Dear Mr. Johansen,
Did you ever reply to the questions you were asked by our Senators during the 2011 session/SB177 hearing?
(See below highlights of the Committee meeting minutes.)
If not, why not? If
so, then pursuant to NRS 239, please provide me with your replies to our
Senators, per the Senate Committee Chair's instruction to you.
Regards,
Lily Gonzalez
How many non-helmeted riders were in off-road accidents?
MR. JOHANSEN:
Information was not for trauma data. For fatality and injury data, all were for public roadways.
SENATOR HALSETH:
Of the statistics you do have, can you tell me the percentage of off-road accidents?
MR. JOHANSEN:
I cannot. We might be able to obtain that data from the trauma centers. In the federal data, if the injury or fatality did not occur on a publically maintained roadway, it is not counted.
SENATOR LEE:
I have always been concerned with compliance to the helmet law. Some of the helmets are eggshell thin, and others are huge and bulky. Does Nevada have any laws that say a helmet has to be of a DOT rating? If it is a little covering on your head with a spike on the top, then how do we regulate the safety of the helmet?
MR. JOHANSEN:
I am not the best person to answer your question. I do know it is an ongoing problem, and one of the reasons I am reserved on the bill. There are about three or four different standards, testing criteria, listings or regulations from the federal government that can be used by inference with the laws of many states. We would reference the federal standards as opposed to establishing our own testing, which is extraordinarily expensive. There are new, standardized tests helmets must pass to meet certain criteria.
SENATOR LEE:
Are you saying it is basically officer discretion as to what is a safe helmet?
MR. JOHANSEN:
I am not sure what individual law enforcement agencies would say is the standard. Different states use different standards. I am on the behavioral side, but I can look to see what we use on the enforcement side.
CHAIR BREEDEN:
Please provide that information to the Committee.
NRS 239.010 Public books and public
records open to inspection; confidential information in public books and
records; copyrighted books and records; copies to be provided in medium
requested.
1. Except as otherwise provided in
subsection 3, all public books and public records of a governmental entity, the
contents of which are not otherwise declared by law to be confidential, must be
open at all times during office hours to inspection by any person, and may be
fully copied or an abstract or memorandum may be prepared from those public
books and public records. Any such copies, abstracts or memoranda may be used
to supply the general public with copies, abstracts or memoranda of the records
or may be used in any other way to the advantage of the governmental entity or
of the general public. This section does not supersede or in any manner affect
the federal laws governing copyrights or enlarge, diminish or affect in any
other manner the rights of a person in any written book or record which is
copyrighted pursuant to federal law.
2. A governmental entity may not
reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has
legal custody or control of a public book or record shall not deny a request
made pursuant to subsection 1 to inspect or copy a public book or record on the
basis that the requested public book or record contains information that is
confidential if the governmental entity can redact, delete, conceal or separate
the confidential information from the information included in the public book
or record that is not otherwise confidential.
4. A person may request a copy of a
public record in any medium in which the public record is readily available. An
officer, employee or agent of a governmental entity who has legal custody or
control of a public record shall not refuse to provide a copy of that public
record in a readily available medium because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different medium.
[1:149:1911; RL § 3232; NCL § 5620]—(NRS A 1963, 26; 1965, 69; 1993, 1230,
2307, 2623; 1995, 503, 716; 1997, 2386; 1999, 1210; 2007, 2062)
NRS 239.0107 Requests for inspection or
copying of public books or records: Actions by governmental entities.
1. Not later than the end of the
fifth business day after the date on which the person who has legal custody or
control of a public book or record of a governmental entity receives a written
request from a person to inspect or copy the public book or record, a
governmental entity shall do one of the following, as applicable:
(a) Allow the person to inspect or copy
the public book or record.
(b) If the governmental entity does not
have legal custody or control of the public book or record, provide to the
person, in writing:
(1)
Notice of that fact; and
(2)
The name and address of the governmental entity that has legal custody or
control of the public book or record, if known.
(c) Except as otherwise provided in
paragraph (d), if the governmental entity is unable to make the public book or
record available by the end of the fifth business day after the date on which
the person who has legal custody or control of the public book or record
received the request, provide to the person, in writing:
(1)
Notice of that fact; and
(2) A
date and time after which the public book or record will be available for the
person to inspect or copy. If the public book or record is not available to the
person to inspect or copy by that date and time, the person may inquire
regarding the status of the request.
(d) If the governmental entity must deny
the person’s request to inspect or copy the public book or record because the public
book or record, or a part thereof, is confidential, provide to the person, in
writing:
(1)
Notice of that fact; and
(2) A
citation to the specific statute or other legal authority that makes the public
book or record, or a part thereof, confidential.
2. The provisions of this section
must not be construed to prohibit an oral request to inspect or copy a public
book or record.
(Added
to NRS by 2007, 2061)
NRS 239.320 Injury to, concealment or
falsification of records or papers by public officer. An officer who mutilates, destroys,
conceals, erases, obliterates or falsifies any record or paper appertaining to
his or her office, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[Part
1911 C&P § 80; RL § 6345; NCL § 10029]—(NRS A 1979, 1463; 1995, 1264)
NRS 239.330 Offering false instrument for
filing or record. A person who knowingly procures or offers any false or forged
instrument to be filed, registered or recorded in any public office, which
instrument, if genuine, might be filed, registered or recorded in a public
office under any law of this State or of the United States, is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
[1911
C&P § 83; RL § 6348; NCL § 10032]—(NRS A 1967, 533; 1995, 1264)
