Amendment No. 359

 

Assembly Amendment to Assembly Bill No. 441                                                              (BDR 19‑1139)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, line 3, by deleting “25,” and inserting “27,”.

     Amend sec. 2, page 2, line 34, after “among” by inserting:

federal, state and local”.

     Amend sec. 3, page 3, by deleting lines 3 through 7 and inserting:

     “Sec. 3.  (Deleted by amendment.)”.

     Amend sec. 5, page 3, by deleting lines 12 through 23 and inserting:

     “Sec. 5.  1.  “Act of terrorism” means any act that involves the use or attempted use of sabotage, coercion or violence which is intended to:

     (a) Cause great bodily harm or death to the general population; or

     (b) Cause substantial destruction, contamination or impairment of:

          (1) Any building or infrastructure, communications, transportation, utilities or services; or

          (2) Any natural resource or the environment.

     2.  As used in this section, “coercion” does not include an act of civil disobedience.”.

     Amend sec. 10, page 3, line 43, by deleting “safety” and inserting:

safety, including, without limitation, the Nevada National Guard.”.

     Amend the bill as a whole by adding new sections designated sections 10.3 and 10.7, following sec. 10, to read as follows:

     Sec. 10.3.  “Restricted document” means any blueprint or plan of a school, place of worship, airport, gaming establishment, governmental building or any other building or facility which is likely to be targeted for a terrorist attack.

     Sec. 10.7.  “System of communication” includes, without limitation, any public safety radio system or telecommunication system.”.

     Amend sec. 11, page 4, by deleting lines 1 through 3 and inserting:

     “Sec. 11.  1.  “Utility” means any public or private entity that:

     (a) Provides water service, electric service or natural gas service to 500 or more service locations; or

     (b) Operates any pipeline that is necessary to provide such service.”.

     Amend sec. 11, page 4, between lines 13 and 14, by inserting:

     “(e) A community water system that is subject to the requirements of 42 U.S.C. § 300i-2.”.

     Amend sec. 12, page 4, line 15, by deleting “12” and inserting:

a Chairman and at least 14”.

     Amend sec. 12, page 4, by deleting lines 16 through 43 and inserting:

     “2.  The Senate Majority Leader shall appoint two members of the Senate as voting members to the Commission.

     3.  The Speaker of the Assembly shall appoint two members of the Assembly as voting members to the Commission.

     4.  The Governor shall appoint to the Commission 10 voting members, at least one of whom represents the private sector. The Governor may appoint as many nonvoting members as he chooses. The members appointed by the Governor must possess expertise in one or more of the following areas:

     (a) Counterterrorism intelligence;

     (b) Military service;

     (c) Law enforcement;

     (d) Fire fighting;

     (e) Public health;

     (f) Hospital administration;

     (g) Emergency management;

     (h) Administration of critical infrastructure and vital public assets;

     (i) Information technology;

     (j) Transportation;

     (k) Agriculture; and

     (l) Business and industry.

     5.  The Governor may not appoint as a voting member of the Commission any employee of the Executive Branch of State Government.”.

     Amend sec. 12, page 5, line 1, by deleting “5.” and inserting “6.”.

     Amend sec. 12, page 5, by deleting lines 4 through 6 and inserting:

     7.  The voting members of the Commission shall elect from among their membership a Vice Chairman who serves in that office for a term of 1 year.”.

     Amend sec. 13, page 5, line 7, after “13.” by inserting “1.”.

     Amend sec. 13, page 5, line 8, by deleting “1.” and inserting “(a)”.

     Amend sec. 13, page 5, line 11, by deleting “2.” and inserting “(b)”.

     Amend sec. 13, page 5, line 14, before “The” by inserting “2.”.

     Amend sec. 13, page 5, by deleting lines 16 through 18 and inserting:

Commission are eligible for reappointment. Vacancies among the voting membership of the”.

     Amend sec. 15, page 5, by deleting lines 28 and 29 and inserting:

     Sec. 15.  1.  Each member of the Commission who is not a public employee is entitled to receive compensation of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

     2.  A member of the Commission who is a public employee may not receive any compensation for his services as a member of the Commission. Any member of the Commission who is a public employee must be granted administrative leave from his duties to engage in the business of the Commission without loss of his regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

     3.  Except during a regular or special session of the Legislature, each legislative member of the Commission is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Commission or is otherwise engaged in the business of the Commission. The compensation and expenses of the legislative members of the Commission must be paid from the Legislative Fund.

     4.  In addition to any compensation received pursuant to this section, while engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.”.

     Amend sec. 17, page 6, by deleting lines 21 through 24 and inserting:

airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:”.

     Amend sec. 17, page 7, line 9, after “acts” by inserting “related to their duties set forth in subsections 1 to 7, inclusive,”.

     Amend sec. 21, page 7, line 26, after “2” by inserting:

that is prepared and maintained for the purpose of preventing or responding to an act of terrorism”.

     Amend sec. 21, pages 7 and 8, by deleting lines 36 through 45 on page 7 and lines 1 through 25 on page 8, and inserting:

     (a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.

     (b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy.

     (c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.

     (d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.

     (e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.

     (f) Documents, records or other items of information that reveal frequencies for radio transmissions used by response agencies.”.

     Amend the bill as a whole by renumbering sections 22 through 34 as sections 25 through 37 and adding new sections designated sections 22 through 24, following sec. 21, to read as follows:

     “Sec. 22. 1.  Unless made confidential by specific statute, a restricted document may be inspected only by a person who provides:

     (a) His name;

     (b) A copy of his driver’s license or other photographic identification that is issued by a governmental entity;

     (c) The name of his employer, if any;

     (d) His citizenship; and

     (e) Except as otherwise provided in this paragraph, a statement of the purpose for the inspection. A person is not required to indicate the purpose for inspecting a restricted document if the person is an employee of any fire-fighting or law enforcement agency.

     2.  Except as otherwise provided in subsection 3, a public officer or employee shall observe any person while the person inspects a restricted document in a location and in a manner which ensures that the person does not copy, duplicate or reproduce the restricted document in any way.

     3.  A restricted document may be copied, duplicated or reproduced:

     (a) Upon the lawful order of a court of competent jurisdiction;

     (b) As is reasonably necessary in the case of an act of terrorism or other related emergency;

     (c) To protect the rights and obligations of a governmental entity or the public;

     (d) Upon the request of a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station and who uses the restricted document in the course of such employment or affiliation; or

     (e) Upon the request of a registered architect, licensed contractor or a designated employee of any such architect or contractor who uses the restricted document in his professional capacity.

     4.  A public officer or employee shall inform any person who inspects a restricted document of the provisions of this section.

     Sec. 23.  1.  A public officer or employee who is the custodian of a restricted document shall establish a log to record:

     (a) The information described in subsection 1 of section 22 of this act when a person is allowed to inspect the document; and

     (b) The date and time of the inspection.

     2.  The log is not a public record and may be inspected only by:

     (a) A representative of a law enforcement agency; or

     (b) A reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station.

     Sec. 24.  Nothing in section 22 or 23 of this act shall be deemed to prohibit a public officer or employee from contacting a law enforcement agency to report a suspicious or unusual request to inspect a restricted document.”.

     Amend sec. 22, page 8, by deleting lines 29 through 32 and inserting:

     (a) The Division of Emergency Management of the Department of Public Safety; and

     (b) Each response agency that provides services to the political”.

     Amend sec. 22, page 9, line 11, by deleting “23” and inserting “26”.

     Amend sec. 24, page 11, by deleting lines 19 through 28 and inserting:

     (a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and

     (b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.”.

     Amend sec. 24, page 11, by deleting lines 32 and 33 and inserting:

plan to the Division of Emergency Management of the Department of Public Safety;”.

     Amend sec. 24, page 11, by deleting lines 40 and 41 and inserting:

Division of Emergency Management of the Department of Public Safety.”.

     Amend sec. 24, page 12, by deleting line 6 and inserting:

this section or the operations of the utility, as determined by the Division of Emergency Management of the Department of Public Safety; or”.

     Amend sec. 24, page 12, by deleting line 8 and inserting:

involving public health or safety, as determined by the Division of Emergency Management of the Department of Public Safety.”.

     Amend sec. 25, page 12, by deleting line 41 and inserting:

the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is”.

     Amend sec. 27, page 14, line 3, by deleting “2003,” and inserting “2004,”.

     Amend sec. 27, page 14, line 9, by deleting “2003,” and inserting “2004,”.

     Amend sec. 27, page 14, between lines 20 and 21, by inserting:

     “(c) “System of communication” has the meaning ascribed to it in section 10.7 of this act.”.

     Amend sec. 28, page 14, line 23, by deleting “2003,” and inserting “2004,”.

     Amend sec. 28, page 14, line 29, by deleting “2003,” and inserting “2004,”.

     Amend sec. 28, page 14, between lines 41 and 42, by inserting:

     “(c) “System of communication” has the meaning ascribed to it in section 10.7 of this act.”.

     Amend sec. 30, page 16, by deleting lines 30 through 32 and inserting:

obtaining, inspecting and maintaining the defibrillators;

     (b) Shall ensure that those defibrillators are inspected and maintained on a regular basis; and

     (c) Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any other similar organization.

     Amend sec. 32, page 19, by deleting line 18 and inserting:

the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.”.

     Amend sec. 33, page 19, line 24, after “license” by inserting:

or identification card”.

     Amend sec. 33, page 19, line 36, after “license” by inserting:

or identification card”.

     Amend sec. 33, page 19, line 40, by deleting “license.” and inserting:

license or identification card.

     4.  With respect to any document described in subsection 1, the Department may, if the document has expired, refuse to accept the document or refuse to issue an identification card to the person presenting the document, or both.

     5.  The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a foreign country. The criteria must be based upon the purpose for which that person is present within the United States.”.

     Amend the bill as a whole by deleting sections 35 through 45 and renumbering sections 46 through 48 as sections 38 through 40.

     Amend sec. 46, page 25, lines 21, 25, 33 and 36, by deleting “30” and inserting “33”.

     Amend sec. 46, page 26, line 1, by deleting “30” and inserting “33”.

     Amend sec. 47, pages 26 and 27, by deleting lines 32 through 45 on page 26 and lines 1 through 5 on page 27, and inserting:

     “1.  The Senate Majority Leader shall appoint two members of the Senate to the Nevada Commission on Homeland Security pursuant to subsection 2 of section 12 of this act to terms that expire on June 30, 2005.

     2.  The Speaker of the Assembly shall appoint two members of the Assembly to the Nevada Commission on Homeland Security pursuant to subsection 3 of section 12 of this act to terms that expire on June 30, 2005.

     3.  The Governor shall appoint 10 voting members to the Nevada Commission on Homeland Security pursuant to subsection 4 of section 12 of this act to terms that expire on June 30, 2006.”.

     Amend sec. 48, page 27, line 6, before “This” by inserting “1.”.

     Amend sec. 48, page 27, after line 6, by inserting:

     “2.  The provisions of sections 21 to 24, inclusive, of this act expire by limitation on June 30, 2007.”.

     Amend the title of the bill by deleting the eleventh through thirteenth lines and inserting:

“utilities; providing for the”.