Senate Bill No. 294–Senator Neal (by request)

 

March 14, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes to enforce sovereign rights of State of Nevada. (BDR 15‑713)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to intergovernmental relations; prohibiting a person from exercising the powers of a peace officer in this state unless authorized by state law; prohibiting a person from performing any act relating to the management or control of public lands in Nevada unless the person is an agent of this state; defining the jurisdiction of the State of Nevada; providing criminal penalties and civil remedies for acts relating to storing high-level radioactive waste in this state; providing other criminal penalties and civil remedies; 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. Chapter 196 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  The Legislature hereby finds and declares that:

1-4  1.  The sovereign right of the State of Nevada to exercise

1-5  police power in this state is being unlawfully usurped in violation

1-6  of the Ninth and Tenth Amendments to the Constitution of the

1-7  United States and in violation of the intent and purpose of the

1-8  provisions of the Constitutional Compact whereby several of

1-9  the sovereign rights of the State of Nevada are agreed to be

1-10  exercised by special or limited agencies created by the Constitution

1-11  of the United States.

2-1  2.  The State of Nevada did not delegate to any limited agency

2-2  or agencies created by the Constitution of the United States the

2-3  power to store nuclear waste within this state.

2-4  3.  The usurpation of the police power of the State of Nevada

2-5  to protect the health, safety and welfare of the citizens of this state

2-6  deprives the citizens of this state of the republican form of

2-7  government required by the Constitution of the United States.

2-8  4.  The State of Nevada can protect the health, safety and

2-9  welfare of the citizens of this state and the republican form of

2-10  government required by the Constitution of the United States by

2-11  enforcing the Constitution of the United States.

2-12      Sec. 2.  Chapter 197 of NRS is hereby amended by adding

2-13  thereto a new section to read as follows:

2-14      1.  A person who performs an act of a peace officer in this

2-15  state, other than as a peace officer as defined in or authorized by

2-16  state statute, is guilty of a gross misdemeanor.

2-17      2.  A person aggrieved by a violation of any provision of this

2-18  section may commence a civil action against the violator to

2-19  recover damages suffered as a proximate result of the violation

2-20  and is entitled to recover $25,000 or treble the amount of his

2-21  actual damages, whichever is greater, plus his costs and

2-22  reasonable attorney’s fees in the action.

2-23      3.  The board of county commissioners of each county may

2-24  adopt such ordinances as are necessary to carry out the provisions

2-25  of this section.

2-26      Sec. 3.  Chapter 321 of NRS is hereby amended by adding

2-27  thereto the provisions set forth as sections 4 and 5 of this act.

2-28      Sec. 4.  The State of Nevada, in amending NRS 321.5963,

2-29  321.599, 328.500 and 459.910 and enacting this section and

2-30  sections 2 and 5 of this act, is acting as a sovereign state to enforce

2-31  within its borders the provisions of the Constitution of the United

2-32  States. In so acting, it is subject only to the original jurisdiction of

2-33  the Supreme Court of the United States.

2-34      Sec. 5.  1.  A person who performs any act relating to the

2-35  management or disposal of public lands in the State of Nevada,

2-36  other than as an agent of the State of Nevada, is guilty of a gross

2-37  misdemeanor.

2-38      2.  A person aggrieved by a violation of any provision of this

2-39  section may commence a civil action against the violator to

2-40  recover damages suffered as a proximate result of the violation

2-41  and is entitled to recover $25,000 or treble the amount of his

2-42  actual damages, whichever is greater, plus his costs and

2-43  reasonable attorney’s fees in the action.

3-1  3.  The board of county commissioners of each county may

3-2  adopt such ordinances as are necessary to carry out the provisions

3-3  of this section.

3-4  Sec. 6.  NRS 321.5963 is hereby amended to read as follows:

3-5  321.5963  As used in NRS 321.596 to 321.599, inclusive, and

3-6  sections 4 and 5 of this act, unless the context otherwise requires:

3-7  1.  “Division” means the Division of State Lands of the State

3-8  Department of Conservation and Natural Resources.

3-9  2.  “Public lands” means all lands within the exterior

3-10  boundaries of the State of Nevada , including lands managed or

3-11  controlled by the Bureau of Land Management and the United

3-12  States Forest Service, except lands:

3-13      (a) To which title is held by any private person or entity;

3-14      (b) To which title is held by the State of Nevada, any of its local

3-15  governments or the University and Community College System of

3-16  Nevada;

3-17      (c) Which are located within congressionally authorized national

3-18  parks, monuments[, national forests] or wildlife refuges or which

3-19  are lands acquired by purchase consented to by the Legislature;

3-20      (d) Which are controlled by the United States Department of

3-21  Defense[, Department of Energy] or the Bureau of Reclamation; or

3-22      (e) Which are held in trust for Indian purposes or are Indian

3-23  reservations.

3-24      Sec. 7.  NRS 321.599 is hereby amended to read as follows:

3-25      321.599  The Attorney General may initiate an action or defend

3-26  [any] an action commenced in any court to carry out or enforce the

3-27  provisions of NRS 321.596 to 321.599, inclusive, and sections 4

3-28  and 5 of this act, or seek [any] appropriate judicial relief to protect

3-29  the interests of the State or the people of the State in the public

3-30  lands. [The right to enforce the provisions of NRS 321.596 to

3-31  321.599, inclusive, vests exclusively in the Attorney General.] If the

3-32  Attorney General refuses to initiate or defend such an action, the

3-33  district attorney of the appropriate county may do so.

3-34      Sec. 8.  NRS 328.500 is hereby amended to read as follows:

3-35      328.500  1.  The Legislature finds that more than 87 percent of

3-36  the land in the State of Nevada is held by the Federal Government,

3-37  of which 69 percent is public land, and the actions of federal

3-38  agencies and instrumentalities involving the public lands and waters

3-39  appurtenant to and public roads over those lands significantly affect

3-40  the health, safety, welfare and happiness of the citizens of this state

3-41  and may interfere with the traditional sovereign functions of the

3-42  State of Nevada with respect to those lands, waters and roads and

3-43  their uses.

3-44      2.  Except as otherwise provided in subsection 3, the Attorney

3-45  General may:

4-1  (a) On his own initiative or at the request of the Governor or any

4-2  state agency, bring and maintain any action; or

4-3  (b) Intervene on behalf of or bring and maintain an action on the

4-4  relation of, any person in any meritorious case,

4-5  in any court or before any federal agency if any action or proposed

4-6  action by a federal agency or instrumentality with respect to the

4-7  public lands or waters appurtenant to or public roads over those

4-8  lands impairs or tends to impair the sovereignty of the State of

4-9  Nevada.

4-10      3.  The Attorney General may bring an action pursuant to this

4-11  section if:

4-12      (a) The Legislature has appropriated sufficient money for the

4-13  operation of his office to permit him to bring and maintain the

4-14  action until its conclusion; or

4-15      (b) He has obtained the permission:

4-16          (1) From the Legislature, if it is in session, expressed by a

4-17  concurrent resolution; or

4-18          (2) If the Legislature is not in session, from the Interim

4-19  Finance Committee.

4-20      4.  As used in this section, “public lands” means all lands

4-21  within the exterior boundaries of the State of Nevada , including

4-22  lands managed or controlled by the Bureau of Land Management

4-23  and the United States Forest Service, except lands:

4-24      (a) To which title is held by any private person or entity;

4-25      (b) To which title is held by the State of Nevada, any of its local

4-26  governments or the University and Community College System of

4-27  Nevada;

4-28      (c) Which are located within congressionally authorized national

4-29  parks, monuments[, national forests] or wildlife refuges or which

4-30  are lands acquired by purchase consented to by the Legislature;

4-31      (d) Which are controlled by the United States Department of

4-32  Defense[, Department of Energy] or the Bureau of Reclamation; or

4-33      (e) Which are held in trust for Indian purposes or are Indian

4-34  reservations.

4-35      Sec. 9.  NRS 459.910 is hereby amended to read as follows:

4-36      459.910  1.  It is unlawful for any person or governmental

4-37  entity to store high-level radioactive waste in Nevada.

4-38      2.  A person who violates any provision of this section is guilty

4-39  of a category C felony and shall be punished as provided in

4-40  NRS 193.130.

4-41      3.  A person aggrieved by a violation of any provision of this

4-42  section may commence a civil action against the violator to

4-43  recover damages suffered as a proximate result of the violation

4-44  and is entitled to recover $25,000 or treble the amount of his

5-1  actual damages, whichever is greater, plus his costs and

5-2  reasonable attorney’s fees in the action.

5-3  4.  The board of county commissioners of each county may

5-4  adopt such ordinances as are necessary to carry out the provisions

5-5  of this section.

5-6  5.  As used in this section, unless the context otherwise

5-7  requires, “high-level radioactive waste” has the meaning ascribed to

5-8  that term in 10 C.F.R. § 60.2.

5-9  Sec. 10.  This act becomes effective upon passage and

5-10  approval.

 

5-11  H