6-11 agencies within this state to ensure that those agencies are
6-12 adequately prepared to protect residents of this state and visitors to
6-13 this state from acts of terrorism and related emergencies.
6-14 5. Assess, examine and review the use of information systems
6-15 and systems of communication used by response agencies within
6-16 this state to determine the degree to which such systems are
6-17 compatible and interoperable. After conducting the assessment,
6-18 examination and review, the Commission shall establish a state
6-19 plan setting forth criteria and standards for the compatibility and
6-20 interoperability of those systems when used by response agencies
6-21 within this state.
6-22 6. Assess, examine and review the operation and efficacy of
6-23 telephone systems and related systems used to provide emergency
6-24 911 service.
6-25 7. To the extent practicable, cooperate and coordinate with
6-26 the Division of Emergency Management of the Department of
6-27 Public Safety to avoid duplication of effort in developing policies
6-28 and programs for preventing and responding to acts of terrorism
6-29 and related emergencies.
6-30 8. Perform any other acts related to their duties set forth in
6-31 subsections 1 to 7, inclusive, that the Commission determines are
6-32 necessary to protect or enhance:
6-33 (a) The safety and security of the State of Nevada;
6-34 (b) The safety of residents of the State of Nevada; and
6-35 (c) The safety of visitors to the State of Nevada.
6-36 Sec. 17.5. On or before February 15 of each year, the
6-37 Governor shall:
6-38 1. Prepare a report setting forth:
6-39 (a) The activities of the Commission; and
6-40 (b) A description of any matters with respect to which the
6-41 Commission held a closed meeting or closed a portion of a
6-42 meeting, if any, accompanied by an explanation of the reasons
6-43 why the Commission determined that the meetiGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).ng or portion
6-44 thereof needed to be closed; and
6-45 2. Submit a copy of the report to the Director of the
6-46 Legislative Counsel Bureau for transmittal to:
7-1 (a) If the Legislature is in session, the standing committees of
7-2 the Legislature which have jurisdiction of the subject matter; or
7-3 (b) If the Legislature is not in session, the Legislative
7-4 Commission.
7-5 Sec. 18. The Chairman of the Commission may, with the
7-6 approval of the Commission, appoint committees from its members
7-7 to assist in carrying out the duties of the Commission.
7-8 Sec. 19. The Governor shall provide such staff assistance to
7-9 the Commission as he deems appropriate and may designate a
7-10 state agency to provide such assistance.
7-11 Sec. 20. The Commission may apply for and receive gifts,
7-12 grants, contributions or other money from governmental and
7-13 private agencies, affiliated associations and other persons to carry
7-14 out the provisions of this chapter and to defray expenses incurred
7-15 by the Commission in the discharge of its duties.
7-16 Sec. 21. 1. A document, record or other item of information
7-17 described in subsection 2 that is prepared and maintained for the
7-18 purpose of preventing or responding to an act of terrorism is
7-19 confidential, not subject to subpoena or discovery and not subject
7-20 to inspection by the general public if the Governor determines, by
7-21 executive order, that the disclosure or release of the document,
7-22 record or other item of information would thereby create a
7-23 substantial likelihood of compromising, jeopardizing or otherwise
7-24 threatening the public health, safety or welfare.
7-25 2. The types of documents, records or other items of
7-26 information subject to executive order pursuant to subsection 1
7-27 are as follows:
7-28 (a) Assessments, plans or records that evaluate or reveal the
7-29 susceptibility of fire stations, police stations and other law
7-30 enforcement stations to acts of terrorism or other related
7-31 emergencies.
7-32 (b) Drawings, maps, plans or records that reveal the critical
7-33 infrastructure of primary buildings, facilities and other structures
7-34 used for storing, transporting or transmitting water or electricity,
7-35 natural gas or other forms of energy.
7-36 (c) Documents, records or other items of information which
7-37 may reveal the details of a specific emergency response plan or
7-38 other tactical operations by a response agency and any training
7-39 relating to such emergency response plans or tactical operations.
7-40 (d) Handbooks, manuals or other forms of information
7-41 detailing procedures to be followed by response agencies in the
7-42 event of an act of terrorism or other related emergency.
7-43 (e) Documents, records or other items of information that
7-44 reveal information pertaining to specialized equipment used for
7-45 covert, emergency or tactical operations of a response agency,
7-46 other than records relating to expenditures for such equipment.
8-1 (f) Documents, records or other items of information
8-2 regarding the infrastructure and security of frequencies for radio
8-3 transmissions used by response agencies, including, without
8-4 limitation:
8-5 (1) Access codes, passwords or programs used to ensure the
8-6 security of frequencies for radio transmissions used by response
8-7 agencies;
8-8 (2) Procedures and processes used to ensure the security of
8-9 frequencies for radio transmissions used by response agencies;
8-10 and
8-11 (3) Plans used to reestablish security and service with
8-12 respect to frequencies for radio transmissions used by response
8-13 agencies after security has been breached or service has been
8-14 interrupted.
8-15 3. If a person knowingly and unlawfully discloses a
8-16 document, record or other item of information subject to an
8-17 executive order issued pursuant to subsection 1 or assists, solicits
8-18 or conspires with another person to disclose such a document,
8-19 record or other item of information, the person is guilty of:
8-20 (a) A gross misdemeanor; or
8-21 (b) A category C felony and shall be punished as provided in
8-22 NRS 193.130 if the person acted with the intent to:
8-23 (1) Commit, cause, aid, further or conceal, or attempt to
8-24 commit, cause, aid, further or conceal, any unlawful act involving
8-25 terrorism or sabotage; or
8-26 (2) Assist, solicit or conspire with another person to
8-27 commit, cause, aid, further or conceal any unlawful act involving
8-28 terrorism or sabotage.
8-29 Sec. 22. 1. Unless made confidential by specific statute, a
8-30 restricted document may be inspected only by a person who
8-31 provides:
8-32 (a) His name;
8-33 (b) A copy of his driver’s license or other photographic
8-34 identification that is issued by a governmental entity;
8-35 (c) The name of his employer, if any;
8-36 (d) His citizenship; and
8-37 (e) Except as otherwise provided in this paragraph, a statement
8-38 of the purpose for the inspection. A person is not required to
8-39 indicate the purpose for inspecting a restricted document if the
8-40 person is an employee of any fire-fighting or law enforcement
8-41 agency.
8-42 2. Except as otherwise provided in subsection 3, a public
8-43 officer or employee shall observe any person while the person
8-44 inspects a restricted document in a location and in a manner
8-45 which ensures that the person does not copy, duplicate or
8-46 reproduce the restricted document in any way.
9-1 3. A restricted document may be copied, duplicated or
9-2 reproduced:
9-3 (a) Upon the lawful order of a court of competent jurisdiction;
9-4 (b) As is reasonably necessary in the case of an act of
9-5 terrorism or other related emergency;
9-6 (c) To protect the rights and obligations of a governmental
9-7 entity or the public;
9-8 (d) Upon the request of a reporter or editorial employee who is
9-9 employed by or affiliated with a newspaper, press association or
9-10 commercially operated and federally licensed radio or television
9-11 station and who uses the restricted document in the course of such
9-12 employment or affiliation; or
9-13 (e) Upon the request of a registered architect, licensed
9-14 contractor or a designated employee of any such architect or
9-15 contractor who uses the restricted document in his professional
9-16 capacity.
9-17 4. A public officer or employee shall inform any person who
9-18 inspects a restricted document of the provisions of this section.
9-19 Sec. 23. 1. A public officer or employee who is the
9-20 custodian of a restricted document shall establish a log to record:
9-21 (a) The information described in subsection 1 of section 22 of
9-22 this act when a person is allowed to inspect the document; and
9-23 (b) The date and time of the inspection.
9-24 2. The log is not a public record and may be inspected only
9-25 by:
9-26 (a) A representative of a law enforcement agency; or
9-27 (b) A reporter or editorial employee who is employed by or
9-28 affiliated with a newspaper, press association or commercially
9-29 operated and federally licensed radio or television station.
9-30 Sec. 24. Nothing in section 22 or 23 of this act shall be
9-31 deemed to prohibit a public officer or employee from contacting a
9-32 law enforcement agency to report a suspicious or unusual request
9-33 to inspect a restricted document.
9-34 Sec. 25. 1. Each political subdivision shall adopt and
9-35 maintain a response plan. Each new or revised plan must be filed
9-36 within 10 days after adoption or revision with:
9-37 (a) The Division of Emergency Management of the
9-38 Department of Public Safety; and
9-39 (b) Each response agency that provides services to the political
9-40 subdivision.
9-41 2. The response plan required by subsection 1 must include:
9-42 (a) A drawing or map of the layout and boundaries of the
9-43 political subdivision;
9-44 (b) A drawing or description of the streets and highways
9-45 within, and leading into and out of, the political subdivision,
9-46 including any approved routes for evacuation;
10-1 (c) The location and inventory of emergency response
10-2 equipment and resources within the political subdivision;
10-3 (d) The location of any unusually hazardous substances within
10-4 the political subdivision;
10-5 (e) A telephone number that may be used by residents of the
10-6 political subdivision to receive information and to make reports
10-7 with respect to an act of terrorism or related emergency;
10-8 (f) The location of one or more emergency response command
10-9 posts that are located within the political subdivision;
10-10 (g) A depiction of the location of each police station, sheriff’s
10-11 office and fire station that is located within the political
10-12 subdivision;
10-13 (h) Plans for the continuity of the operations and services of
10-14 the political subdivision, which plans must be consistent with the
10-15 provisions of section 26 of this act; and
10-16 (i) Any other information that the Commission may determine
10-17 to be relevant.
10-18 3. A plan filed pursuant to the requirements of this section,
10-19 including any revisions adopted thereto, is confidential and must
10-20 be securely maintained by the entities with whom it is filed
10-21 pursuant to subsection 1. An officer, employee or other person to
10-22 whom the plan is entrusted by the entity with whom it is filed shall
10-23 not disclose the contents of such a plan except:
10-24 (a) Upon the lawful order of a court of competent jurisdiction;
10-25 or
10-26 (b) As is reasonably necessary in the case of an act of
10-27 terrorism or related emergency.
10-28 Sec. 26. 1. In accordance with the provisions of Section 37
10-29 of Article 4 of the Nevada Constitution, the Nevada Legislature
10-30 hereby establishes a plan for continuation of state and local
10-31 governmental operations. The provisions set forth in this section
10-32 apply only in, and must be used in accordance with, the
10-33 circumstances described in subsection 2.
10-34 2. In the event that this state or a portion of this state is
10-35 stricken by a catastrophic emergency of such magnitude that, in
10-36 the opinion of the Governor or, in the absence of the Governor,
10-37 the Lieutenant Governor, the existing provisions of the Nevada
10-38 Constitution and the statutes of this state relating to the filling of
10-39 vacancies in office are not able to provide for a sufficiently
10-40 expedient continuity of government and temporary succession of
10-41 power as a result of vacancies in office created by the catastrophic
10-42 emergency, the provisions of subsections 3 to 10, inclusive, apply.
10-43 3. If a vacancy occurs in the Office of Governor as a result of
10-44 a catastrophic emergency and none of the successors described in
10-45 NRS 223.080 are able or available to act as Governor, the
10-46 Legislature shall elect a person to serve as Governor. If
11-1 the Legislature is not in session at the time the vacancy occurs, the
11-2 Legislature may call itself into special session to elect a person to
11-3 serve as Governor.
11-4 4. If vacancies occur in more than 15 percent of the seats in
11-5 either house of the Legislature as a result of a catastrophic
11-6 emergency:
11-7 (a) The remaining Legislators available for duty constitute the
11-8 Legislature and have full power to act in separate or joint
11-9 assembly by majority vote of those present;
11-10 (b) Any requirements for a quorum applicable to the
11-11 Legislature must initially be suspended and must subsequently be
11-12 adjusted as vacant offices are filled pursuant to NRS 218.043; and
11-13 (c) If the affirmative vote of a specified proportion of members
11-14 of the Legislature is required for the approval of a legislative
11-15 measure, the same proportion of remaining members of the
11-16 Legislature is sufficient for approval of that measure.
11-17 5. If vacancies occur in more than 15 percent of the positions
11-18 held by justices on the Supreme Court as a result of a catastrophic
11-19 emergency, the vacancies must be filled by appointment of the
11-20 Governor.
11-21 6. If vacancies occur in more than 15 percent of the positions
11-22 held by the district judges in any one judicial district as a result of
11-23 a catastrophic emergency, the vacancies must be filled by
11-24 appointment of the Supreme Court.
11-25 7. If vacancies occur on a board of county commissioners as
11-26 a result of a catastrophic emergency:
11-27 (a) The remaining members of the board available for duty
11-28 constitute the board and have full power to act by majority vote of
11-29 those present; and
11-30 (b) Any requirements for a quorum applicable to the board
11-31 must initially be suspended and must subsequently be adjusted as
11-32 vacant offices are filled.
11-33 If a board of county commissioners is rendered entirely vacant as
11-34 a result of a catastrophic emergency, such other elected officers of
11-35 the county as may be available to serve on the board have full
11-36 authority to act in all matters as a board of county commissioners.
11-37 8. If vacancies occur on a city council as a result of a
11-38 catastrophic emergency:
11-39 (a) The remaining members of the council available for duty
11-40 constitute the council and have full power to act by majority vote
11-41 of those present; and
11-42 (b) Any requirements for a quorum applicable to the council
11-43 must initially be suspended and must subsequently be adjusted as
11-44 vacant offices are filled.
11-45 If a city council is rendered entirely vacant as a result of a
11-46 catastrophic emergency, such other elected officers of the city as
12-1 may be available to serve on the council have full authority to act
12-2 in all matters as a city council.
12-3 9. If, during or following a catastrophic emergency, a
12-4 majority of the members of a legislative body described in this
12-5 section determines that, for purposes of safety or to address related
12-6 concerns, the legislative body should meet at a location other than
12-7 the location at which the legislative body ordinarily meets, the
12-8 legislative body may arrange to meet at an alternate location.
12-9 10. After a catastrophic emergency has taken place, the
12-10 Governor or, in the absence of the Governor, the Lieutenant
12-11 Governor, shall:
12-12 (a) Determine and announce publicly when conditions have
12-13 normalized within this state or the portion thereof affected by the
12-14 catastrophic emergency.
12-15 (b) In cooperation with the Secretary of State, develop
12-16 procedures and a reasonable schedule for filling by regular
12-17 election the various offices filled temporarily pursuant to this
12-18 section.
12-19 11. As used in this section, “catastrophic emergency” means
12-20 an emergency resulting from disasters caused by enemy attack, in
12-21 accordance with Section 37 of Article 4 of the Nevada
12-22 Constitution.
12-23 Sec. 27. 1. Each utility shall:
12-24 (a) Conduct a vulnerability assessment in accordance with the
12-25 requirements of the federal and regional agencies that regulate
12-26 the utility; and
12-27 (b) Prepare and maintain an emergency response plan in
12-28 accordance with the requirements of the federal and regional
12-29 agencies that regulate the utility.
12-30 2. Each utility shall:
12-31 (a) As soon as practicable but not later than December 31,
12-32 2003, submit its vulnerability assessment and emergency response
12-33 plan to the Division of Emergency Management of the
12-34 Department of Public Safety; and
12-35 (b) At least once each year thereafter, review its vulnerability
12-36 assessment and emergency response plan and, as soon as
12-37 practicable after its review is completed but not later than
12-38 December 31 of each year, submit the results of its review and any
12-39 additions or modifications to its emergency response plan to the
12-40 Division of Emergency Management of the Department of Public
12-41 Safety.
12-42 3. Each vulnerability assessment and emergency response
12-43 plan of a utility and any other information concerning a utility
12-44 that is necessary to carry out the provisions of this section is
12-45 confidential and must be securely maintained by each person or
12-46 entity that has possession, custody or control of the information.
13-1 4. A person shall not disclose such information, except:
13-2 (a) Upon the lawful order of a court of competent jurisdiction;
13-3 (b) As is reasonably necessary to carry out the provisions of
13-4 this section or the operations of the utility, as determined by the
13-5 Division of Emergency Management of the Department of Public
13-6 Safety; or
13-7 (c) As is reasonably necessary in the case of an emergency
13-8 involving public health or safety, as determined by the Division of
13-9 Emergency Management of the Department of Public Safety.
13-10 5. If a person knowingly and unlawfully discloses such
13-11 information or assists, solicits or conspires with another person to
13-12 disclose such information, the person is guilty of:
13-13 (a) A gross misdemeanor; or
13-14 (b) A category C felony and shall be punished as provided in
13-15 NRS 193.130 if the person acted with the intent to:
13-16 (1) Commit, cause, aid, further or conceal, or attempt to
13-17 commit, cause, aid, further or conceal, any unlawful act involving
13-18 terrorism or sabotage; or
13-19 (2) Assist, solicit or conspire with another person to
13-20 commit, cause, aid, further or conceal any unlawful act involving
13-21 terrorism or sabotage.
13-22 Sec. 27.5. Chapter 242 of NRS is hereby amended by adding
13-23 thereto a new section to read as follows:
13-24 1. Except as otherwise provided in subsection 3, records and
13-25 portions of records that are assembled, maintained, overseen or
13-26 prepared by the Department to mitigate, prevent or respond to acts
13-27 of terrorism, the public disclosure of which would, in the
13-28 determination of the Director, create a substantial likelihood of
13-29 threatening the safety of the general public are confidential and
13-30 not subject to inspection by the general public to the extent that
13-31 such records and portions of records consist of or include:
13-32 (a) Information regarding the infrastructure and security of
13-33 information systems, including, without limitation:
13-34 (1) Access codes, passwords and programs used to ensure
13-35 the security of an information system;
13-36 (2) Access codes used to ensure the security of software
13-37 applications;
13-38 (3) Procedures and processes used to ensure the security of
13-39 an information system; and
13-40 (4) Plans used to reestablish security and service with
13-41 respect to an information system after security has been breached
13-42 or service has been interrupted.
13-43 (b) Assessments and plans that relate specifically and uniquely
13-44 to the vulnerability of an information system or to the measures
13-45 which will be taken to respond to such vulnerability, including,
14-1 without limitation, any compiled underlying data necessary to
14-2 prepare such assessments and plans.
14-3 (c) The results of tests of the security of an information system,
14-4 insofar as those results reveal specific vulnerabilities relative to
14-5 the information system.
14-6 2. The Director shall maintain or cause to be maintained a
14-7 list of each record or portion of a record that the Director has
14-8 determined to be confidential pursuant to subsection 1. The list
14-9 described in this subsection must be prepared and maintained so
14-10 as to recognize the existence of each such record or portion of a
14-11 record without revealing the contents thereof.
14-12 3. At least once each biennium, the Director shall review the
14-13 list described in subsection 2 and shall, with respect to each record
14-14 or portion of a record that the Director has determined to be
14-15 confidential pursuant to subsection 1:
14-16 (a) Determine that the record or portion of a record remains
14-17 confidential in accordance with the criteria set forth in
14-18 subsection 1;
14-19 (b) Determine that the record or portion of a record is no
14-20 longer confidential in accordance with the criteria set forth in
14-21 subsection 1; or
14-22 (c) If the Director determines that the record or portion of a
14-23 record is obsolete, cause the record or portion of a record to be
14-24 disposed of in the manner described in NRS 239.073 to 239.125,
14-25 inclusive.
14-26 4. On or before February 15 of each year, the Director shall:
14-27 (a) Prepare a report setting forth a detailed description of each
14-28 record or portion of a record determined to be confidential
14-29 pursuant to this section, if any, accompanied by an explanation of
14-30 why each such record or portion of a record was determined to be
14-31 confidential; and
14-32 (b) Submit a copy of the report to the Director of the
14-33 Legislative Counsel Bureau for transmittal to:
14-34 (1) If the Legislature is in session, the standing committees
14-35 of the Legislature which have jurisdiction of the subject matter; or
14-36 (2) If the Legislature is not in session, the Legislative
14-37 Commission.
14-38 5. As used in this section, “act of terrorism” has the meaning
14-39 ascribed to it in section 5 of this act.
14-40 Sec. 28. NRS 205.465 is hereby amended to read as follows:
14-41 205.465 1. It is unlawful for a person to possess, sell or
14-42 transfer any document or personal identifying information for the
14-43 purpose of establishing a false status, occupation, membership,
14-44 license or identity for himself or any other person.
14-45 2. A person who:
15-1 (a) Sells or transfers any such document or personal identifying
15-2 information in violation of subsection 1; or
15-3 (b) Possesses any such document or personal identifying
15-4 information in violation of subsection 1 to commit any of the crimes
15-5 set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513,
15-6 inclusive, or 205.610 to 205.810, inclusive,
15-7 is guilty of a category C felony and shall be punished as provided in
15-8 NRS 193.130.
15-9 3. Except as otherwise provided in this subsection and
15-10 subsection 2, a person who possesses any such document or
15-11 personal identifying information in violation of subsection 1 is
15-12 guilty of a category E felony and shall be punished as provided in
15-13 NRS 193.130. If a person possesses any such document or
15-14 personal identifying information in violation of subsection 1 for
15-15 the sole purpose of establishing false proof of age, including,
15-16 without limitation, establishing false proof of age to game,
15-17 purchase alcoholic beverages or purchase cigarettes or other
15-18 tobacco products, the person is guilty of a misdemeanor.
15-19 4. Subsection 1 does not:
15-20 (a) Preclude the adoption by a city or county of an ordinance
15-21 prohibiting the possession of any such document or personal
15-22 identifying information; or
15-23 (b) Prohibit the possession or use of any such document or
15-24 personal identifying information by officers of local police, sheriff
15-25 and metropolitan police departments and by agents of the
15-26 Investigation Division of the Department of Public Safety while
15-27 engaged in undercover investigations related to the lawful discharge
15-28 of their duties.
15-29 5. As used in this section:
15-30 (a) “Document” includes, without limitation, a photocopy print,
15-31 photostat and other replica of a document.
15-32 (b) “Personal identifying information” means any information
15-33 designed, commonly used or capable of being used, alone or in
15-34 conjunction with any other information, to identify a person,
15-35 including, without limitation:
15-36 (1) The name, driver’s license number, social security
15-37 number, savings account number, credit card number, debit card
15-38 number, date of birth, place of employment and maiden name of the
15-39 mother of a person; and
15-40 (2) The fingerprints, voiceprint, retina image and iris image
15-41 of a person.
15-42 Sec. 29. NRS 207.345 is hereby amended to read as follows:
15-43 207.345 [Every person who impersonates]
15-44 1. A person shall not:
15-45 (a) Impersonate an officer or employee of a utility [company or
15-46 who] or, without authority [assumes] , assume any characteristic,
16-1 such as a uniform or insigne , or any identification by which [such
16-2 person] an officer or employee of a utility is distinguished[, and in
16-3 such assumed character does] , known or identified; and
16-4 (b) Use the impersonation or the assumed characteristic or
16-5 identity to commit or attempt to commit any unlawful act or any
16-6 act [purporting] in which the person purports to represent the utility
16-7 [company,] or an officer or employee of the utility.
16-8 2. A person who violates any provision of this section is guilty
16-9 of [a misdemeanor.] :
16-10 (a) A gross misdemeanor; or
16-11 (b) A category C felony and shall be punished as provided in
16-12 NRS 193.130 if the person acted with the intent to:
16-13 (1) Commit, cause, aid, further or conceal, or attempt to
16-14 commit, cause, aid, further or conceal, any unlawful act involving
16-15 terrorism or sabotage; or
16-16 (2) Assist, solicit or conspire with another person to
16-17 commit, cause, aid, further or conceal any unlawful act involving
16-18 terrorism or sabotage.
16-19 Sec. 30. Chapter 332 of NRS is hereby amended by adding
16-20 thereto a new section to read as follows:
16-21 1. On and after July 1, 2005, a governing body or its
16-22 authorized representative shall not purchase an information
16-23 system or system of communication for use by a response agency
16-24 unless the system complies with the plan established pursuant to
16-25 subsection 5 of section 17 of this act.
16-26 2. On and after July 1, 2005, any grant or other money
16-27 received by a local government from the Federal Government for
16-28 the purchase of an information system or system of
16-29 communication for use by a response agency must not be used to
16-30 purchase such a system unless the system complies with the plan
16-31 established pursuant to subsection 5 of section 17 of this act.
16-32 3. As used in this section:
16-33 (a) “Information system” has the meaning ascribed to it in
16-34 section 8 of this act.
16-35 (b) “Response agency” has the meaning ascribed to it in
16-36 section 10 of this act.
16-37 (c) “System of communication” has the meaning ascribed to it
16-38 in section 10.7 of this act.
16-39 Sec. 31. Chapter 333 of NRS is hereby amended by adding
16-40 thereto a new section to read as follows:
16-41 1. On and after July 1, 2005, the Chief, the Purchasing
16-42 Division or a using agency shall not purchase an information
16-43 system or system of communication for use by a response agency
16-44 unless the system complies with the plan established pursuant to
16-45 subsection 5 of section 17 of this act.
17-1 2. On and after July 1, 2005, any grant or other money
17-2 received by the Chief, the Purchasing Division or a using agency
17-3 from the Federal Government for the purchase of an information
17-4 system or system of communication for use by a response agency
17-5 must not be used to purchase such a system unless the system
17-6 complies with the plan established pursuant to subsection 5 of
17-7 section 17 of this act.
17-8 3. As used in this section:
17-9 (a) “Information system” has the meaning ascribed to it in
17-10 section 8 of this act.
17-11 (b) “Response agency” has the meaning ascribed to it in
17-12 section 10 of this act.
17-13 (c) “System of communication” has the meaning ascribed to it
17-14 in section 10.7 of this act.
17-15 Sec. 32. (Deleted by amendment.)
17-16 Sec. 33. Chapter 450B of NRS is hereby amended by adding
17-17 thereto a new section to read as follows:
17-18 1. Not later than July 1, 2004, and thereafter:
17-19 (a) The board of trustees of a school district in a county whose
17-20 population is 100,000 or more shall ensure that at least one
17-21 automated external defibrillator is placed in a central location at
17-22 each high school within the district.
17-23 (b) The Airport Authority of Washoe County shall ensure that
17-24 at least three automated external defibrillators are placed in
17-25 central locations at the largest airport within the county.
17-26 (c) The board of county commissioners of each county whose
17-27 population is 400,000 or more shall ensure that at least seven
17-28 automated external defibrillators are placed in central locations at
17-29 the largest airport within the county.
17-30 (d) The Board of Regents of the University of Nevada shall
17-31 ensure that at least two automated external defibrillators are
17-32 placed in central locations at each of:
17-33 (1) The largest indoor sporting arena or events center
17-34 controlled by the University in a county whose population is
17-35 100,000 or more but less than 400,000; and
17-36 (2) The largest indoor sporting arena or events center
17-37 controlled by the University in a county whose population is
17-38 400,000 or more.
17-39 (e) The Health Division shall ensure that at least one
17-40 automated external defibrillator is placed in a central location at
17-41 each of the following state buildings:
17-42 (1) The Capitol Building in Carson City;
17-43 (2) The Kinkead Building in Carson City;
17-44 (3) The Legislative Building in Carson City; and
17-45 (4) The Grant Sawyer Building in Las Vegas.
18-1 (f) The board of county commissioners of each county whose
18-2 population is 100,000 or more shall:
18-3 (1) Identify five county buildings or offices in each of their
18-4 respective counties which are characterized by large amounts of
18-5 pedestrian traffic or which house one or more county agencies
18-6 that provide services to large numbers of persons; and
18-7 (2) Ensure that at least one automated external defibrillator
18-8 is placed in a central location at each county building or office
18-9 identified pursuant to subparagraph (1).
18-10 2. Each governmental entity that is required to ensure the
18-11 placement of one or more automated external defibrillators
18-12 pursuant to subsection 1:
18-13 (a) May accept gifts, grants and donations for use in
18-14 obtaining, inspecting and maintaining the defibrillators;
18-15 (b) Shall ensure that those defibrillators are inspected and
18-16 maintained on a regular basis; and
18-17 (c) Shall encourage the entity where the automated external
18-18 defibrillator is placed to require any employee who will use the
18-19 automated external defibrillator to successfully complete the
18-20 training requirements of a course in basic emergency care of a
18-21 person in cardiac arrest that includes training in the operation
18-22 and use of an automated external defibrillator and is conducted in
18-23 accordance with the standards of the American Heart Association,
18-24 the American National Red Cross or any other similar
18-25 organization.
18-26 3. As used in this section, “automated external defibrillator”
18-27 means a medical device that:
18-28 (a) Has been approved by the United States Food and Drug
18-29 Administration;
18-30 (b) Is capable of recognizing the presence or absence, in a
18-31 patient, of ventricular fibrillation and rapid ventricular
18-32 tachycardia;
18-33 (c) Is capable of determining, without intervention by the
18-34 operator of the device, whether defibrillation should be performed
18-35 on the patient;
18-36 (d) Upon determining that defibrillation should be performed,
18-37 automatically charges and requests delivery of an electrical
18-38 impulse to the patient’s heart; and
18-39 (e) Upon action by the operator of the device, delivers to the
18-40 patient’s heart an appropriate electrical impulse.
18-41 Sec. 34. NRS 483.290 is hereby amended to read as follows:
18-42 483.290 1. Every application for an instruction permit or for
18-43 a driver’s license must:
18-44 (a) Be made upon a form furnished by the Department.
19-1 (b) Be verified by the applicant before a person authorized to
19-2 administer oaths. Officers and employees of the Department may
19-3 administer those oaths without charge.
19-4 (c) Be accompanied by the required fee.
19-5 (d) State the full name, date of birth, sex and residence address
19-6 of the applicant and briefly describe the applicant.
19-7 (e) State whether the applicant has theretofore been licensed as a
19-8 driver, and, if so, when and by what state or country, and whether
19-9 any such license has ever been suspended or revoked, or whether an
19-10 application has ever been refused, and, if so, the date of and reason
19-11 for the suspension, revocation or refusal.
19-12 (f) Include such other information as the Department may
19-13 require to determine the competency and eligibility of the applicant.
19-14 2. [Every] Except as otherwise provided in subsections 5, 6
19-15 and 7, every applicant must furnish proof of his age by displaying:
19-16 (a) If the applicant was born in the United States, a birth
19-17 certificate issued by a state or the District of Columbia or other
19-18 proof of the date of birth of the applicant, including, but not limited
19-19 to, a driver’s license issued by another state or the District of
19-20 Columbia, or a baptismal certificate and other proof that is
19-21 determined to be necessary and is acceptable to the Department; or
19-22 (b) If the applicant was born outside the United States, a
19-23 Certificate of Citizenship, Certificate of Naturalization, [Arrival-
19-24 Departure Record, Alien Registration Receipt Card, United States
19-25 Citizen Identification Card or Letter of Authorization] Permanent
19-26 Resident Card or Temporary Resident Card issued by the
19-27 [Immigration and Naturalization Service of the United States
19-28 Department of Justice] Bureau of Citizenship and Immigration
19-29 Services or a Consular Report of Birth Abroad [of a United States
19-30 Citizen Child] issued by the Department of State, a driver’s license
19-31 issued by another state or the District of Columbia or other proof
19-32 acceptable to the Department other than a passport issued by a
19-33 foreign government.
19-34 3. At the time of applying for a driver’s license, an applicant
19-35 may, if eligible, register to vote pursuant to NRS 293.524.
19-36 4. Every applicant who has been assigned a social security
19-37 number must furnish proof of his social security number by
19-38 displaying:
19-39 (a) An original card issued to the applicant by the Social
19-40 Security Administration bearing the social security number of the
19-41 applicant; or
19-42 (b) Other proof acceptable to the Department, including, but not
19-43 limited to, records of employment or federal income tax returns.
19-44 5. The Department may refuse to accept a driver’s license
19-45 issued by another state or the District of Columbia if the
19-46 Department determines that the other state or the District of
20-1 Columbia has less stringent standards than the State of Nevada
20-2 for the issuance of a driver’s license.
20-3 6. With respect to any document described in paragraph (b)
20-4 of subsection 2, the Department may:
20-5 (a) If the document has expired, refuse to accept the document
20-6 or refuse to issue a driver’s license to the person presenting the
20-7 document, or both; and
20-8 (b) If the document specifies a date by which the person
20-9 presenting the document must depart from the United States, issue
20-10 to the person presenting the document a driver’s license that
20-11 expires on the date on which the person is required to depart from
20-12 the United States.
20-13 7. The Director shall adopt regulations setting forth criteria
20-14 pursuant to which the Department will issue or refuse to issue a
20-15 driver’s license in accordance with this section to a person who is
20-16 a citizen of a foreign country. The criteria must be based upon the
20-17 purpose for which that person is present within the United States.
20-18 Sec. 35. NRS 483.530 is hereby amended to read as follows:
20-19 483.530 [It]
20-20 1. Except as otherwise provided in subsection 2, it is a
20-21 misdemeanor for any person:
20-22 [1.] (a) To display or cause or permit to be displayed or have in
20-23 his possession any cancelled, revoked, suspended, fictitious,
20-24 fraudulently altered or fraudulently obtained driver’s license;
20-25 [2.] (b) To alter, forge, substitute, counterfeit or use an
20-26 unvalidated driver’s license;
20-27 [3.] (c) To lend his driver’s license to any other person or
20-28 knowingly permit the use thereof by another;
20-29 [4.] (d) To display or represent as one’s own any driver’s license
20-30 not issued to him;
20-31 [5.] (e) To fail or refuse to surrender to the Department, a peace
20-32 officer or a court upon lawful demand any driver’s license which
20-33 has been suspended, revoked or cancelled;
20-34 [6. To use a false or fictitious name in any application for a
20-35 driver’s license or knowingly to make a false statement or
20-36 knowingly to conceal a material fact or otherwise commit a fraud in
20-37 any such application;
20-38 7.] (f) To permit any unlawful use of a driver’s license issued to
20-39 him;
20-40 [8.] (g) To do any act forbidden, or fail to perform any act
20-41 required, by NRS 483.010 to 483.630, inclusive; or
20-42 [9.] (h) To photograph, photostat, duplicate[,] or in any way
20-43 reproduce any driver’s license or facsimile thereof in such a manner
20-44 that it could be mistaken for a valid license, or to display or have in
20-45 his possession any such photograph, photostat, duplicate,
20-46 reproduction or facsimile unless authorized by this chapter.
21-1 2. Except as otherwise provided in this subsection, a person
21-2 who uses a false or fictitious name in any application for a
21-3 driver’s license or identification card or who knowingly makes a
21-4 false statement or knowingly conceals a material fact or otherwise
21-5 commits a fraud in any such application is guilty of a category E
21-6 felony and shall be punished as provided in NRS 193.130. If the
21-7 false statement, knowing concealment of a material fact or other
21-8 commission of fraud described in this subsection relates solely to
21-9 the age of a person, including, without limitation, to establish false
21-10 proof of age to game, purchase alcoholic beverages or purchase
21-11 cigarettes or other tobacco products, the person is guilty of a
21-12 misdemeanor.
21-13 Sec. 36. NRS 483.860 is hereby amended to read as follows:
21-14 483.860 1. [Every] Except as otherwise provided in
21-15 subsection 3, every applicant for an identification card must furnish
21-16 proof of his age by presenting a birth certificate issued by a state or
21-17 the District of Columbia or other proof of the applicant’s date of
21-18 birth, including, but not limited to, a driver’s license or
21-19 identification card issued by another state or the District of
21-20 Columbia, or a baptismal certificate and such other corroboration of
21-21 the matters stated in his application as are required of applicants for
21-22 a driver’s license.
21-23 2. Every applicant who has been assigned a social security
21-24 number must furnish proof of his social security number by
21-25 displaying:
21-26 (a) An original card issued to the applicant by the Social
21-27 Security Administration bearing the applicant’s social security
21-28 number; or
21-29 (b) Other proof acceptable to the Department, including, but not
21-30 limited to, records of employment or federal income tax returns.
21-31 3. The Department may refuse to accept a driver’s license or
21-32 identification card issued by another state or the District of
21-33 Columbia if the Department determines that the other state or the
21-34 District of Columbia has less stringent standards than the State of
21-35 Nevada for the issuance of a driver’s license or identification card.
21-36 4. With respect to any document described in subsection 1,
21-37 the Department may, if the document has expired, refuse to accept
21-38 the document or refuse to issue an identification card to the
21-39 person presenting the document, or both.
21-40 5. The Director shall adopt regulations setting forth criteria
21-41 pursuant to which the Department will issue or refuse to issue an
21-42 identification card in accordance with this section to a person who
21-43 is a citizen of a foreign country. The criteria must be based upon
21-44 the purpose for which that person is present within the United
21-45 States.
22-1 Sec. 37. NRS 486.081 is hereby amended to read as follows:
22-2 486.081 1. Every application for a motorcycle driver’s
22-3 license must be made upon a form furnished by the Department and
22-4 must be verified by the applicant before a person authorized to
22-5 administer oaths. Officers and employees of the Department may
22-6 administer those oaths without charge.
22-7 2. Every application must:
22-8 (a) State the full name, date of birth, sex and residence address
22-9 of the applicant;
22-10 (b) Briefly describe the applicant;
22-11 (c) State whether the applicant has previously been licensed as a
22-12 driver, and, if so, when and by what state or country;
22-13 (d) State whether any such license has ever been suspended or
22-14 revoked, or whether an application has ever been refused, and, if so,
22-15 the date of and reason for such suspension, revocation or refusal;
22-16 and
22-17 (e) Give such other information as the Department requires to
22-18 determine the competency and eligibility of the applicant.
22-19 3. [Every] Except as otherwise provided in subsections 4, 5
22-20 and 6, every applicant shall furnish proof of his age by displaying:
22-21 (a) If he was born in the United States, a certified state-issued
22-22 birth certificate, baptismal certificate, driver’s license issued by
22-23 another state or the District of Columbia or other proof acceptable to
22-24 the Department; or
22-25 (b) If he was born outside the United States, a:
22-26 (1) Certificate of Citizenship, Certificate of Naturalization,
22-27 [Arrival-Departure Record, Alien Registration Receipt Card, United
22-28 States Citizen Identification Card or Letter of Authorization]
22-29 Permanent Resident Card or Temporary Resident Card issued by
22-30 the [Immigration and Naturalization Service of the Department of
22-31 Justice;] Bureau of Citizenship and Immigration Services;
22-32 (2) Consular Report of Birth Abroad [of a United States
22-33 Citizen Child] issued by the Department of State;
22-34 (3) Driver’s license issued by another state or the District of
22-35 Columbia; or
22-36 (4) Passport issued by the United States Government.
22-37 4. The Department may refuse to accept a driver’s license
22-38 issued by another state or the District of Columbia if the
22-39 Department determines that the other state or the District of
22-40 Columbia has less stringent standards than the State of Nevada
22-41 for the issuance of a driver’s license.
22-42 5. With respect to any document described in paragraph (b)
22-43 of subsection 3, the Department may:
22-44 (a) If the document has expired, refuse to accept the document
22-45 or refuse to issue a driver’s license to the person presenting the
22-46 document, or both; and
22-47 (b) If the document specifies a date by which the person
22-48 presenting the document must depart from the United States, issue
22-49 to the person presenting the document a driver’s license that
22-50 expires on the date on which the person is required to depart from
22-51 the United States.
22-52 6. The Director shall adopt regulations setting forth criteria
22-53 pursuant to which the Department will issue or refuse to issue a
22-54 driver’s license in accordance with this section to a person who is
22-55 a citizen of a foreign country. The criteria must be based upon the
22-56 purpose for which that person is present within the United States.
22-57 Sec. 38. (Deleted by amendment.)
22-58 Sec. 38.5. 1. There is hereby appropriated from the State
22-59 General Fund to the Nevada Commission on Homeland Security for
22-60 the use of the Commission in carrying out its duties:
22-61 For the Fiscal Year 2003-2004$118,750
22-62 For the Fiscal Year 2004-2005$111,069
22-63 2. Any remaining balance of the appropriation made by
22-64 subsection 1 remaining at the end of the respective fiscal years must
22-65 not be committed for expenditure after June 30 of the respective
22-66 fiscal years and reverts to the State General Fund as soon as all
22-67 payments of money committed have been made.
22-68 3. As used in this section, “Nevada Commission on Homeland
22-69 Security” means the Nevada Commission on Homeland Security
22-70 created by section 12 of this act.
22-71 Sec. 39. As soon as practicable after July 1, 2003:
22-72 1. The Senate Majority Leader shall appoint one member of the
22-73 Senate to the Nevada Commission on Homeland Security pursuant
22-74 to subsection 3 of section 12 of this act to a term that expires on
22-75 June 30, 2005.
22-76 2. The Speaker of the Assembly shall appoint one member of
22-77 the Assembly to the Nevada Commission on Homeland Security
22-78 pursuant to subsection 4 of section 12 of this act to a term that
22-79 expires on June 30, 2005.
22-80 Sec. 40. 1. This section and sections 1 to 33, inclusive, 38,
22-81 38.5 and 39 of this act become effective on July 1, 2003.
22-82 2. Sections 34 to 37, inclusive, of this act become effective on
22-83 January 1, 2004.
22-84 3. The provisions of sections 21 to 24, inclusive, and 27.5 of
22-85 this act expire by limitation on June 30, 2007.
22-86 20~~~~~03