[NvHam] More Regarding AB-441

Wed, 28 May 2003 12:23:38 -0700

OK, here is the detailed information on AB-441.  The entire bill can be 
read at http://www.leg.state.nv.us/72nd/bills/AB/AB441_R2.pdf

As currently proposed,  AB441 Section 21 reads:

1. A document, record or other item of information described in subsection 
2 that is prepared and maintained for the purpose of preventing or 
responding to an act of terrorism is confidential, not subject to subpoena 
or discovery and not subject to inspection by the general public if the 
Governor determines, by executive order, that the disclosure or release of 
the document, record or other item of information would thereby create a 
substantial likelihood of compromising, jeopardizing or otherwise 
threatening the public health, safety or welfare.

2. The types of documents, records or other items of information subject to 
executive order pursuant to subsection 1 are as follows:

[Paragraphs a, b, c, d and e omitted]

(f) DOCUMENTS, RECORDS OR OTHER ITEMS OF INFORMATION THAT REVEAL 
FREQUENCIES FOR RADIO TRANSMISSIONS USED BY RESPONSE AGENCIES.

3. If a person knowingly and unlawfully discloses a document, record or 
other item of information subject to an executive order issued pursuant to 
subsection 1 or assists, solicits or conspires with another person to 
disclose such a document, record or other item of information, the person 
is guilty of:

(a) A gross misdemeanor; or
(b) A category C felony [...with terrorist intent...]

......................

The problem with Paragraph (f) is that not only are such frequency lists 
already in the public domain and published by the FCC and a multitude of 
other vendors, but they could easily include amateur radio repeaters.  For 
example, the 147.270 MHz Carson Valley repeater is written into the Douglas 
County Emergency Response Plan as filed with Nevada DEM.  If that were to 
be determined to be an "item of information" under Sec. 21, Sub-sec. 3, the 
maintaining, publishing or possession of any repeater directory containing 
that information would be against the law.

The ideal solution would be to remove paragraph (f) entirely.  If that 
can't be done, then an explicit exclusion should be made to not restrict 
the availability and use of information derived from Federal sources and 
*all* information pertaining to amateur radio operations as defined by 47 
C.F.R. Part 97, regardless of source.

You can make your opinion known to the State Legislature at 
http://www.leg.state.nv.us/72nd/opinions2003/index.cfm and specify 
AB441.  Indicate you are "Against" the bill and under Comments, write 
"Remove Section 21.2 paragraph (f) to protect amateur radio."

Also telephone or send an e-mail to your State Senator.  You can find their 
address at http://www.leg.state.nv.us/72nd/Legislators/Senators/slist.cfm

Also telephone or send an e-mail to members of the State Finance 
Committee.  You can find their addresses at 
http://www.leg.state.nv.us/72nd/Committees/S_Committees/FIN.cfm and their 
individual e-mail addresses are:

William Raggio <[email protected]>
Raymond Rawson <[email protected]>
Dean Rhoades <[email protected]>
Barbara Cegavske <[email protected]>
Sandra Tiffany <[email protected]>
Bob Coffin <[email protected]>
Bernice Mathews <[email protected]>

Again, we need to respectfully ask that AB-441 Section 21.2 paragraph (f) 
be removed to protect the interests of amateur radio.

73, Dick
--
Dick Flanagan W6OLD NV SM
E-mail: [email protected]