(Reprinted with amendments adopted on April 17, 2003)
FIRST REPRINT A.B. 441
Assembly Bill No. 441–Assemblyman Perkins
March 17, 2003
____________
Referred to Committee on Judiciary
SUMMARY—Enacts
provisions relating to ensuring security of State of Nevada and its residents
with respect to
acts of terrorism and related emergencies. (BDR 19‑1139)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to 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; 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; 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.
1-16 4. While local efforts and plans to respond to acts of
1-17 terrorism and related emergencies are comprehensive, additional
1-18 statewide provisions are necessary to adequately prepare for acts
1-19 of cyber-terrorism, environmental catastrophes and other related
1-20 incidents.
1-21 5. As a result of the increased threat of terrorism, the
1-22 Legislature is compelled to address critical infrastructures,
1-23 governmental oversight and continuity, communications, and the
1-24 protection of important government documents and plans.
1-25 6. It is therefore within the public interest that the Legislature
1-26 enact provisions to:
1-27 (a) Protect sensitive state documents and computer systems
1-28 from cyber-terrorism;
1-29 (b) Secure the State’s energy, telecommunications and water
1-30 infrastructures;
1-31 (c) Ensure the continuity of government in the event of a
1-32 terrorist attack;
1-33 (d) Develop policies providing for effective communication
1-34 and interoperability among federal, state and local law
1-35 enforcement and other first responders;
1-36 (e) Provide safeguards in the issuance of government
1-37 identification; and
1-38 (f) Create an effective and comprehensive state oversight
1-39 structure to coordinate these and other antiterrorism initiatives.
1-40 Sec. 3. (Deleted by amendment.)
1-41 Sec. 4. As used in this chapter, unless the context otherwise
1-42 requires, the words and terms defined in sections 5 to 11,
2-1 inclusive, of this act have the meanings ascribed to them in those
2-2 sections.
2-3 Sec. 5. 1. “Act of terrorism” means any act that involves
2-4 the use or attempted use of sabotage, coercion or violence which is
2-5 intended to:
2-6 (a) Cause great bodily harm or death to the general
2-7 population; or
2-8 (b) Cause substantial destruction, contamination or
2-9 impairment of:
2-10 (1) Any building or infrastructure, communications,
2-11 transportation, utilities or services; or
2-12 (2) Any natural resource or the environment.
2-13 2. As used in this section, “coercion” does not include an act
2-14 of civil disobedience.
2-15 Sec. 6. “Commission” means the Nevada Commission on
2-16 Homeland Security created by section 12 of this act.
2-17 Sec. 7. “Governmental utility” means:
2-18 1. Any utility that is owned, operated or controlled by this
2-19 state or an agency or instrumentality of this state, including,
2-20 without limitation, the Colorado River Commission of Nevada.
2-21 2. Any utility that is owned, operated or controlled by any
2-22 county, city, town, general improvement district, special district or
2-23 other local governmental entity under the authority of any general
2-24 law, special law or city charter or any cooperative, interlocal or
2-25 other agreement.
2-26 Sec. 8. “Information system” means any computer
2-27 equipment, computer software, procedures or technology used to
2-28 collect, process, distribute or store information.
2-29 Sec. 9. “Political subdivision” means a city or county of this
2-30 state.
2-31 Sec. 10. “Response agency” means an agency of this state or
2-32 of a political subdivision that provides services related to law
2-33 enforcement, firefighting, emergency medical care or public
2-34 safety, including, without limitation, the Nevada National Guard.
2-35 Sec. 10.3. “Restricted document” means any blueprint or
2-36 plan of a school, place of worship, airport, gaming establishment,
2-37 governmental building or any other building or facility which is
2-38 likely to be targeted for a terrorist attack.
2-39 Sec. 10.7. “System of communication” includes, without
2-40 limitation, any public safety radio system or telecommunication
2-41 system.
2-42 Sec. 11. 1. “Utility” means any public or private entity that:
2-43 (a) Provides water service, electric service or natural gas
2-44 service to 500 or more service locations; or
3-1 (b) Operates any pipeline that is necessary to provide such
3-2 service.
3-3 2. The term includes, without limitation:
3-4 (a) A governmental utility.
3-5 (b) A public utility that is regulated by the Public Utilities
3-6 Commission of Nevada pursuant to chapter 704 of NRS.
3-7 (c) A rural electric cooperative established pursuant to chapter
3-8 81 of NRS.
3-9 (d) A cooperative association, nonprofit corporation, nonprofit
3-10 association or provider of electric service which is declared to be a
3-11 public utility pursuant to NRS 704.673 and which provides service
3-12 only to its members.
3-13 (e) A community water system that is subject to the
3-14 requirements of 42 U.S.C. § 300i-2.
3-15 Sec. 12. 1. The Nevada Commission on Homeland
3-16 Security, consisting of a Chairman and at least 14 members, is
3-17 hereby created.
3-18 2. The Senate Majority Leader shall appoint two members of
3-19 the Senate as voting members to the Commission.
3-20 3. The Speaker of the Assembly shall appoint two members of
3-21 the Assembly as voting members to the Commission.
3-22 4. The Governor shall appoint to the Commission 10 voting
3-23 members, at least one of whom represents the private sector. The
3-24 Governor may appoint as many nonvoting members as he chooses.
3-25 The members appointed by the Governor must possess expertise in
3-26 one or more of the following areas:
3-27 (a) Counterterrorism intelligence;
3-28 (b) Military service;
3-29 (c) Law enforcement;
3-30 (d) Fire fighting;
3-31 (e) Public health;
3-32 (f) Hospital administration;
3-33 (g) Emergency management;
3-34 (h) Administration of critical infrastructure and vital public
3-35 assets;
3-36 (i) Information technology;
3-37 (j) Transportation;
3-38 (k) Agriculture; and
3-39 (l) Business and industry.
3-40 5. The Governor may not appoint as a voting member of the
3-41 Commission any employee of the Executive Branch of State
3-42 Government.
3-43 6. The Governor or his designee is a nonvoting member of
3-44 the Commission. The Governor or his designee shall serve as
3-45 Chairman of the Commission.
4-1 7. The voting members of the Commission shall elect from
4-2 among their membership a Vice Chairman who serves in that
4-3 office for a term of 1 year.
4-4 Sec. 13. 1. Except for the initial members:
4-5 (a) The term of office of each voting member of the
4-6 Commission who is a Legislator is 2 years and commences on
4-7 July 1 of the year of appointment.
4-8 (b) The term of office of each voting member of the
4-9 Commission who is not a Legislator is 3 years and commences on
4-10 July 1 of the year of appointment.
4-11 2. The voting members of the Commission shall continue in
4-12 office until their successors are appointed. Voting members of the
4-13 Commission are eligible for reappointment. Vacancies among
4-14 the voting membership of the Commission must be filled for the
4-15 remainder of the unexpired term in the same manner as the
4-16 original appointment.
4-17 Sec. 14. 1. The Commission shall meet at the call of the
4-18 Chairman as frequently as required to perform its duties, but no
4-19 less than quarterly.
4-20 2. A majority of the voting members of the Commission
4-21 constitutes a quorum for the transaction of business, and a
4-22 majority of those voting members present at any meeting is
4-23 sufficient for any official action taken by the Commission.
4-24 Sec. 15. 1. Each member of the Commission who is not a
4-25 public employee is entitled to receive compensation of not more
4-26 than $80 per day, as fixed by the Commission, while engaged in
4-27 the business of the Commission.
4-28 2. A member of the Commission who is a public employee
4-29 may not receive any compensation for his services as a member of
4-30 the Commission. Any member of the Commission who is a public
4-31 employee must be granted administrative leave from his duties to
4-32 engage in the business of the Commission without loss of his
4-33 regular compensation. Such leave does not reduce the amount of
4-34 the member’s other accrued leave.
4-35 3. Except during a regular or special session of the
4-36 Legislature, each legislative member of the Commission is entitled
4-37 to receive the compensation provided for a majority of the
4-38 members of the Legislature during the first 60 days of the
4-39 preceding regular session for each day or portion of a day during
4-40 which he attends a meeting of the Commission or is otherwise
4-41 engaged in the business of the Commission. The compensation
4-42 and expenses of the legislative members of the Commission must
4-43 be paid from the Legislative Fund.
4-44 4. In addition to any compensation received pursuant to this
4-45 section, while engaged in the business of the Commission, each
5-1 member and employee of the Commission is entitled to receive the
5-2 per diem allowance and travel expenses provided for state officers
5-3 and employees generally.
5-4 Sec. 16. 1. Except as otherwise provided in subsections 2
5-5 and 3, the Commission shall comply with the provisions of chapter
5-6 241 of NRS and all meetings of the Commission must be
5-7 conducted in accordance with that chapter.
5-8 2. The Commission may hold a closed meeting to:
5-9 (a) Receive security briefings;
5-10 (b) Discuss procedures for responding to acts of terrorism and
5-11 related emergencies; or
5-12 (c) Discuss deficiencies in security with respect to public
5-13 services, public facilities and infrastructure,
5-14 if the Commission determines, upon a majority vote of its
5-15 members, that the public disclosure of such matters would be
5-16 likely to compromise, jeopardize or otherwise threaten the safety of
5-17 the public.
5-18 3. All information and materials received or prepared by the
5-19 Commission during a meeting closed pursuant to subsection 2 and
5-20 all minutes and audiovisual or electronic reproductions of such a
5-21 meeting are confidential, not subject to subpoena or discovery,
5-22 and not subject to inspection by the general public.
5-23 Sec. 17. The Commission shall, within the limits of available
5-24 money:
5-25 1. Make recommendations to the Governor, the Legislature,
5-26 agencies of this state, political subdivisions, businesses located
5-27 within this state and private persons who reside in this state with
5-28 respect to actions and measures that may be taken to protect
5-29 residents of this state and visitors to this state from potential acts
5-30 of terrorism and related emergencies.
5-31 2. Propose goals and programs that may be set and carried
5-32 out, respectively, to counteract or prevent potential acts of
5-33 terrorism and related emergencies before such acts of terrorism
5-34 and related emergencies can harm or otherwise threaten residents
5-35 of this state and visitors to this state.
5-36 3. With respect to buildings, facilities, geographic features
5-37 and infrastructure that must be protected from acts of terrorism
5-38 and related emergencies to ensure the safety of the residents of
5-39 this state and visitors to this state, including, without limitation,
5-40 airports, the Capitol Complex, dams, gaming establishments,
5-41 governmental buildings, highways, hotels, information technology
5-42 infrastructure, lakes, places of worship, power lines, public
5-43 buildings, public utilities, reservoirs, rivers and their tributaries,
5-44 and water facilities:
6-1 (a) Identify and categorize such buildings, facilities,
6-2 geographic features and infrastructure according to their
6-3 susceptibility to and need for protection from acts of terrorism and
6-4 related emergencies; and
6-5 (b) Study and assess the security of such buildings, facilities,
6-6 geographic features and infrastructure from acts of terrorism and
6-7 related emergencies.
6-8 4. Examine the use, deployment and coordination of response
6-9 agencies within this state to ensure that those agencies are
6-10 adequately prepared to protect residents of this state and visitors to
6-11 this state from acts of terrorism and related emergencies.
6-12 5. Assess, examine and review the use of information systems
6-13 and systems of communication used by response agencies within
6-14 this state to determine the degree to which such systems are
6-15 compatible and interoperable. After conducting the assessment,
6-16 examination and review, the Commission shall establish a state
6-17 plan setting forth criteria and standards for the compatibility and
6-18 interoperability of those systems when used by response agencies
6-19 within this state.
6-20 6. Assess, examine and review the operation and efficacy of
6-21 telephone systems and related systems used to provide emergency
6-22 911 service.
6-23 7. To the extent practicable, cooperate and coordinate with
6-24 the Division of Emergency Management of the Department of
6-25 Public Safety to avoid duplication of effort in developing policies
6-26 and programs for preventing and responding to acts of terrorism
6-27 and related emergencies.
6-28 8. Perform any other acts related to their duties set forth in
6-29 subsections 1 to 7, inclusive, that the Commission determines are
6-30 necessary to protect or enhance:
6-31 (a) The safety and security of the State of Nevada;
6-32 (b) The safety of residents of the State of Nevada; and
6-33 (c) The safety of visitors to the State of Nevada.
6-34 Sec. 18. The Chairman of the Commission may, with the
6-35 approval of the Commission, appoint committees from its members
6-36 to assist in carrying out the duties of the Commission.
6-37 Sec. 19. The Governor shall provide such staff assistance to
6-38 the Commission as he deems appropriate and may designate a
6-39 state agency to provide such assistance.
6-40 Sec. 20. The Commission may apply for and receive gifts,
6-41 grants, contributions or other money from governmental and
6-42 private agencies, affiliated associations and other persons to carry
6-43 out the provisions of this chapter and to defray expenses incurred
6-44 by the Commission in the discharge of its duties.
7-1 Sec. 21. 1. A document, record or other item of information
7-2 described in subsection 2 that is prepared and maintained for the
7-3 purpose of preventing or responding to an act of terrorism is
7-4 confidential, not subject to subpoena or discovery and not subject
7-5 to inspection by the general public if the Governor determines, by
7-6 executive order, that the disclosure or release of the document,
7-7 record or other item of information would thereby create a
7-8 substantial likelihood of compromising, jeopardizing or otherwise
7-9 threatening the public health, safety or welfare.
7-10 2. The types of documents, records or other items of
7-11 information subject to executive order pursuant to subsection 1
7-12 are as follows:
7-13 (a) Assessments, plans or records that evaluate or reveal the
7-14 susceptibility of fire stations, police stations and other law
7-15 enforcement stations to acts of terrorism or other related
7-16 emergencies.
7-17 (b) Drawings, maps, plans or records that reveal the critical
7-18 infrastructure of primary buildings, facilities and other structures
7-19 used for storing, transporting or transmitting water or electricity,
7-20 natural gas or other forms of energy.
7-21 (c) Documents, records or other items of information which
7-22 may reveal the details of a specific emergency response plan or
7-23 other tactical operations by a response agency and any training
7-24 relating to such emergency response plans or tactical operations.
7-25 (d) Handbooks, manuals or other forms of information
7-26 detailing procedures to be followed by response agencies in the
7-27 event of an act of terrorism or other related emergency.
7-28 (e) Documents, records or other items of information that
7-29 reveal information pertaining to specialized equipment used for
7-30 covert, emergency or tactical operations of a response agency,
7-31 other than records relating to expenditures for such equipment.
7-32 (f) Documents, records or other items of information that
7-33 reveal frequencies for radio transmissions used by response
7-34 agencies.
7-35 Sec. 22. 1. Unless made confidential by specific statute, a
7-36 restricted document may be inspected only by a person who
7-37 provides:
7-38 (a) His name;
7-39 (b) A copy of his driver’s license or other photographic
7-40 identification that is issued by a governmental entity;
7-41 (c) The name of his employer, if any;
7-42 (d) His citizenship; and
7-43 (e) Except as otherwise provided in this paragraph, a statement
7-44 of the purpose for the inspection. A person is not required to
7-45 indicate the purpose for inspecting a restricted document if the
8-1 person is an employee of any fire-fighting or law enforcement
8-2 agency.
8-3 2. Except as otherwise provided in subsection 3, a public
8-4 officer or employee shall observe any person while the person
8-5 inspects a restricted document in a location and in a manner
8-6 which ensures that the person does not copy, duplicate or
8-7 reproduce the restricted document in any way.
8-8 3. A restricted document may be copied, duplicated or
8-9 reproduced:
8-10 (a) Upon the lawful order of a court of competent jurisdiction;
8-11 (b) As is reasonably necessary in the case of an act of
8-12 terrorism or other related emergency;
8-13 (c) To protect the rights and obligations of a governmental
8-14 entity or the public;
8-15 (d) Upon the request of a reporter or editorial employee who is
8-16 employed by or affiliated with a newspaper, press association or
8-17 commercially operated and federally licensed radio or television
8-18 station and who uses the restricted document in the course of such
8-19 employment or affiliation; or
8-20 (e) Upon the request of a registered architect, licensed
8-21 contractor or a designated employee of any such architect or
8-22 contractor who uses the restricted document in his professional
8-23 capacity.
8-24 4. A public officer or employee shall inform any person who
8-25 inspects a restricted document of the provisions of this section.
8-26 Sec. 23. 1. A public officer or employee who is the
8-27 custodian of a restricted document shall establish a log to record:
8-28 (a) The information described in subsection 1 of section 22 of
8-29 this act when a person is allowed to inspect the document; and
8-30 (b) The date and time of the inspection.
8-31 2. The log is not a public record and may be inspected only
8-32 by:
8-33 (a) A representative of a law enforcement agency; or
8-34 (b) A reporter or editorial employee who is employed by or
8-35 affiliated with a newspaper, press association or commercially
8-36 operated and federally licensed radio or television station.
8-37 Sec. 24. Nothing in section 22 or 23 of this act shall be
8-38 deemed to prohibit a public officer or employee from contacting a
8-39 law enforcement agency to report a suspicious or unusual request
8-40 to inspect a restricted document.
8-41 Sec. 25. 1. Each political subdivision shall adopt and
8-42 maintain a response plan. Each new or revised plan must be filed
8-43 within 10 days after adoption or revision with:
8-44 (a) The Division of Emergency Management of the
8-45 Department of Public Safety; and
9-1 (b) Each response agency that provides services to the political
9-2 subdivision.
9-3 2. The response plan required by subsection 1 must include:
9-4 (a) A drawing or map of the layout and boundaries of the
9-5 political subdivision;
9-6 (b) A drawing or description of the streets and highways
9-7 within, and leading into and out of, the political subdivision,
9-8 including any approved routes for evacuation;
9-9 (c) The location and inventory of emergency response
9-10 equipment and resources within the political subdivision;
9-11 (d) The location of any unusually hazardous substances within
9-12 the political subdivision;
9-13 (e) A telephone number that may be used by residents of the
9-14 political subdivision to receive information and to make reports
9-15 with respect to an act of terrorism or related emergency;
9-16 (f) The location of one or more emergency response command
9-17 posts that are located within the political subdivision;
9-18 (g) A depiction of the location of each police station, sheriff’s
9-19 office and fire station that is located within the political
9-20 subdivision;
9-21 (h) Plans for the continuity of the operations and services of
9-22 the political subdivision, which plans must be consistent with the
9-23 provisions of section 26 of this act; and
9-24 (i) Any other information that the Commission may determine
9-25 to be relevant.
9-26 3. A plan filed pursuant to the requirements of this section,
9-27 including any revisions adopted thereto, is confidential and must
9-28 be securely maintained by the entities with whom it is filed
9-29 pursuant to subsection 1. An officer, employee or other person to
9-30 whom the plan is entrusted by the entity with whom it is filed shall
9-31 not disclose the contents of such a plan except:
9-32 (a) Upon the lawful order of a court of competent jurisdiction;
9-33 or
9-34 (b) As is reasonably necessary in the case of an act of
9-35 terrorism or related emergency.
9-36 Sec. 26. 1. In accordance with the provisions of Section 37
9-37 of Article 4 of the Nevada Constitution, the Nevada Legislature
9-38 hereby establishes a plan for continuation of state and local
9-39 governmental operations. The provisions set forth in this section
9-40 apply only in, and must be used in accordance with, the
9-41 circumstances described in subsection 2.
9-42 2. In the event that this state or a portion of this state is
9-43 stricken by a catastrophic emergency of such magnitude that, in
9-44 the opinion of the Governor or, in the absence of the Governor,
9-45 the Lieutenant Governor, the existing provisions of the Nevada
10-1 Constitution and the statutes of this state relating to the filling of
10-2 vacancies in office are not able to provide for a sufficiently
10-3 expedient continuity of government and temporary succession of
10-4 power as a result of vacancies in office created by the catastrophic
10-5 emergency, the provisions of subsections 3 to 10, inclusive, apply.
10-6 3. If a vacancy occurs in the Office of Governor as a result of
10-7 a catastrophic emergency and none of the successors described in
10-8 NRS 223.080 are able or available to act as Governor, the
10-9 Legislature shall elect a person to serve as Governor.
10-10 4. If vacancies occur in more than 15 percent of the seats in
10-11 either house of the Legislature as a result of a catastrophic
10-12 emergency:
10-13 (a) The remaining Legislators available for duty constitute the
10-14 Legislature and have full power to act in separate or joint
10-15 assembly by majority vote of those present;
10-16 (b) Any requirements for a quorum applicable to the
10-17 Legislature must initially be suspended and must subsequently be
10-18 adjusted as vacant offices are filled pursuant to NRS 218.043; and
10-19 (c) If the affirmative vote of a specified proportion of members
10-20 of the Legislature is required for the approval of a legislative
10-21 measure, the same proportion of remaining members of the
10-22 Legislature is sufficient for approval of that measure.
10-23 5. If vacancies occur in more than 15 percent of the positions
10-24 held by justices on the Supreme Court as a result of a catastrophic
10-25 emergency, the vacancies must be filled by appointment of the
10-26 Governor.
10-27 6. If vacancies occur in more than 15 percent of the positions
10-28 held by the district judges in any one judicial district as a result of
10-29 a catastrophic emergency, the vacancies must be filled by
10-30 appointment of the Supreme Court.
10-31 7. If vacancies occur on a board of county commissioners as
10-32 a result of a catastrophic emergency:
10-33 (a) The remaining members of the board available for duty
10-34 constitute the board and have full power to act by majority vote of
10-35 those present; and
10-36 (b) Any requirements for a quorum applicable to the board
10-37 must initially be suspended and must subsequently be adjusted as
10-38 vacant offices are filled.
10-39 If a board of county commissioners is rendered entirely vacant as
10-40 a result of a catastrophic emergency, such other elected officers of
10-41 the county as may be available to serve on the board have full
10-42 authority to act in all matters as a board of county commissioners.
10-43 8. If vacancies occur on a city council as a result of a
10-44 catastrophic emergency:
11-1 (a) The remaining members of the council available for duty
11-2 constitute the council and have full power to act by majority vote
11-3 of those present; and
11-4 (b) Any requirements for a quorum applicable to the council
11-5 must initially be suspended and must subsequently be adjusted as
11-6 vacant offices are filled.
11-7 If a city council is rendered entirely vacant as a result of a
11-8 catastrophic emergency, such other elected officers of the city as
11-9 may be available to serve on the council have full authority to act
11-10 in all matters as a city council.
11-11 9. If, during or following a catastrophic emergency, a
11-12 majority of the members of a legislative body described in this
11-13 section determines that, for purposes of safety or to address related
11-14 concerns, the legislative body should meet at a location other than
11-15 the location at which the legislative body ordinarily meets, the
11-16 legislative body may arrange to meet at an alternate location.
11-17 10. After a catastrophic emergency has taken place, the
11-18 Governor or, in the absence of the Governor, the Lieutenant
11-19 Governor, shall:
11-20 (a) Determine and announce publicly when conditions have
11-21 normalized within this state or the portion thereof affected by the
11-22 catastrophic emergency.
11-23 (b) In cooperation with the Secretary of State, develop
11-24 procedures and a reasonable schedule for filling by regular
11-25 election the various offices filled temporarily pursuant to this
11-26 section.
11-27 11. As used in this section, “catastrophic emergency” means
11-28 an emergency resulting from disasters caused by enemy attack, in
11-29 accordance with Section 37 of Article 4 of the Nevada
11-30 Constitution.
11-31 Sec. 27. 1. Each utility shall:
11-32 (a) Conduct a vulnerability assessment in accordance with the
11-33 requirements of the federal and regional agencies that regulate
11-34 the utility; and
11-35 (b) Prepare and maintain an emergency response plan in
11-36 accordance with the requirements of the federal and regional
11-37 agencies that regulate the utility.
11-38 2. Each utility shall:
11-39 (a) As soon as practicable but not later than December 31,
11-40 2003, submit its vulnerability assessment and emergency response
11-41 plan to the Division of Emergency Management of the
11-42 Department of Public Safety; and
11-43 (b) At least once each year thereafter, review its vulnerability
11-44 assessment and emergency response plan and, as soon as
11-45 practicable after its review is completed but not later than
12-1 December 31 of each year, submit the results of its review and any
12-2 additions or modifications to its emergency response plan to the
12-3 Division of Emergency Management of the Department of Public
12-4 Safety.
12-5 3. Each vulnerability assessment and emergency response
12-6 plan of a utility and any other information concerning a utility
12-7 that is necessary to carry out the provisions of this section is
12-8 confidential and must be securely maintained by each person or
12-9 entity that has possession, custody or control of the information.
12-10 4. A person shall not disclose such information, except:
12-11 (a) Upon the lawful order of a court of competent jurisdiction;
12-12 (b) As is reasonably necessary to carry out the provisions of
12-13 this section or the operations of the utility, as determined by the
12-14 Division of Emergency Management of the Department of Public
12-15 Safety; or
12-16 (c) As is reasonably necessary in the case of an emergency
12-17 involving public health or safety, as determined by the Division of
12-18 Emergency Management of the Department of Public Safety.
12-19 5. If a person knowingly and unlawfully discloses such
12-20 information or assists, solicits or conspires with another person to
12-21 disclose such information, the person is guilty of:
12-22 (a) A gross misdemeanor; or
12-23 (b) A category C felony and shall be punished as provided in
12-24 NRS 193.130 if the person acted with the intent to:
12-25 (1) Commit, cause, aid, further or conceal, or attempt to
12-26 commit, cause, aid, further or conceal, any unlawful act involving
12-27 terrorism or sabotage; or
12-28 (2) Assist, solicit or conspire with another person to
12-29 commit, cause, aid, further or conceal any unlawful act involving
12-30 terrorism or sabotage.
12-31 Sec. 28. NRS 205.465 is hereby amended to read as follows:
12-32 205.465 1. It is unlawful for a person to possess, sell or
12-33 transfer any document or personal identifying information for the
12-34 purpose of establishing a false status, occupation, membership,
12-35 license or identity for himself or any other person.
12-36 2. A person who:
12-37 (a) Sells or transfers any such document or personal identifying
12-38 information in violation of subsection 1; or
12-39 (b) Possesses any such document or personal identifying
12-40 information in violation of subsection 1 to commit any of the crimes
12-41 set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513,
12-42 inclusive, or 205.610 to 205.810, inclusive,
12-43 is guilty of a category C felony and shall be punished as provided in
12-44 NRS 193.130.
13-1 3. Except as otherwise provided in this subsection and
13-2 subsection 2, a person who possesses any such document or
13-3 personal identifying information in violation of subsection 1 is
13-4 guilty of a category E felony and shall be punished as provided in
13-5 NRS 193.130. If a person possesses any such document or
13-6 personal identifying information in violation of subsection 1 for
13-7 the sole purpose of establishing false proof of age, including,
13-8 without limitation, establishing false proof of age to game,
13-9 purchase alcoholic beverages or purchase cigarettes or other
13-10 tobacco products, the person is guilty of a misdemeanor.
13-11 4. Subsection 1 does not:
13-12 (a) Preclude the adoption by a city or county of an ordinance
13-13 prohibiting the possession of any such document or personal
13-14 identifying information; or
13-15 (b) Prohibit the possession or use of any such document or
13-16 personal identifying information by officers of local police, sheriff
13-17 and metropolitan police departments and by agents of the
13-18 Investigation Division of the Department of Public Safety while
13-19 engaged in undercover investigations related to the lawful discharge
13-20 of their duties.
13-21 5. As used in this section:
13-22 (a) “Document” includes, without limitation, a photocopy print,
13-23 photostat and other replica of a document.
13-24 (b) “Personal identifying information” means any information
13-25 designed, commonly used or capable of being used, alone or in
13-26 conjunction with any other information, to identify a person,
13-27 including, without limitation:
13-28 (1) The name, driver’s license number, social security
13-29 number, savings account number, credit card number, debit card
13-30 number, date of birth, place of employment and maiden name of the
13-31 mother of a person; and
13-32 (2) The fingerprints, voiceprint, retina image and iris image
13-33 of a person.
13-34 Sec. 29. NRS 207.345 is hereby amended to read as follows:
13-35 207.345 [Every person who impersonates]
13-36 1. A person shall not:
13-37 (a) Impersonate an officer or employee of a utility [company or
13-38 who] or, without authority [assumes] , assume any characteristic,
13-39 such as a uniform or insigne , or any identification by which [such
13-40 person] an officer or employee of a utility is distinguished[, and in
13-41 such assumed character does] , known or identified; and
13-42 (b) Use the impersonation or the assumed characteristic or
13-43 identity to commit or attempt to commit any unlawful act or any
13-44 act [purporting] in which the person purports to represent the utility
13-45 [company,] or an officer or employee of the utility.
14-1 2. A person who violates any provision of this section is guilty
14-2 of [a misdemeanor.] :
14-3 (a) A gross misdemeanor; or
14-4 (b) A category C felony and shall be punished as provided in
14-5 NRS 193.130 if the person acted with the intent to:
14-6 (1) Commit, cause, aid, further or conceal, or attempt to
14-7 commit, cause, aid, further or conceal, any unlawful act involving
14-8 terrorism or sabotage; or
14-9 (2) Assist, solicit or conspire with another person to
14-10 commit, cause, aid, further or conceal any unlawful act involving
14-11 terrorism or sabotage.
14-12 Sec. 30. Chapter 332 of NRS is hereby amended by adding
14-13 thereto a new section to read as follows:
14-14 1. On and after July 1, 2004, a governing body or its
14-15 authorized representative shall not purchase an information
14-16 system or system of communication, or any component thereof, for
14-17 use by a response agency unless the system or component complies
14-18 with the plan established pursuant to subsection 5 of section 17 of
14-19 this act.
14-20 2. On and after July 1, 2004, any grant or other money
14-21 received by a local government from the Federal Government for
14-22 the purchase of an information system or system of
14-23 communication, or any component thereof, for use by a response
14-24 agency must not be used to purchase such a system or component
14-25 unless the system or component complies with the plan established
14-26 pursuant to subsection 5 of section 17 of this act.
14-27 3. As used in this section:
14-28 (a) “Information system” has the meaning ascribed to it in
14-29 section 8 of this act.
14-30 (b) “Response agency” has the meaning ascribed to it in
14-31 section 10 of this act.
14-32 (c) “System of communication” has the meaning ascribed to it
14-33 in section 10.7 of this act.
14-34 Sec. 31. Chapter 333 of NRS is hereby amended by adding
14-35 thereto a new section to read as follows:
14-36 1. On and after July 1, 2004, the Chief, the Purchasing
14-37 Division or a using agency shall not purchase an information
14-38 system or system of communication, or any component thereof, for
14-39 use by a response agency unless the system or component complies
14-40 with the plan established pursuant to subsection 5 of section 17 of
14-41 this act.
14-42 2. On and after July 1, 2004, any grant or other money
14-43 received by the Chief, the Purchasing Division or a using agency
14-44 from the Federal Government for the purchase of an information
14-45 system or system of communication, or any component thereof, for
15-1 use by a response agency must not be used to purchase such a
15-2 system or component unless the system or component complies
15-3 with the plan established pursuant to subsection 5 of section 17 of
15-4 this act.
15-5 3. As used in this section:
15-6 (a) “Information system” has the meaning ascribed to it in
15-7 section 8 of this act.
15-8 (b) “Response agency” has the meaning ascribed to it in
15-9 section 10 of this act.
15-10 (c) “System of communication” has the meaning ascribed to it
15-11 in section 10.7 of this act.
15-12 Sec. 32. NRS 414.090 is hereby amended to read as follows:
15-13 414.090 1. Each political subdivision of this state [may] shall
15-14 establish a local organization for emergency management in
15-15 accordance with the state emergency management plan and program
15-16 for emergency management. Such a political subdivision may confer
15-17 or authorize the conferring upon members of the auxiliary police the
15-18 powers of police officers, subject to such restrictions as it imposes.
15-19 Each local organization for emergency management must have a
15-20 director who must be appointed by the executive officer or
15-21 governing body of the political subdivision, and who has direct
15-22 responsibility for the organization, administration and operation of
15-23 the local organization for emergency management , subject to the
15-24 direction and control of the executive officer or governing body.
15-25 Each local organization for emergency management shall perform
15-26 functions of emergency management within the territorial limits of
15-27 the political subdivision within which it is organized[,] and, in
15-28 addition, shall conduct such functions outside of such territorial
15-29 limits as may be required pursuant to the provisions of
15-30 NRS 414.100.
15-31 2. In carrying out the provisions of this chapter, each political
15-32 subdivision in which any emergency or disaster described in NRS
15-33 414.020 occurs may enter into contracts and incur obligations
15-34 necessary to combat such an emergency or disaster, protect the
15-35 health and safety of persons and property , and provide emergency
15-36 assistance to the victims of such an emergency or disaster. Each
15-37 political subdivision may exercise the powers vested under this
15-38 section in the light of the exigencies of the extreme emergency or
15-39 disaster without regard to time-consuming procedures and
15-40 formalities prescribed by law, except constitutional requirements,
15-41 pertaining to the performance of public work, entering into
15-42 contracts, the incurring of obligations, the employment of temporary
15-43 workers, the rental of equipment, the purchase of supplies and
15-44 materials, the levying of taxes, and the appropriation and
15-45 expenditure of public funds.
16-1 Sec. 33. Chapter 450B of NRS is hereby amended by adding
16-2 thereto a new section to read as follows:
16-3 1. Not later than July 1, 2004, and thereafter:
16-4 (a) The board of trustees of a school district in a county whose
16-5 population is 100,000 or more shall ensure that at least one
16-6 automated external defibrillator is placed in a central location at
16-7 each high school within the district.
16-8 (b) The Airport Authority of Washoe County shall ensure that
16-9 at least three automated external defibrillators are placed in
16-10 central locations at the largest airport within the county.
16-11 (c) The board of county commissioners of each county whose
16-12 population is 400,000 or more shall ensure that at least seven
16-13 automated external defibrillators are placed in central locations at
16-14 the largest airport within the county.
16-15 (d) The Board of Regents of the University of Nevada shall
16-16 ensure that at least two automated external defibrillators are
16-17 placed in central locations at each of:
16-18 (1) The largest indoor sporting arena or events center
16-19 controlled by the University in a county whose population is
16-20 100,000 or more but less than 400,000; and
16-21 (2) The largest indoor sporting arena or events center
16-22 controlled by the University in a county whose population is
16-23 400,000 or more.
16-24 (e) The Health Division shall ensure that at least one
16-25 automated external defibrillator is placed in a central location at
16-26 each of the following state buildings:
16-27 (1) The Capitol Building in Carson City;
16-28 (2) The Kinkead Building in Carson City;
16-29 (3) The Legislative Building in Carson City; and
16-30 (4) The Grant Sawyer Building in Las Vegas.
16-31 (f) The board of county commissioners of each county whose
16-32 population is 100,000 or more shall:
16-33 (1) Identify five county buildings or offices in each of their
16-34 respective counties which are characterized by large amounts of
16-35 pedestrian traffic or which house one or more county agencies
16-36 that provide services to large numbers of persons; and
16-37 (2) Ensure that at least one automated external defibrillator
16-38 is placed in a central location at each county building or office
16-39 identified pursuant to subparagraph (1).
16-40 2. Each governmental entity that is required to ensure the
16-41 placement of one or more automated external defibrillators
16-42 pursuant to subsection 1:
16-43 (a) May accept gifts, grants and donations for use in
16-44 obtaining, inspecting and maintaining the defibrillators;
17-1 (b) Shall ensure that those defibrillators are inspected and
17-2 maintained on a regular basis; and
17-3 (c) Shall encourage the entity where the automated external
17-4 defibrillator is placed to require any employee who will use the
17-5 automated external defibrillator to successfully complete the
17-6 training requirements of a course in basic emergency care of a
17-7 person in cardiac arrest that includes training in the operation
17-8 and use of an automated external defibrillator and is conducted in
17-9 accordance with the standards of the American Heart Association,
17-10 the American National Red Cross or any other similar
17-11 organization.
17-12 3. As used in this section, “automated external defibrillator”
17-13 means a medical device that:
17-14 (a) Has been approved by the United States Food and Drug
17-15 Administration;
17-16 (b) Is capable of recognizing the presence or absence, in a
17-17 patient, of ventricular fibrillation and rapid ventricular
17-18 tachycardia;
17-19 (c) Is capable of determining, without intervention by the
17-20 operator of the device, whether defibrillation should be performed
17-21 on the patient;
17-22 (d) Upon determining that defibrillation should be performed,
17-23 automatically charges and requests delivery of an electrical
17-24 impulse to the patient’s heart; and
17-25 (e) Upon action by the operator of the device, delivers to the
17-26 patient’s heart an appropriate electrical impulse.
17-27 Sec. 34. NRS 483.290 is hereby amended to read as follows:
17-28 483.290 1. Every application for an instruction permit or for
17-29 a driver’s license must:
17-30 (a) Be made upon a form furnished by the Department.
17-31 (b) Be verified by the applicant before a person authorized to
17-32 administer oaths. Officers and employees of the Department may
17-33 administer those oaths without charge.
17-34 (c) Be accompanied by the required fee.
17-35 (d) State the full name, date of birth, sex and residence address
17-36 of the applicant and briefly describe the applicant.
17-37 (e) State whether the applicant has theretofore been licensed as a
17-38 driver, and, if so, when and by what state or country, and whether
17-39 any such license has ever been suspended or revoked, or whether an
17-40 application has ever been refused, and, if so, the date of and reason
17-41 for the suspension, revocation or refusal.
17-42 (f) Include such other information as the Department may
17-43 require to determine the competency and eligibility of the applicant.
17-44 2. [Every] Except as otherwise provided in subsections 5, 6
17-45 and 7, every applicant must furnish proof of his age by displaying:
18-1 (a) If the applicant was born in the United States, a birth
18-2 certificate issued by a state or the District of Columbia or other
18-3 proof of the date of birth of the applicant, including, but not limited
18-4 to, a driver’s license issued by another state or the District of
18-5 Columbia, or a baptismal certificate and other proof that is
18-6 determined to be necessary and is acceptable to the Department; or
18-7 (b) If the applicant was born outside the United States, a
18-8 Certificate of Citizenship, Certificate of Naturalization, [Arrival-
18-9 Departure Record, Alien Registration Receipt Card, United States
18-10 Citizen Identification Card or Letter of Authorization] Permanent
18-11 Resident Card or Temporary Resident Card issued by the
18-12 [Immigration and Naturalization Service of the United States
18-13 Department of Justice] Bureau of Citizenship and Immigration
18-14 Services or a Consular Report of Birth Abroad [of a United States
18-15 Citizen Child] issued by the Department of State, a driver’s license
18-16 issued by another state or the District of Columbia or other proof
18-17 acceptable to the Department other than a passport issued by a
18-18 foreign government.
18-19 3. At the time of applying for a driver’s license, an applicant
18-20 may, if eligible, register to vote pursuant to NRS 293.524.
18-21 4. Every applicant who has been assigned a social security
18-22 number must furnish proof of his social security number by
18-23 displaying:
18-24 (a) An original card issued to the applicant by the Social
18-25 Security Administration bearing the social security number of the
18-26 applicant; or
18-27 (b) Other proof acceptable to the Department, including, but not
18-28 limited to, records of employment or federal income tax returns.
18-29 5. The Department may refuse to accept a driver’s license
18-30 issued by another state or the District of Columbia if the
18-31 Department determines that the other state or the District of
18-32 Columbia has less stringent standards than the State of Nevada
18-33 for the issuance of a driver’s license.
18-34 6. With respect to any document described in paragraph (b)
18-35 of subsection 2, the Department may:
18-36 (a) If the document has expired, refuse to accept the document
18-37 or refuse to issue a driver’s license to the person presenting the
18-38 document, or both; and
18-39 (b) If the document specifies a date by which the person
18-40 presenting the document must depart from the United States, issue
18-41 to the person presenting the document a driver’s license that
18-42 expires on the date on which the person is required to depart from
18-43 the United States.
18-44 7. The Director shall adopt regulations setting forth criteria
18-45 pursuant to which the Department will issue or refuse to issue a
19-1 driver’s license in accordance with this section to a person who is
19-2 a citizen of a foreign country. The criteria must be based upon the
19-3 purpose for which that person is present within the United States.
19-4 Sec. 35. NRS 483.530 is hereby amended to read as follows:
19-5 483.530 [It]
19-6 1. Except as otherwise provided in subsection 2, it is a
19-7 misdemeanor for any person:
19-8 [1.] (a) To display or cause or permit to be displayed or have in
19-9 his possession any cancelled, revoked, suspended, fictitious,
19-10 fraudulently altered or fraudulently obtained driver’s license;
19-11 [2.] (b) To alter, forge, substitute, counterfeit or use an
19-12 unvalidated driver’s license;
19-13 [3.] (c) To lend his driver’s license to any other person or
19-14 knowingly permit the use thereof by another;
19-15 [4.] (d) To display or represent as one’s own any driver’s license
19-16 not issued to him;
19-17 [5.] (e) To fail or refuse to surrender to the Department, a peace
19-18 officer or a court upon lawful demand any driver’s license which
19-19 has been suspended, revoked or cancelled;
19-20 [6. To use a false or fictitious name in any application for a
19-21 driver’s license or knowingly to make a false statement or
19-22 knowingly to conceal a material fact or otherwise commit a fraud in
19-23 any such application;
19-24 7.] (f) To permit any unlawful use of a driver’s license issued to
19-25 him;
19-26 [8.] (g) To do any act forbidden, or fail to perform any act
19-27 required, by NRS 483.010 to 483.630, inclusive; or
19-28 [9.] (h) To photograph, photostat, duplicate[,] or in any way
19-29 reproduce any driver’s license or facsimile thereof in such a manner
19-30 that it could be mistaken for a valid license, or to display or have in
19-31 his possession any such photograph, photostat, duplicate,
19-32 reproduction or facsimile unless authorized by this chapter.
19-33 2. Except as otherwise provided in this subsection, a person
19-34 who uses a false or fictitious name in any application for a
19-35 driver’s license or identification card or who knowingly makes a
19-36 false statement or knowingly conceals a material fact or otherwise
19-37 commits a fraud in any such application is guilty of a category E
19-38 felony and shall be punished as provided in NRS 193.130. If the
19-39 false statement, knowing concealment of a material fact or other
19-40 commission of fraud described in this subsection relates solely to
19-41 the age of a person, including, without limitation, to establish false
19-42 proof of age to game, purchase alcoholic beverages or purchase
19-43 cigarettes or other tobacco products, the person is guilty of a
19-44 misdemeanor.
20-1 Sec. 36. NRS 483.860 is hereby amended to read as follows:
20-2 483.860 1. [Every] Except as otherwise provided in
20-3 subsection 3, every applicant for an identification card must furnish
20-4 proof of his age by presenting a birth certificate issued by a state or
20-5 the District of Columbia or other proof of the applicant’s date of
20-6 birth, including, but not limited to, a driver’s license or
20-7 identification card issued by another state or the District of
20-8 Columbia, or a baptismal certificate and such other corroboration of
20-9 the matters stated in his application as are required of applicants for
20-10 a driver’s license.
20-11 2. Every applicant who has been assigned a social security
20-12 number must furnish proof of his social security number by
20-13 displaying:
20-14 (a) An original card issued to the applicant by the Social
20-15 Security Administration bearing the applicant’s social security
20-16 number; or
20-17 (b) Other proof acceptable to the Department, including, but not
20-18 limited to, records of employment or federal income tax returns.
20-19 3. The Department may refuse to accept a driver’s license or
20-20 identification card issued by another state or the District of
20-21 Columbia if the Department determines that the other state or the
20-22 District of Columbia has less stringent standards than the State of
20-23 Nevada for the issuance of a driver’s license or identification card.
20-24 4. With respect to any document described in subsection 1,
20-25 the Department may, if the document has expired, refuse to accept
20-26 the document or refuse to issue an identification card to the
20-27 person presenting the document, or both.
20-28 5. The Director shall adopt regulations setting forth criteria
20-29 pursuant to which the Department will issue or refuse to issue an
20-30 identification card in accordance with this section to a person who
20-31 is a citizen of a foreign country. The criteria must be based upon
20-32 the purpose for which that person is present within the United
20-33 States.
20-34 Sec. 37. NRS 486.081 is hereby amended to read as follows:
20-35 486.081 1. Every application for a motorcycle driver’s
20-36 license must be made upon a form furnished by the Department and
20-37 must be verified by the applicant before a person authorized to
20-38 administer oaths. Officers and employees of the Department may
20-39 administer those oaths without charge.
20-40 2. Every application must:
20-41 (a) State the full name, date of birth, sex and residence address
20-42 of the applicant;
20-43 (b) Briefly describe the applicant;
20-44 (c) State whether the applicant has previously been licensed as a
20-45 driver, and, if so, when and by what state or country;
21-1 (d) State whether any such license has ever been suspended or
21-2 revoked, or whether an application has ever been refused, and, if so,
21-3 the date of and reason for such suspension, revocation or refusal;
21-4 and
21-5 (e) Give such other information as the Department requires to
21-6 determine the competency and eligibility of the applicant.
21-7 3. [Every] Except as otherwise provided in subsections 4, 5
21-8 and 6, every applicant shall furnish proof of his age by displaying:
21-9 (a) If he was born in the United States, a certified state-issued
21-10 birth certificate, baptismal certificate, driver’s license issued by
21-11 another state or the District of Columbia or other proof acceptable to
21-12 the Department; or
21-13 (b) If he was born outside the United States, a:
21-14 (1) Certificate of Citizenship, Certificate of Naturalization,
21-15 [Arrival-Departure Record, Alien Registration Receipt Card, United
21-16 States Citizen Identification Card or Letter of Authorization]
21-17 Permanent Resident Card or Temporary Resident Card issued by
21-18 the [Immigration and Naturalization Service of the Department of
21-19 Justice;] Bureau of Citizenship and Immigration Services;
21-20 (2) Consular Report of Birth Abroad [of a United States
21-21 Citizen Child] issued by the Department of State;
21-22 (3) Driver’s license issued by another state or the District of
21-23 Columbia; or
21-24 (4) Passport issued by the United States Government.
21-25 4. The Department may refuse to accept a driver’s license
21-26 issued by another state or the District of Columbia if the
21-27 Department determines that the other state or the District of
21-28 Columbia has less stringent standards than the State of Nevada
21-29 for the issuance of a driver’s license.
21-30 5. With respect to any document described in paragraph (b)
21-31 of subsection 3, the Department may:
21-32 (a) If the document has expired, refuse to accept the document
21-33 or refuse to issue a driver’s license to the person presenting the
21-34 document, or both; and
21-35 (b) If the document specifies a date by which the person
21-36 presenting the document must depart from the United States, issue
21-37 to the person presenting the document a driver’s license that
21-38 expires on the date on which the person is required to depart from
21-39 the United States.
21-40 6. The Director shall adopt regulations setting forth criteria
21-41 pursuant to which the Department will issue or refuse to issue a
21-42 driver’s license in accordance with this section to a person who is
21-43 a citizen of a foreign country. The criteria must be based upon the
21-44 purpose for which that person is present within the United States.
22-1 Sec. 38. 1. There is hereby appropriated from the State
22-2 General Fund to the Health Division of the Department of Human
22-3 Resources for distribution to the governmental entities described in
22-4 section 33 of this act for the purchase of automated external
22-5 defibrillators:
22-6 For the Fiscal Year 2003-2004$170,000
22-7 For the Fiscal Year 2004-2005.. $15,000
22-8 2. A governmental entity described in section 33 of this act
22-9 may submit an application to the Health Division of the Department
22-10 of Human Resources for a grant of money from the appropriation
22-11 made by subsection 1 on a form provided by the Division. Such an
22-12 application must include a description of the:
22-13 (a) Amount of money expended by the governmental entity,
22-14 excluding gifts and grants, in the immediately preceding year for the
22-15 purchase of automated external defibrillators required to be placed
22-16 pursuant to section 33 of this act; and
22-17 (b) Financial needs of the governmental entity to inspect and
22-18 maintain the automated external defibrillators required to be placed
22-19 pursuant to section 33 of this act.
22-20 3. Upon receipt of such an application, the Health Division of
22-21 the Department of Human Resources shall review the application to
22-22 determine whether it is complete. The Health Division shall approve
22-23 an application if it is complete.
22-24 4. The Health Division of the Department of Human Resources
22-25 shall apportion the money available for each fiscal year among the
22-26 governmental entities whose applications have been approved.
22-27 5. A governmental entity that receives a grant of money
22-28 pursuant to subsection 4 shall use the money to purchase automated
22-29 external defibrillators to be placed in accordance with section 33 of
22-30 this act or as reimbursement for such defibrillators that were
22-31 purchased after July 1, 2003.
22-32 6. A governmental entity that receives a grant of money
22-33 pursuant to subsection 4 shall not use the money to supplant or
22-34 cause to be reduced any other source of funding available to the
22-35 governmental entity for the purchase of automated external
22-36 defibrillators.
22-37 7. As used in this section, “automated external defibrillator”
22-38 means a medical device that:
22-39 (a) Has been approved by the United States Food and Drug
22-40 Administration;
22-41 (b) Is capable of recognizing the presence or absence, in a
22-42 patient, of ventricular fibrillation and rapid ventricular tachycardia;
22-43 (c) Is capable of determining, without intervention by the
22-44 operator of the device, whether defibrillation should be performed
22-45 on the patient;
23-1 (d) Upon determining that defibrillation should be performed,
23-2 automatically charges and requests delivery of an electrical impulse
23-3 to the patient’s heart; and
23-4 (e) Upon action by the operator of the device, delivers to the
23-5 patient’s heart an appropriate electrical impulse.
23-6 8. Any remaining balance of the appropriation made by
23-7 subsection 1 for:
23-8 (a) The Fiscal Year 2003-2004 must be transferred and added to
23-9 the money appropriated for the Fiscal Year 2004-2005.
23-10 (b) The Fiscal Year 2004-2005, including any money added
23-11 thereto pursuant to paragraph (a), must not be committed for
23-12 expenditure after June 30, 2005, and reverts to the State General
23-13 Fund as soon as all payments of money committed have been made.
23-14 Sec. 39. As soon as practicable after July 1, 2003:
23-15 1. The Senate Majority Leader shall appoint two members of
23-16 the Senate to the Nevada Commission on Homeland Security
23-17 pursuant to subsection 2 of section 12 of this act to terms that expire
23-18 on June 30, 2005.
23-19 2. The Speaker of the Assembly shall appoint two members of
23-20 the Assembly to the Nevada Commission on Homeland Security
23-21 pursuant to subsection 3 of section 12 of this act to terms that expire
23-22 on June 30, 2005.
23-23 3. The Governor shall appoint 10 voting members to the
23-24 Nevada Commission on Homeland Security pursuant to subsection
23-25 4 of section 12 of this act to terms that expire on June 30, 2006.
23-26 Sec. 40. 1. This act becomes effective on July 1, 2003.
23-27 2. The provisions of sections 21 to 24, inclusive, of this act
23-28 expire by limitation on June 30, 2007.
23-29 H