(Reprinted with amendments adopted on April 8, 2009) FIRST REPRINT S.B. 144
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1 (Reprinted with amendments adopted on April, 00) FIRST REPRINT S.B. SENATE BILL NO. SENATOR AMODEI FEBRUARY, 00 Referred to Committee on Energy, Infrastructure and Transportation SUMMARY Enacts provisions governing public safety bomb squads. (BDR -0) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to explosives; setting forth the primary responsibilities of a public safety bomb squad under certain circumstances; requiring a public safety bomb squad to comply with certain national guidelines to the extent practicable; and providing other matters properly relating thereto. 0 0 Legislative Counsel s Digest: This bill sets forth various provisions governing the activities of public safety bomb squads and bomb technicians. Section. of this bill provides that the provisions of the bill apply in each county in this State: () in which there is a public safety bomb squad; and () in the absence of a memorandum of understanding setting forth the responsibilities of the public safety bomb squad. Section. also provides that in a county in which there is not a public safety bomb squad, the sheriff of the county or his designee is responsible for carrying out those duties of a public safety bomb squad which he determines are appropriate in that county. Section of this bill defines a bomb technician as a person who is certified as a bomb technician by the Federal Bureau of Investigation and is an active member of a public safety bomb squad. Section of this bill defines a public safety bomb squad as a group which consists of members who are bomb technicians and which is accredited by the Federal Bureau of Investigation. Section of this bill sets forth the primary responsibilities of a public safety bomb squad. Section of this bill specifies that each public safety bomb squad is responsible for all render-safe procedures for all actual or suspected improvised explosive devices to which the public safety bomb squad responds. Section also imposes duties upon a public safety bomb squad, including the duty to provide maximum safety for the public in accordance with certain national guidelines. Section 0 of this bill requires each law enforcement agency in this State to establish a plan to ensure the timely notification of the appropriate public safety bomb squad of any actual or - *SB_R*
2 0 suspected improvised explosive device. Section of this bill specifies that a suspected improvised explosive device includes any item that, based on training, experience or circumstances, would cause a reasonable person to believe that the item may pose an immediate threat of an explosive or destructive nature. Section of this bill provides that each bomb squad commander is responsible for the activities of the public safety bomb squad, requires the bomb squad commander to establish policies and tactical plans consistent with the National Guidelines for Bomb Technicians and provides that the bomb squad commander retains final authority concerning the render-safe procedures for incidents involving explosives to which the public safety bomb squad responds. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section. Chapter of NRS is hereby amended by adding thereto the provisions set forth as sections to, inclusive, of this act. Sec.. As used in sections to, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections to, inclusive, of this act have the meanings ascribed to them in those sections. Sec.. Bomb squad commander means a bomb technician who serves as the point of contact for and speaks on behalf of a public safety bomb squad. Sec.. Bomb technician means a person who:. Is certified as a bomb technician by the Federal Bureau of Investigation; and. Is an active member of a public safety bomb squad. Sec.. National Guidelines for Bomb Technicians means the guidelines published by the National Bomb Squad Commanders Advisory Board that set forth:. The requirements for certifying a bomb technician;. The requirements for accrediting a public safety bomb squad; and. The fundamental operational doctrine of the bomb squad profession, including, without limitation, minimum principles of safety for that profession. Sec.. Public safety bomb squad means a group that:. Consists of members who are bomb technicians; and. Is accredited as a bomb squad by the Federal Bureau of Investigation. Sec.. Suspected improvised explosive device means any item that, based on training, experience or circumstances, would cause a reasonable person to believe that the item may pose an immediate threat of an explosive or destructive nature. - *SB_R*
3 Sec.... The provisions of sections to, inclusive, of this act apply in each county in this State: (a) In which there is a public safety bomb squad; and (b) In the absence of a memorandum of understanding setting forth the responsibilities of each public safety bomb squad in the county.. In a county in which there is no public safety bomb squad, the sheriff of the county or his designee shall carry out those duties of a public safety bomb squad which he determines are appropriate in that county. Sec.. The primary responsibilities of each public safety bomb squad are to:. Make safe any area and remove from the area any: (a) Actual or suspected improvised explosive device; (b) Explosive; or (c) Incendiary device.. Provide legal and safe transportation, disposal and storage of any item specified in subsection.. Assist the primary law enforcement agency with the investigation of each crime where a bombing occurs or where any improvised explosive device has been rendered safe.. Store, maintain and prepare an inventory of all equipment used by the public safety bomb squad.. Upon request, provide technical support for any law enforcement agency, including, without limitation, providing protection for any dignitary in this State.. Prepare and participate in a program of training relating to explosives.. Maintain and be familiar with a library of technical publications and other information concerning explosives.. Maintain professional and training liaisons with: (a) Other state and local bomb squads; (b) Law enforcement agencies; (c) Military units; (d) Federal agencies; and (e) Professional associations.. Compile and report to the appropriate persons all technical data obtained by the public safety bomb squad concerning explosive devices and incidents involving explosives that occur within the jurisdiction of the public safety bomb squad. 0. Develop programs for members of the general public and private organizations concerning safety and awareness during a bomb threat. - *SB_R*
4 Report to the appropriate military unit any military ordnance which is found or recovered by the public safety bomb squad. Sec... Except as otherwise provided in subsection, each public safety bomb squad: (a) Is responsible for all render-safe procedures for all actual or suspected improvised explosive devices to which the public safety bomb squad responds; and (b) Shall, to the extent practicable in conducting its activities, provide maximum safety for members of the general public and any other public safety bomb squad in accordance with the National Guidelines for Bomb Technicians and the National Strategic Plan for U.S. Bomb Squads published by the National Bomb Squad Commanders Advisory Board.. At an airport that has an airport security program or airport emergency plan approved by the Federal Aviation Administration of the United States Department of Transportation or the Transportation Security Administration of the United States Department of Homeland Security, the public safety bomb squad shall carry out the primary responsibilities specified in section of this act in accordance with the approved airport security program or airport emergency plan. Sec. 0. Each law enforcement agency in this State shall establish a plan to ensure the timely notification of the appropriate public safety bomb squad of any actual or suspected improvised explosive device. Sec.. Each bomb squad commander:. Is responsible for the activities of the public safety bomb squad concerning responses to actual or suspected improvised explosive devices;. Shall establish policies and tactical plans consistent with the National Guidelines for Bomb Technicians;. Shall work cooperatively with the appropriate law enforcement agencies to remediate any incident involving an explosive to which the public safety bomb squad responds; and. Retains final authority for the render-safe procedures for any incident involving an explosive to which the public safety bomb squad responds. Sec.. (Deleted by amendment.) Sec.. NRS.00 is hereby amended to read as follows:.00 As used in this chapter, unless the context otherwise requires, explosive means any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to U.S.C. et seq. - *SB_R*
5 Sec.. NRS.00 is hereby amended to read as follows:.00 If the provisions of chapter 0 of Title of the United States Code do not apply to an activity, substance or item pursuant to U.S.C. (a), [this chapter does] the provisions of NRS.00 to.00, inclusive, do not apply to the activity, substance or item. H - *SB_R*
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