Amendment No. 741

 

Senate Amendment to Assembly Bill No. 250  Second Reprint                                             (BDR 15‑49)

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 sec. 7, page 7, lines 40 and 41, by deleting:

destruction, contamination or impairment” and inserting:

destruction or contamination”.

     Amend sec. 10, page 8, by deleting lines 16 through 34 and inserting:

     “Sec. 10.  “Material support” means any financial, logistical, informational or other support or assistance intended to further an act of terrorism.”.

     Amend sec. 14, page 9, line 25, by deleting:

more than one person.” and inserting:

a large number of persons.”.

     Amend sec. 15, pages 9 and 10, by deleting lines 26 through 45 on page 9 and lines 1 through 9 on page 10, and inserting:

     “Sec. 15.  1.  A person shall not knowingly or intentionally commit or cause an act of terrorism or attempt to commit or cause an act of terrorism.

     2.  A person shall not knowingly or intentionally:

     (a) Aid, further or conceal or attempt to aid, further or conceal an act of terrorism;

     (b) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal an act of terrorism; or

     (c) Provide material support with the intent that such material support be used, in whole or in part, to:

          (1) Commit, cause, aid, further or conceal an act of terrorism; or

          (2) Aid a terrorist or conceal a terrorist from detection or capture.

     3.  A person who violates subsection 1 is guilty of a category A felony and:

     (a) Shall be punished by imprisonment:

          (1) For life without the possibility of parole;

          (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

          (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served; and

     (b) Shall further be punished by a fine of at least $50,000 but not more than $100,000.

     4.  A person who violates subsection 2 is guilty of a category A felony and:

     (a) Shall be punished by imprisonment:

          (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

          (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served; and

     (b) Shall be further punished by a fine of at least $25,000 but not more than $50,000.

     5.  In addition to any other penalty, the court shall order a person who violates the provisions of this section to pay restitution:

     (a) To each victim for any injuries that are a result of the violation; and

     (b) To the State of Nevada or a local government for any costs that arise from the violation.”.

     Amend sec. 21, page 11, by deleting lines 23 and 24 and inserting:

     “3. A person who violates any provision of subsection 1 is guilty of a category A felony and shall be punished [by] :”.

     Amend sec. 21, page 12, line 7, after “4.” by inserting:

A person who violates any provision of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall further be punished by a fine of not more than $10,000.

     5.”.

     Amend sec. 21, page 12, line 14, by deleting “5.” and inserting “6.”.

     Amend sec. 22, page 12, by deleting lines 27 through 29 and inserting:

     “(a) Injure, intimidate [, frighten, alarm or distress] or alarm any person, whether or not any person is actually injured, intimidated [, frightened, alarmed or distressed] or alarmed thereby;”.

     Amend the bill as a whole by renumbering sec. 26 as sec. 27 and adding a new section designated sec. 26, following sec. 25, to read as follows:

     “Sec. 26. NRS 450B.180 is hereby amended to read as follows:

     450B.180  1.  Any person desiring certification as an emergency medical technician must apply to the health authority using forms prescribed by the health authority.

     2.  The health authority, pursuant to regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

     3.  A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter. The regulations and standards established by the Board must provide for the completion of a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

     (a) An overview of acts of terrorism and weapons of mass destruction;

     (b) Personal protective equipment required for acts of terrorism;

     (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

     (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

     (e) An overview of the information available on, and the use of, the Health Alert Network.

     4.  The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. Unless the certificate is suspended by the district court pursuant to NRS 425.540, the holder of the certificate may appeal the suspension or revocation of his certificate pursuant to regulations adopted by the board.

     5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician.

     6.  A certificate issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a county or district board of health.

     7.  The Health Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Health Division or a county or district board of health.

     8.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

     9.  As used in this section:

     (a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

     (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

     (c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

     (d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

     (e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.”.

     Amend the bill as a whole by renumbering sections 27 and 28 as sections 32 and 33 and adding new sections designated sections 28 through 31, following sec. 26, to read as follows:

     “Sec. 28. NRS 630.253 is hereby amended to read as follows:

     630.253  1.  The Board shall, as a prerequisite for the:

     [1.] (a) Renewal of a license as a physician assistant; or

     [2.] (b) Biennial registration of the holder of a license to practice medicine,

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require each holder to comply with the requirements for continuing education adopted by the Board.      2.  These requirements [may] :

     (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

     (b) Must provide for the completion of a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

          (1) An overview of acts of terrorism and weapons of mass destruction;

          (2) Personal protective equipment required for acts of terrorism;

          (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

          (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

          (5) An overview of the information available on, and the use of, the Health Alert Network.

     3.  As used in this section:

     (a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

     (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

     (c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

     (d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

     (e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

     Sec. 29. NRS 631.342 is hereby amended to read as follows:

     631.342  1.  The Board shall adopt regulations concerning continuing education in dentistry and dental hygiene. The regulations must include:

     [1.] (a) The number of hours of credit required annually;

     [2.] (b) The criteria used to accredit each course; [and

     3.] (c) The requirements for submission of proof of attendance at courses [.] ; and

     (d) A provision requiring the completion a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

          (1) An overview of acts of terrorism and weapons of mass destruction;

          (2) Personal protective equipment required for acts of terrorism;

          (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

          (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

          (5) An overview of the information available on, and the use of, the Health Alert Network.

     2.  As used in this section:

     (a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

     (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

     (c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

     (d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

     (e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

     Sec. 30. NRS 632.343 is hereby amended to read as follows:

     632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board. The licensee is exempt from this provision for the first biennial period after graduation from an accredited school of professional nursing or practical nursing.

     2.  The Board shall review all courses offered to nurses for the completion of the requirement set in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

     3.  The program of continuing education required by subsection 1 must include a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

     (a) An overview of acts of terrorism and weapons of mass destruction;

     (b) Personal protective equipment required for acts of terrorism;

     (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

     (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

     (e) An overview of the information available on, and the use of, the Health Alert Network.

     4.  As used in this section:

     (a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

     (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

     (c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

     (d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

     (e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

     Sec. 31.  1.  The Legislative Commission shall appoint a subcommittee consisting of three Senators and three Assemblymen to conduct an interim study concerning the coordination, planning and cost of responding to emergencies involving state buildings, including, without limitation, responding to emergencies caused by fire, flood, earthquake, storm or other natural causes, by technological or man-made catastrophes or by acts of terrorism or acts involving the use of weapons of mass destruction or biological, chemical or radioactive agents.

     2.  An advisory committee consisting of the following members shall assist the subcommittee:

     (a) One member to represent the Buildings and Grounds Division of the Department of Administration, appointed by the Director of the Department of Administration.

     (b) One member to represent the Division of Emergency Management of the Department of Public Safety, appointed by the Director of the Department of Public Safety.

     (c) One member to represent the Capitol Police Division of the Department of Public Safety, appointed by the Director of the Department of Public Safety.

     (d) One member to represent the Legislative Police, appointed by the Legislative Commission.

     (e) One member to represent the Department of Corrections, appointed by the Director of the Department of Corrections.

     (f) One member to represent the Budget Division of the Department of Administration, appointed by the Director of the Department of Administration.

     (g) One member to represent the  Health Division of the Department of Human Resources, appointed by the Director of the Department of Human Resources.

     (h) One member to represent the interests of hospitals in this state, appointed by the Legislative Commission.

     (i) One member to represent the interests of fire departments in this state, appointed by the Legislative Commission.

     (j) One member to represent the interests of local law enforcement agencies in this state, appointed by the Legislative Commission.

     (k) One member to represent the interests of cities in this state, appointed by the Nevada League of Cities and Municipalities.

     (l) One member to represent the interests of counties in this state, appointed by the Nevada Association of Counties.

     3.  Members of the advisory committee serve without compensation, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the advisory committee. The per diem allowance and travel expenses must be paid from the Legislative Fund.

     4.  The subcommittee may form such subcommittees of its members as are necessary to study specific issues within the jurisdiction of the subcommittee.

     5.  The subcommittee may submit recommended legislation that is approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee to the Legislative Commission.

     6.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.

     Amend sec. 27, page 16, line 37, by deleting “26” and inserting “27”.

     Amend sec. 28, page 16, by deleting lines 41 through 43 and inserting:

     “Sec. 33.  1.  This section and sections 1 to 25, inclusive, 31 and 32 of this act become effective upon passage and approval.

     2.  Sections 26, 28, 29 and 30 of this act become effective on July 1, 2003, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out those sections and on October 1, 2003, for all other purposes.

     3.  Section 27 of this act becomes effective on October 1, 2003.”.

     Amend the title of the bill to read as follows:

AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing penalties; requiring resort hotels to adopt emergency response plans; requiring certain health care professionals to obtain continuing education concerning the medical consequences of acts of terrorism; providing for an interim study concerning the coordination, planning and cost of responding to emergencies involving state buildings; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems and enacts provisions concerning responses to emergencies. (BDR 15‑49)”.

     Amend the bill as a whole by adding the following Senator as a primary joint sponsor: Senator Raggio.