Legislature seeks some control in emergencies

By Cy Ryan
<cy@lasvegassun.com>
SUN CAPITAL BUREAU

CARSON CITY -- In the event of a major emergency, such as an anthrax attack or hazardous material disaster, the Legislature wants to be involved in the subsequent decision-making process.

Toward that end, the Legislative Committee on Health Care Tuesday continued writing a bill known as the "Model State Emergency Health Powers Act."

Sen. Ray Rawson, R-Las Vegas, chairman of the committee, said the governor already has many powers to deal with emergencies. The bill will put in safeguards against a governor going overboard, he said.

The committee is still taking suggestions and testimony from the public on the proposed act, to be presented to the 2003 Legislature.

Committee members inserted a section that would allow the Legislature to veto any decision by the governor to declare a state of emergency. And if the sides were at loggerheads the Nevada Supreme Court would decide the issue in 24 hours.

During a public health emergency, a person would have the final say if he did not want to be vaccinated because of religious or personal beliefs, according to a new version of the bill unveiled Tuesday.

Janine Hansen, president of the conservative group Nevada Eagle Forum, praised the committee for making several changes that take into account the rights of citizens during an emergency.

But she said she did not approve of the state sharing information with the federal government.

"There is no limit what the federal government can do," said Hansen, who suggested the data would be released to pharmaceutical companies for solicitations.

She said she was worried the information would be used to deny a person employment or insurance.

Rawson assured her the bill was still a "work in progress." The committee, he said, is "putting realistic limitations and protections in place."

The present draft of the legislation calls for a District Court judge to give approval before property is destroyed in a public health safety emergency.

It also says that if a person voluntarily goes into isolation or quarantine, the state is not required to comply with due process protections, such as hearings.

Many of the laws on dealing with major emergencies have been in effect since 1981.