AB 321 — Makes various changes relating to public safety. (BDR 52-753)

A person shall not sell, offer for sale or distribute a foil balloon that is filled with a gas that is lighter than air in this State unless:

Except as otherwise provided in this section, a person shall not sell, offer to sell or manufacture a foil balloon in this State after the commencement date unless the foil balloon meets the requirements set forth in this section.

Except as otherwise provided in this section, any foil balloon sold, offered for sale or manufactured in this State after the commencement date must be tested in accordance with, and meet the performance standards set forth in, a standard for the testing and evaluation of the dielectric performance of foil balloons adopted by the Commission pursuant to section 9 of this act.

Except as otherwise provided in subsections 4 and 5, a person who sells, offers for sale or manufactures foil balloons in this State after the commencement date shall ensure that:

(a) Not less than 25 percent of the foil balloons sold, offered of this section on or before June 30, 2027.ly with the provisions (b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2027.2028.

(b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2028.

- *AB321_R1* – 5 – (d) One hundred percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2030.

and - 82nd Session (2023) – 5 – (b) Is outside of the control of the person who sells, offers to sell or manufactures a foil balloon in this State.

5.the period must be:

If a period of tolling is required pursuant to subsection 4, the(a) periodTwenty mustfour be:months;

(a)or Twenty(b) fourUntil months;the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved,  whichever occurs later.

or (b) Until the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved,  whichever occurs first.

and (c) After any materially substantive adjustments, if any, to the interimintSec. version, published a final version of the P2845 Standard.

Sec.

1.1.n, puA person who sells, offers for sale ortandard.

A person who sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act is subject to a civil penalty not to exceed $50 for each such foil balloon sold, offered for sale or manufactured, except that the penalty against the person must not exceed $2,500 for each day on which a violation occurs.

recovered2. in a civil action brought by the Attorney General or by - *AB321_R1* – 6 – the district attorney or city attorney for the jurisdiction in which the violation occurred.

A civil penalty imposed pursuant to subsection 1 must be recovered in a civil action brought by the Attorney General or by the district attorney or city attorney for the jurisdiction in which the violation occurred.

- 82nd Session (2023) – 6 – (b) If multiple violations occurred, the number of violations;

The Attorney General or the district attorney or city attorney of a county or city, as applicable, in which a person sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act may bring an action to enjoin thetheSec. violation.

Sec.10.3..

10.3.

county jail;jailer,jail; guard or other correctional officer of a city or - *AB321_R1* – 7 – (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

jailer, guard or other correctional officer of a city or (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

- 82nd Session (2023) – 7 – (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

or (10) A civilian employee or volunteer of this State or a politicalemployee subdivisionor ofvolunteer thisto:this State whose official duties require the employee(I) orInteract volunteerwith to:the public;

(I) Interact with the public;

(d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a studenttrainee, nurse, a certifiedmedication nursingaide assistant,- certified, a nursingdentist, assistanta dental student, a dental hygienist, a dental hygienist student, a pharmacist, atudent, a - *AB321_R1* – 8 – pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.

- 82nd Session (2023) – 8 – (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

(k) “Utility worker” means an employee or contractor of a public utility as defined in NRS 704.020.704.020 whose official duties require the employee to:

(1) Interact with the public;

(2) Perform tasks related to the operation of the public utilit(3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.

(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator or a utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator , a utility worker or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less - *AB321_R1* – 9 – than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

- 82nd Session (2023) – 9 – (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator or a utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator , a utility worker or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

200.481 1.

As used in this section:

(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge,judge,f magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;

(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

- *AB321_R1* – 10 – (I) Interact with the public;

and - 82nd Session (2023) – 10 – (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

(j)(k) “Taxicab”“Taxicab hasdriver” themeans meaninga ascribedperson towho itoperates ina NRStaxicab.6. 706.8816.

(k) “Taxicab driver” means a person who operates a taxicab.

(m) “Utility worker” means an employee or contractor of a public utility as defined in NRS 704.020.704.020 whose official duties require the employee to:

2.(1) Interact with the public;

(2) Perform tasks related to the operation of the public utility;

and (3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.

- 82nd Session (2023) – 11 – 2.

- *AB321_R1* – 11 – (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

(1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver , [or] transit operator or utility worker who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;event;(2) The officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official suffers substantial bodily harm or the battery is committed by strangulation;

(2) The officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official suffers substantial bodily harm or the battery is committed by strangulation;

(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver , [or] transit operator or utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

- 82nd Session (2023) – 12 – (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not lessbyless - *AB321_R1* – 12 – than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the State, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricityele(b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to another;or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;

(b)(c) ConnectingAltering, adisconnecting, pipe,removing, tube,injuring flume, conduit, wire or otherpreventing instrumentthe oraction applianceof with any pipe,headgate, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatusinstrument belongingused to ormeasure used by any water, irrigation, gas, electric or power- company82nd orSession corporation,(2023) or– belonging13 to– orregister usedthe byquantity anyof other person in such a manner as to take therefrom water, gas, electricity or power forused any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;

(c)or Altering,(d) disconnecting,Injuring removing, injuring or preventinginterfering with the actionefficiency of any headgate,meter, meterpipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other instrumentattachment usedor toapparatus measurebelonging to or registerused theby quantityany of water, irrigation, gas, electricityelectric or power usedcompany or supplied;corporation.

or conduit, flume, wire, pole, line, lamp, fixture, hydrant or otherpipe, - *AB321_R1* – 13 – attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.

(a) Five hundred dollars or more, a person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

In addition to any otherothershall penalty, the court shall order the person to pay restitution.

704.805damages 1.against any person who [willfully] :ing a civil action for (a) Willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:

Any public utility may bring a civil action for damages against any person who [willfully] :

(a) Willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:

or - 82nd Session (2023) – 14 – [(c)] (3) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied [,] ;

or (b) Violates subsection 2 of NRS 704.800,  and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the - *AB321_R1* – 14 – public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorney’satt2. fees.

2.

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