Assembly Bill No. 626–Committee on Government Affairs

(On Behalf of Department of Motor Vehicles
and Public Safety)

March 19, 1999

____________

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions relating to emergency management. (BDR 36-755)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to emergency management; expanding the authority of the division of emergency management of the department of motor vehicles and public safety, the governor and local organizations of emergency management to respond to emergencies and disasters; authorizing the governor and the legislature to declare disasters; revising the composition of the board of search and rescue; requiring the coordinator of search and rescue to be an employee of the division of emergency management; expanding the membership of the committee on training in search and rescue; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 414 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "Disaster" means an occurrence or threatened occurrence

1-4 for which, in the determination of the governor, the assistance of the

1-5 Federal Government is needed to supplement the efforts and capabilities

1-6 of state agencies to save lives, protect property and protect the health and

1-7 safety of persons in this state, or to avert the threat of damage to property

1-8 or injury to or the death of persons in this state.

1-9 Sec. 3. "Emergency" means an occurrence or threatened

1-10 occurrence for which, in the determination of the governor, the

1-11 assistance of state agencies is needed to supplement the efforts and

2-1 capabilities of political subdivisions to save lives, protect property and

2-2 protect the health and safety of persons in this state, or to avert the threat

2-3 of damage to property or injury to or the death of persons in this state.

2-4 Sec. 4. NRS 414.020 is hereby amended to read as follows:

2-5 414.020 1. Because of the existing and increasing possibility of the

2-6 occurrence of emergencies or disasters of unprecedented size and

2-7 destructiveness resulting from enemy attack, sabotage or other hostile

2-8 action, [or] from a fire, flood, earthquake, storm, or other natural causes,

2-9 or from technological or man-made catastrophes, and in order to ensure

2-10 that the preparations of this state will be adequate to deal with such

2-11 emergencies or disasters, and generally to provide for the common defense

2-12 and to protect the public [peace, health, and safety,] welfare, and to

2-13 preserve the lives and property of the people of the state, it is hereby found

2-14 and declared to be necessary:

2-15 (a) To create a state agency for emergency management and to

2-16 authorize the creation of local organizations for emergency management in

2-17 the political subdivisions of the state.

2-18 (b) To confer upon the governor and upon the executive heads or

2-19 governing bodies of the political subdivisions of the state the emergency

2-20 powers provided in this chapter.

2-21 (c) To [provide for] assist with the rendering of mutual aid among the

2-22 political subdivisions of the state and with other states and to cooperate

2-23 with the Federal Government with respect to [the] carrying out [of] the

2-24 functions of emergency management.

2-25 2. It is further declared to be the purpose of this chapter and the policy

2-26 of the state that all functions of emergency management in this state be

2-27 coordinated to the maximum extent with the comparable functions of the

2-28 Federal Government , including its various departments and agencies, of

2-29 other states and localities [,] and of private agencies of every type, [to the

2-30 end that] providing for the most effective preparation and use [may be

2-31 made] of the nation’s man power, resources and facilities for dealing with

2-32 any emergency or disaster that may occur.

2-33 Sec. 5. NRS 414.035 is hereby amended to read as follows:

2-34 414.035 "Emergency management" means the preparation for and the

2-35 carrying out of all emergency functions, other than functions for which

2-36 military forces are primarily responsible, to [prevent,] minimize injury and

2-37 repair [injury and] damage resulting from emergencies or disasters caused

2-38 by enemy attack, sabotage or other hostile action, [or] by fire, flood,

2-39 earthquake , storm, or other natural causes [.] , or by technological or

2-40 man-made catastrophes. These functions include [fire fighting, police

2-41 services, medical and health services, searches, rescues, engineering, air

2-42 raid warning services, communications, radiological, chemical and other

2-43 special weapons of defense, evacuation of persons from stricken areas,

3-1 emergency welfare services (civilian war aid), emergency transportation,

3-2 existing or properly assigned functions of plant protection, temporary

3-3 restoration of public utility services, and other functions related to civilian

3-4 protection, together with all other activities necessary or incidental to the

3-5 preparation for and carrying out of the foregoing functions.] , without

3-6 limitation:

3-7 1. The provision of support for search and rescue operations for

3-8 persons and property in distress.

3-9 2. Organized analysis, planning and coordination of available

3-10 resources for the mitigation of, preparation for, response to or recovery

3-11 from emergencies or disasters.

3-12 Sec. 6. NRS 414.040 is hereby amended to read as follows:

3-13 414.040 1. A division of emergency management is hereby created

3-14 within the department of motor vehicles and public safety. The chief of the

3-15 division is appointed by and holds office at the pleasure of the director of

3-16 the department of motor vehicles and public safety. The division is the

3-17 state agency for emergency management and the state agency for civil

3-18 defense [and the] for the purposes of the compact ratified by the

3-19 legislature pursuant to NRS 415.010. The chief is the state’s director of

3-20 [civil defense.] emergency management and the state’s director of civil

3-21 defense for the purposes of that compact.

3-22 2. The chief may employ technical, clerical, stenographic and other

3-23 personnel as may be required, and may make such expenditures therefor

3-24 and for other expenses of his office within the appropriation therefor, or

3-25 from other money made available to him for purposes of emergency

3-26 management, as may be necessary to carry out the purposes of this chapter.

3-27 3. The chief, subject to the direction and control of the director, shall

3-28 carry out the program for emergency management in this state. He shall

3-29 coordinate the activities of all organizations for emergency management

3-30 within the state, maintain liaison with and cooperate with agencies and

3-31 organizations of other states and of the Federal Government for emergency

3-32 management and carry out such additional duties as may be prescribed by

3-33 the director.

3-34 4. To facilitate the development of a comprehensive, coordinated

3-35 approach to emergency management, the chief may develop an integrated

3-36 process, using the partnership of governmental entities, business and

3-37 industry and other interested persons, for the mitigation of, preparation for,

3-38 response to and recovery from emergencies [.] or disasters. In developing

3-39 this process, he may suggest activities designed to:

3-40 (a) Eliminate or reduce the probability that an emergency will occur or

3-41 to reduce the effects of unavoidable disasters;

4-1 (b) Prepare state and local governmental agencies, private organizations

4-2 and other persons to be capable of responding appropriately if an

4-3 emergency or disaster occurs by fostering the adoption of plans for

4-4 emergency operations, [the training of] conducting exercises to test those

4-5 plans, training necessary personnel and [the acquisition of] acquiring

4-6 necessary resources;

4-7 (c) Provide assistance to victims, prevent further injury or damage to

4-8 persons or property and increase the effectiveness of recovery operations;

4-9 and

4-10 (d) Restore the operation of vital community life-support systems and

4-11 return persons and property affected by an emergency or disaster to a

4-12 condition that is comparable to or better than what existed before the

4-13 emergency or disaster occurred.

4-14 Sec. 7. NRS 414.060 is hereby amended to read as follows:

4-15 414.060 1. The governor is responsible for [the] carrying out [of] the

4-16 provisions of this chapter, and in the event of an emergency or disaster

4-17 beyond local control , may assume direct operational control over all or

4-18 any part of the functions of emergency management within this state.

4-19 2. In performing his duties under this chapter, the governor may

4-20 cooperate with the Federal Government, with other states, and with private

4-21 agencies in all matters pertaining to emergency management in this state

4-22 and the nation.

4-23 3. In performing his duties under this chapter and to effect its policy

4-24 and purpose, the governor may:

4-25 (a) Make, amend and rescind the necessary orders and regulations to

4-26 carry out the provisions of this chapter within the limits of the authority

4-27 conferred upon him in this chapter, with due consideration of the plans [of]

4-28 provided by the Federal Government.

4-29 (b) Prepare a comprehensive state emergency management plan and

4-30 develop a program for emergency management in this state to be

4-31 integrated into and coordinated with the plans of the Federal Government

4-32 and of other states for emergency management to the fullest possible

4-33 extent, and coordinate the preparation of plans and programs for

4-34 emergency management by the political subdivisions of this state to be

4-35 integrated into and coordinated with the plan and program of this state to

4-36 the fullest possible extent.

4-37 (c) In accordance with the plan and program for the emergency

4-38 management in this state, procure supplies and equipment, institute

4-39 planning, training and exercise programs [and] , carry out public

4-40 information programs, and take all other preparatory steps, including the

4-41 partial or full mobilization of organizations for emergency management in

4-42 advance of an actual emergency or disaster, to ensure the [furnishing]

4-43 availability of adequately trained and equipped forces in time of need.

5-1 (d) Make such studies and surveys of [the] industries, resources and

5-2 facilities in this state as may be necessary to ascertain the capabilities of

5-3 the state for emergency management and plan for the most efficient

5-4 [emergency] use thereof.

5-5 (e) On behalf of this state, enter into mutual aid [arrangements]

5-6 agreements with other states and coordinate mutual aid plans between

5-7 political subdivisions of this state.

5-8 (f) Delegate any administrative authority vested in him under this

5-9 chapter, and provide for the subdelegation of any such authority.

5-10 (g) Cooperate with the President of the United States and the heads of

5-11 the Armed Forces, the agency of the United States for emergency

5-12 management and other appropriate federal officers and agencies, and with

5-13 the officers and agencies of other states in matters pertaining to emergency

5-14 management in the state and nation, including the direction or control of:

5-15 (1) [Black outs and practice black outs, air raid drills, mobilization

5-16 of] Mobilizing forces for emergency management and other tests and

5-17 exercises.

5-18 (2) [Warnings and signals for drills or attacks and the mechanical]

5-19 Mechanical devices to be used in connection [therewith.] with warnings

5-20 and signals for emergencies or disasters.

5-21 (3) The effective screening or extinguishing of all lights and lighting

5-22 devices and appliances.

5-23 (4) [Shutting off water mains, gas mains, electric power connections

5-24 and the suspension of all other utility services.] Coordinating the efforts of

5-25 all public utilities in terminating and restoring service to the general

5-26 public during an emergency or disaster.

5-27 (5) The conduct of [civilians] the general public and the movement

5-28 and cessation of movement of pedestrians and vehicular traffic during,

5-29 before and after [drills or attack.] exercises or an emergency or disaster.

5-30 (6) Public meetings or gatherings.

5-31 (7) The evacuation and reception of the [civilian population.] general

5-32 public during an attack or an emergency or disaster.

5-33 Sec. 8. NRS 414.070 is hereby amended to read as follows:

5-34 414.070 The provisions of this section are operative only during the

5-35 existence of a state of emergency [.] or declaration of disaster. The

5-36 existence of such an emergency or disaster may be proclaimed by the

5-37 governor or by resolution of the legislature if the governor in his

5-38 proclamation, or the legislature in its resolution, finds that an attack upon

5-39 the United States has occurred or is anticipated in the immediate future, or

5-40 that a natural , technological or man-made emergency or disaster of major

5-41 proportions has actually occurred within this state, and that the safety and

5-42 welfare of the inhabitants of this state require an invocation of the

5-43 provisions of this section. Any such emergency [,] or disaster, whether

6-1 proclaimed by the governor or by the legislature, terminates upon the

6-2 proclamation of the termination thereof by the governor, or the passage by

6-3 the legislature of a resolution terminating the emergency [.] or disaster.

6-4 During the period when [the] a state of emergency or declaration of

6-5 disaster exists or continues, the governor may exercise the following

6-6 additional [emergency] powers:

6-7 1. To enforce all laws and regulations relating to emergency

6-8 management and to assume direct operational control of any or all forces

6-9 [and helpers] , including, without limitation, volunteers and auxiliary

6-10 staff for emergency management in the state.

6-11 2. To sell, lend, lease, give, transfer or deliver materials or perform

6-12 services for the purpose of emergency management on such terms and

6-13 conditions as the governor prescribes and without regard to the limitations

6-14 of any existing law, and to account to the state treasurer for any funds

6-15 received for such property.

6-16 3. To procure, by purchase, condemnation, seizure or other means,

6-17 construct, lease, transport, store, maintain, renovate or distribute materials

6-18 and facilities for emergency management without regard to the limitations

6-19 of any existing law. He shall make compensation for the property so

6-20 seized, taken or condemned on the following basis:

6-21 (a) [In case] If property is taken for temporary use, the governor, within

6-22 90 days [of] after the taking, shall fix the amount of compensation to be

6-23 paid therefor. If the property is returned to the owner in a damaged

6-24 condition, or is not returned to the owner, the governor shall fix within 90

6-25 days the amount of compensation to be paid for the damage or failure to

6-26 return [.] the property. Whenever the governor deems it advisable for the

6-27 state to take title to property taken under this section, he shall forthwith

6-28 cause the owner of such property to be notified thereof in writing by

6-29 registered or certified mail, postage prepaid, or by the best means

6-30 available, and forthwith cause to be filed a copy of the notice with the

6-31 secretary of state.

6-32 (b) Within the 90-day period prescribed in paragraph (a) , the governor

6-33 shall make an offer in writing to the person or persons entitled to receive it

6-34 of the amount of money proposed to be paid as full compensation. If the

6-35 offer is accepted , [then] the money must be paid out of such fund, funds or

6-36 [such] other sources as are available and no further action either in law or

6-37 in equity may ever be maintained in connection therewith. If [such] the

6-38 offer of payment is refused , [then] the person or persons entitled thereto

6-39 have the same rights as plaintiffs in actions of eminent domain insofar as

6-40 the fixing of damages and compensation is concerned, NRS 37.060,

6-41 37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings

7-1 must be had in conformity therewith so far as possible. Such action must

7-2 be commenced within 1 year after the receipt of the offer of settlement

7-3 from the governor.

7-4 4. To provide for and compel the evacuation of all or part of the

7-5 population from any stricken or threatened area or areas within the state

7-6 and to take such steps as are necessary for the receipt and care of those

7-7 persons.

7-8 5. Subject to the provisions of the state constitution, to remove from

7-9 office any public officer having administrative responsibilities under this

7-10 chapter for willful failure to obey an order or regulation adopted pursuant

7-11 to this chapter. Such removal must be upon charges after service upon the

7-12 officer of a copy of the charges and after giving him an opportunity to be

7-13 heard in his defense. Pending the preparation and disposition of charges,

7-14 the governor may suspend the officer for a period not exceeding 30 days.

7-15 A vacancy resulting from removal or suspension pursuant to this section

7-16 must be filled as provided by law.

7-17 6. To perform and exercise such other functions, powers and duties as

7-18 are necessary to promote and secure the safety and protection of the

7-19 civilian population.

7-20 Sec. 9. NRS 414.090 is hereby amended to read as follows:

7-21 414.090 1. Each political subdivision of this state may establish a

7-22 local organization for emergency management in accordance with the

7-23 [state’s] state emergency management plan and program for emergency

7-24 management. Such a political subdivision may confer or authorize the

7-25 conferring upon members of the auxiliary police the powers of police

7-26 officers, subject to such restrictions as it imposes. Each local organization

7-27 for emergency management must have a director who must be appointed

7-28 by the executive officer or governing body of the political subdivision, and

7-29 who has direct responsibility for the organization, administration and

7-30 operation of the local organization for emergency management subject to

7-31 the direction and control of the executive officer or governing body. Each

7-32 local organization for emergency management shall perform functions of

7-33 emergency management within the territorial limits of the political

7-34 subdivision within which it is organized, and, in addition, shall conduct

7-35 such functions outside of such territorial limits as may be required pursuant

7-36 to the provisions of NRS 414.100.

7-37 2. In carrying out the provisions of this chapter , each political

7-38 subdivision in which any emergency or disaster described in NRS 414.020

7-39 occurs may enter into contracts and incur obligations necessary to combat

7-40 such [a disaster, protecting] an emergency or disaster, protect the health

7-41 and safety of persons and property [, and providing] and provide

7-42 emergency assistance to the victims of such [a] an emergency or disaster.

7-43 Each political subdivision may exercise the powers vested under this

8-1 section in the light of the exigencies of the extreme emergency [situation]

8-2 or disaster without regard to time-consuming procedures and formalities

8-3 prescribed by law, except constitutional requirements, pertaining to the

8-4 performance of public work, entering into contracts, the incurring of

8-5 obligations, the employment of temporary workers, the rental of

8-6 equipment, the purchase of supplies and materials, the levying of taxes,

8-7 and the appropriation and expenditure of public funds.

8-8 Sec. 10. NRS 414.100 is hereby amended to read as follows:

8-9 414.100 The director of each local organization for emergency

8-10 management may, in collaboration with other public and private agencies

8-11 within this state, develop or cause to be developed [arrangements]

8-12 agreements for reciprocal aid and assistance in case of an emergency or

8-13 disaster [too great to be dealt with unassisted. Such arrangements] for

8-14 which the local organization requires such assistance. Such agreements

8-15 must be consistent with the state’s [plan and program for] emergency

8-16 management plan and program for emergency management, and in time

8-17 of emergency or disaster each local organization for emergency

8-18 management shall render assistance in accordance with the provisions of

8-19 such [arrangements.] agreements.

8-20 Sec. 11. NRS 414.110 is hereby amended to read as follows:

8-21 414.110 1. All functions under this chapter and all other activities

8-22 relating to emergency management are hereby declared to be governmental

8-23 functions. Neither the state nor any political subdivision thereof nor other

8-24 agencies of the state or political subdivision thereof, nor except in cases of

8-25 willful misconduct, gross negligence, or bad faith, any worker complying

8-26 with or reasonably attempting to comply with this chapter, or any order or

8-27 regulation [promulgated] adopted pursuant to the provisions of this

8-28 chapter, or pursuant to any ordinance relating to [black out] any necessary

8-29 emergency procedures or other precautionary measures enacted by any

8-30 political subdivision of the state, is liable for the death of or injury to

8-31 persons, or for damage to property, as a result of any such activity. The

8-32 provisions of this section do not affect the right of any person to receive

8-33 benefits to which he would otherwise be entitled under this chapter, or

8-34 under the provisions of chapters 616A to 616D, inclusive, of NRS, or

8-35 under any pension law, nor the right of any such person to receive any

8-36 benefits or compensation under any Act of Congress.

8-37 2. Any requirement for a license to practice any professional,

8-38 mechanical or other skill does not apply to any authorized worker who, in

8-39 the course of performing his duties as such, practices that professional,

8-40 mechanical or other skill during an emergency [.] or disaster.

8-41 3. As used in this section, [the term] "worker" includes , without

8-42 limitation, any full-time or part-time paid, volunteer or auxiliary employee

8-43 of this state, of any political subdivision thereof, of other states, territories,

9-1 possessions or the District of Columbia, of the Federal Government, of any

9-2 neighboring country, or of any political subdivision thereof, or of any

9-3 agency or organization, performing services for emergency management at

9-4 any place in this state subject to the order or control of, or pursuant to a

9-5 request of, the state government or any political subdivision thereof.

9-6 Sec. 12. NRS 414.120 is hereby amended to read as follows:

9-7 414.120 Any person owning or controlling real property or other

9-8 premises who voluntarily and without compensation grants a license or

9-9 privilege, or otherwise permits the designation or use of the whole or any

9-10 part or parts of such real property or premises [for the purpose of

9-11 sheltering] to shelter persons during an actual, impending, mock or

9-12 practice attack [shall, together with] , or during an emergency, or disaster

9-13 as described in NRS 414.020, and his successors in interest, if any, are not

9-14 [be] civilly liable for negligently causing the death of, or injury to, any

9-15 person on or about such real property or premises, or for loss of, or

9-16 damage to, the property of such a person.

9-17 Sec. 13. NRS 414.135 is hereby amended to read as follows:

9-18 414.135 1. There is hereby created the emergency assistance account

9-19 within the disaster relief fund created pursuant to NRS 353.2735.

9-20 Beginning with the fiscal year that begins on July 1, 1999, the state

9-21 controller shall, at the end of each fiscal year, transfer the interest earned

9-22 during the previous fiscal year on the money in the disaster relief fund to

9-23 the account in an amount not to exceed $500,000.

9-24 2. The state emergency response commission shall administer the

9-25 account. The commission may adopt regulations authorized by this section

9-26 before, on or after July 1, 1999.

9-27 3. All expenditures from the account must be approved in advance by

9-28 the commission. Except as otherwise provided in subsection 4, all money

9-29 in the account must be expended solely to:

9-30 (a) Provide supplemental emergency assistance to this state or to local

9-31 governments in this state that are severely and adversely affected by a

9-32 natural , [or] technological or man-made emergency or disaster for which

9-33 available resources of this state or the local government are inadequate to

9-34 provide a satisfactory remedy; and

9-35 (b) Pay any actual expenses incurred by the commission for

9-36 administration during a natural , [or] technological or man-made

9-37 emergency or disaster.

9-38 4. Beginning with the fiscal year that begins on July 1, 1999, if any

9-39 balance remains in the account at the end of a fiscal year and the balance

9-40 has not otherwise been committed for expenditure, the commission may,

9-41 with the approval of the interim finance committee, allocate all or any

9-42 portion of the remaining balance to this state or to a local government to:

10-1 (a) Purchase equipment or supplies required for emergency

10-2 management; and

10-3 (b) Provide training to personnel related to emergency management.

10-4 5. Beginning with the fiscal year that begins on July 1, 1999, the

10-5 commission shall, at the end of each quarter of a fiscal year, submit to the

10-6 interim finance committee a report of the expenditures made from the

10-7 account for the previous quarter.

10-8 6. The commission shall adopt such regulations as are necessary to

10-9 administer the account.

10-10 7. The commission may adopt regulations to provide for

10-11 reimbursement of expenditures made from the account. If the commission

10-12 requires such reimbursement, the attorney general shall take such action as

10-13 is necessary to recover the amount of any unpaid reimbursement plus

10-14 interest at a rate determined pursuant to NRS 17.130, computed from the

10-15 date on which the money was removed from the fund, upon request by the

10-16 commission.

10-17 Sec. 14. NRS 414.170 is hereby amended to read as follows:

10-18 414.170 1. The board of search and rescue, consisting of [eight] 10

10-19 members appointed by the chief, is hereby created. The chief shall appoint:

10-20 (a) [One member who is a representative of the Nevada highway patrol;

10-21 (b)] One member who is a representative of the Nevada Wing of the

10-22 Civil Air Patrol;

10-23 [(c)] (b) One member who is a representative of the Nevada National

10-24 Guard;

10-25 [(d) One member who is a representative of the sheriffs of Nevada;

10-26 (e)] (c) Four members who are representatives of the Nevada Sheriffs

10-27 and Chiefs Association or its legal successor;

10-28 (d) One member who is a representative of the [medical profession;

10-29 (f)] health division of the department of human resources and whose

10-30 primary responsibilities relate to the licensure and certification of

10-31 persons who provide emergency medical services;

10-32 (e) One member who is a representative of the division of forestry of

10-33 the state department of conservation and natural resources;

10-34 [(g)] (f) One member who is a representative of [organizations which

10-35 specialize in] a search and rescue [; and

10-36 (h)] organization of a law enforcement agency; and

10-37 (g) One member who is a representative of the Nevada Fire Chiefs’

10-38 Association or its legal successor. If the association ceases to exist and no

10-39 legal successor is formed, the chief shall appoint one member who is a fire

10-40 chief.

10-41 2. The term of office of each member of the board is 2 years.

11-1 Sec. 15. NRS 414.200 is hereby amended to read as follows:

11-2 414.200 The chief, with the advice of the board, shall appoint [a] an

11-3 employee of the division of emergency management of the department of

11-4 motor vehicles and public safety as coordinator of search and rescue.

11-5 Sec. 16. NRS 414.210 is hereby amended to read as follows:

11-6 414.210 The coordinator shall:

11-7 1. Identify, inventory and coordinate resources available for searches

11-8 and rescues;

11-9 2. Investigate and apply for grants and other financial assistance for

11-10 search and rescue;

11-11 3. Maintain statistics regarding searches and rescues;

11-12 4. Coordinate assistance during intrastate searches and rescues and

11-13 searches and rescues involving two or more counties;

11-14 5. Act as liaison with other states’ operations involving searches and

11-15 rescues;

11-16 6. Provide assistance, upon request, to sheriffs during searches and

11-17 rescues;

11-18 7. Prepare a plan for searches and rescues;

11-19 8. Establish and maintain a system of communication for use

11-20 throughout the state for operations relating to searches and rescues; and

11-21 9. Prepare and distribute publications relating to searches and rescues.

11-22 Sec. 17. NRS 414.220 is hereby amended to read as follows:

11-23 414.220 The committee on training in search and rescue, consisting of

11-24 [three] six members appointed by the coordinator with the advice of the

11-25 board, is hereby created.

11-26 Sec. 18. NRS 414.270 is hereby amended to read as follows:

11-27 414.270 A state disaster identification team is hereby established

11-28 within the division of emergency management of the department of motor

11-29 vehicles and public safety. The chief:

11-30 1. Shall assign persons with expertise in various fields to the state

11-31 disaster identification team; and

11-32 2. May activate such persons during a state of emergency or

11-33 declaration of disaster proclaimed pursuant to NRS 414.070 to perform

11-34 the duties of the state disaster identification team.

11-35 Sec. 19. NRS 414.280 is hereby amended to read as follows:

11-36 414.280 The state disaster identification team shall:

11-37 1. Provide technical assistance and personnel to local authorities to

11-38 recover, identify and process deceased victims during a state of emergency

11-39 [.] or declaration of disaster.

11-40 2. Within 2 hours after the notification of a state of emergency [,] or

11-41 declaration of disaster and at the request of the chief, begin to identify

11-42 and report to the chief the need for medical and health services to:

11-43 (a) Establish temporary facilities to be used as a morgue.

12-1 (b) Identify deceased victims by using, without limitation, latent

12-2 fingerprints and the forensic methods of dentistry, pathology and

12-3 anthropology.

12-4 (c) Process and dispose of the remains of deceased victims.

12-5 Sec. 20. NRS 414.290 is hereby amended to read as follows:

12-6 414.290 The state disaster identification team may, during a state of

12-7 emergency [,] or declaration of disaster, have access to:

12-8 1. The information that is contained in the central repository for

12-9 Nevada records of criminal history pursuant to NRS 179A.075.

12-10 2. The records of criminal history maintained by an agency of criminal

12-11 justice pursuant to NRS 179A.100.

12-12 3. The records of missing children maintained by the attorney general

12-13 pursuant to NRS 432.170.

12-14 4. The records and information concerning missing persons

12-15 maintained by the investigation division of the department of motor

12-16 vehicles and public safety pursuant to NRS 481.245.

12-17 Sec. 21. NRS 414.300 is hereby amended to read as follows:

12-18 414.300 The department of motor vehicles and public safety shall

12-19 adopt regulations to govern the state disaster identification team. The

12-20 regulations must include, without limitation:

12-21 1. Guidelines for the chief to:

12-22 (a) Assign persons to positions on the state disaster identification team;

12-23 and

12-24 (b) Determine which members of the state disaster identification team

12-25 may be activated during a state of emergency [.] or declaration of disaster.

12-26 2. Provisions governing the organization, administration and operation

12-27 of the state disaster identification team.

12-28 3. The compensation, if any, to be paid by the department to a member

12-29 of the state disaster identification team who is activated during a state of

12-30 emergency [.] or declaration of disaster.

12-31 Sec. 22. NRS 179A.075 is hereby amended to read as follows:

12-32 179A.075 1. The central repository for Nevada records of criminal

12-33 history is hereby created within the Nevada highway patrol division of the

12-34 department.

12-35 2. Each agency of criminal justice and any other agency dealing with

12-36 crime or delinquency of children shall:

12-37 (a) Collect and maintain records, reports and compilations of statistical

12-38 data required by the department; and

12-39 (b) Submit the information collected to the central repository in the

12-40 manner recommended by the advisory committee and approved by the

12-41 director of the department.

13-1 3. Each agency of criminal justice shall submit the information

13-2 relating to sexual offenses and other records of criminal history it collects,

13-3 and any information in its possession relating to the genetic markers of the

13-4 blood and the secretor status of the saliva of a person who is convicted of

13-5 sexual assault or any other sexual offense, to the division in the manner

13-6 prescribed by the director of the department. A report of disposition must

13-7 be submitted to the division:

13-8 (a) Through an electronic network;

13-9 (b) On a medium of magnetic storage; or

13-10 (c) In the manner prescribed by the director of the department,

13-11 within 30 days after the date of disposition. If an agency has submitted a

13-12 record regarding the arrest of a person who is later determined by the

13-13 agency not to be the person who committed the particular crime, the

13-14 agency shall, immediately upon making that determination, so notify the

13-15 division. The division shall delete all references in the central repository

13-16 relating to that particular arrest.

13-17 4. The division shall:

13-18 (a) Collect, maintain and arrange all information submitted to it relating

13-19 to:

13-20 (1) Sexual offenses and other records of criminal history; and

13-21 (2) The genetic markers of the blood and the secretor status of the

13-22 saliva of a person who is convicted of sexual assault or any other sexual

13-23 offense.

13-24 (b) Use a record of the subject’s fingerprints as the basis for any records

13-25 maintained regarding him.

13-26 (c) Upon request during a state of emergency or declaration of disaster

13-27 proclaimed pursuant to NRS 414.070, provide the information that is

13-28 contained in the central repository to the state disaster identification team

13-29 of the division of emergency management of the department of motor

13-30 vehicles and public safety.

13-31 5. The division may:

13-32 (a) Disseminate any information which is contained in the central

13-33 repository to any other agency of criminal justice;

13-34 (b) Enter into cooperative agreements with federal and state repositories

13-35 to facilitate exchanges of such information; and

13-36 (c) Request of and receive from the Federal Bureau of Investigation

13-37 information on the background and personal history of any person:

13-38 (1) Who has applied to any agency of the state or any political

13-39 subdivision for a license which it has the power to grant or deny;

13-40 (2) With whom any agency of the state or any political subdivision

13-41 intends to enter into a relationship of employment or a contract for

13-42 personal services;

14-1 (3) About whom any agency of the state or any political subdivision

14-2 has a legitimate need to have accurate personal information for the

14-3 protection of the agency or the persons within its jurisdiction; or

14-4 (4) For whom such information is required to be obtained pursuant to

14-5 NRS 449.179.

14-6 6. The central repository shall:

14-7 (a) Collect and maintain records, reports and compilations of statistical

14-8 data submitted by any agency pursuant to subsection 2.

14-9 (b) Tabulate and analyze all records, reports and compilations of

14-10 statistical data received pursuant to this section.

14-11 (c) Disseminate to federal agencies engaged in the collection of

14-12 statistical data relating to crime information which is contained in the

14-13 central repository.

14-14 (d) Investigate the criminal history of any person who:

14-15 (1) Has applied to the superintendent of public instruction for a

14-16 license;

14-17 (2) Has applied to a county school district for employment; or

14-18 (3) Is employed by a county school district,

14-19 and notify the superintendent of each county school district and the

14-20 superintendent of public instruction if the investigation of the central

14-21 repository indicates that the person has been convicted of a violation of

14-22 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

14-23 felony or any offense involving moral turpitude.

14-24 (e) Upon discovery, notify the superintendent of each county school

14-25 district by providing him with a list of all persons:

14-26 (1) Investigated pursuant to paragraph (d); or

14-27 (2) Employed by a county school district whose fingerprints were

14-28 sent previously to the central repository for investigation,

14-29 who the central repository’s records indicate have been convicted of a

14-30 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

14-31 convicted of a felony or any offense involving moral turpitude since the

14-32 central repository’s initial investigation. The superintendent of each county

14-33 school district shall determine whether further investigation or action by

14-34 the district is appropriate.

14-35 (f) Investigate the criminal history of each person who submits

14-36 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

14-37 449.179.

14-38 (g) On or before July 1 of each year, prepare and present to the

14-39 governor a printed annual report containing the statistical data relating to

14-40 crime received during the preceding calendar year. Additional reports may

14-41 be presented to the governor throughout the year regarding specific areas

14-42 of crime if they are recommended by the advisory committee and approved

14-43 by the director of the department.

15-1 (h) On or before January 31 of each odd-numbered year, prepare and

15-2 submit to the director of the legislative counsel bureau, for submission to

15-3 the legislature, a report containing statistical data about domestic violence

15-4 in this state.

15-5 (i) Identify and review the collection and processing of statistical data

15-6 relating to criminal justice and delinquency of children by any agency

15-7 identified in subsection 2, and make recommendations for any necessary

15-8 changes in the manner of collecting and processing statistical data by any

15-9 such agency.

15-10 7. The central repository may:

15-11 (a) At the recommendation of the advisory committee and in the

15-12 manner prescribed by the director of the department, disseminate

15-13 compilations of statistical data and publish statistical reports relating to

15-14 crime or delinquency of children.

15-15 (b) Charge a reasonable fee for any publication or special report it

15-16 distributes relating to data collected pursuant to this section. The central

15-17 repository may not collect such a fee from an agency of criminal justice,

15-18 any other agency dealing with crime or delinquency of children which is

15-19 required to submit information pursuant to subsection 2 or the state disaster

15-20 identification team of the division of emergency management of the

15-21 department of motor vehicles and public safety. All money collected

15-22 pursuant to this paragraph must be used to pay for the cost of operating the

15-23 central repository.

15-24 8. As used in this section, "advisory committee" means the committee

15-25 established by the director of the department pursuant to NRS 179A.078.

15-26 Sec. 23. NRS 179A.100 is hereby amended to read as follows:

15-27 179A.100 1. The following records of criminal history may be

15-28 disseminated by an agency of criminal justice without any restriction

15-29 pursuant to this chapter:

15-30 (a) Any which reflect records of conviction only; and

15-31 (b) Any which pertain to an incident for which a person is currently

15-32 within the system of criminal justice, including parole or probation.

15-33 2. Without any restriction pursuant to this chapter, a record of criminal

15-34 history or the absence of such a record may be:

15-35 (a) Disclosed among agencies which maintain a system for the mutual

15-36 exchange of criminal records.

15-37 (b) Furnished by one agency to another to administer the system of

15-38 criminal justice, including the furnishing of information by a police

15-39 department to a district attorney.

15-40 (c) Reported to the central repository.

15-41 3. An agency of criminal justice shall disseminate to a prospective

15-42 employer, upon request, records of criminal history concerning a

15-43 prospective employee or volunteer which:

16-1 (a) Reflect convictions only; or

16-2 (b) Pertain to an incident for which the prospective employee or

16-3 volunteer is currently within the system of criminal justice, including

16-4 parole or probation.

16-5 4. The central repository shall disseminate to a prospective or current

16-6 employer, upon request, information relating to sexual offenses concerning

16-7 an employee, prospective employee, volunteer or prospective volunteer

16-8 who gives his written consent to the release of that information.

16-9 5. Records of criminal history must be disseminated by an agency of

16-10 criminal justice upon request, to the following persons or governmental

16-11 entities:

16-12 (a) The person who is the subject of the record of criminal history for

16-13 the purposes of NRS 179A.150.

16-14 (b) The person who is the subject of the record of criminal history or his

16-15 attorney of record when the subject is a party in a judicial, administrative,

16-16 licensing, disciplinary or other proceeding to which the information is

16-17 relevant.

16-18 (c) The state gaming control board.

16-19 (d) The state board of nursing.

16-20 (e) The private investigator’s licensing board to investigate an applicant

16-21 for a license.

16-22 (f) A public administrator to carry out his duties as prescribed in chapter

16-23 253 of NRS.

16-24 (g) A public guardian to investigate a ward or proposed ward or persons

16-25 who may have knowledge of assets belonging to a ward or proposed ward.

16-26 (h) Any agency of criminal justice of the United States or of another

16-27 state or the District of Columbia.

16-28 (i) Any public utility subject to the jurisdiction of the public utilities

16-29 commission of Nevada when the information is necessary to conduct a

16-30 security investigation of an employee or prospective employee, or to

16-31 protect the public health, safety or welfare.

16-32 (j) Persons and agencies authorized by statute, ordinance, executive

16-33 order, court rule, court decision or court order as construed by appropriate

16-34 state or local officers or agencies.

16-35 (k) Any person or governmental entity which has entered into a contract

16-36 to provide services to an agency of criminal justice relating to the

16-37 administration of criminal justice, if authorized by the contract, and if the

16-38 contract also specifies that the information will be used only for stated

16-39 purposes and that it will be otherwise confidential in accordance with state

16-40 and federal law and regulation.

16-41 (l) Any reporter for the electronic or printed media in his professional

16-42 capacity for communication to the public.

17-1 (m) Prospective employers if the person who is the subject of the

17-2 information has given written consent to the release of that information by

17-3 the agency which maintains it.

17-4 (n) For the express purpose of research, evaluative or statistical

17-5 programs pursuant to an agreement with an agency of criminal justice.

17-6 (o) The division of child and family services of the department of

17-7 human resources and any county agency that is operated pursuant to NRS

17-8 432B.325 or authorized by a court of competent jurisdiction to receive and

17-9 investigate reports of abuse or neglect of children and which provides or

17-10 arranges for protective services for such children.

17-11 (p) The welfare division of the department of human resources or its

17-12 designated representative.

17-13 (q) An agency of this or any other state or the Federal Government that

17-14 is conducting activities pursuant to Part D of Title IV of the Social Security

17-15 Act (42 U.S.C. §§ 651 et seq.).

17-16 (r) The state disaster identification team of the division of emergency

17-17 management of the department of motor vehicles and public safety during

17-18 a state of emergency or declaration of disaster proclaimed pursuant to

17-19 NRS 414.070.

17-20 6. Agencies of criminal justice in this state which receive information

17-21 from sources outside this state concerning transactions involving criminal

17-22 justice which occur outside Nevada shall treat the information as

17-23 confidentially as is required by the provisions of this chapter.

17-24 Sec. 24. NRS 281.147 is hereby amended to read as follows:

17-25 281.147 Any public officer or employee of the state or any agency

17-26 thereof, or of a political subdivision or an agency of a political subdivision,

17-27 who is classified by the American National Red Cross as a disaster

17-28 technician must be relieved from his duties, upon the request of the

17-29 American National Red Cross and the approval of his employer, to assist

17-30 the American National Red Cross during [a] an emergency or disaster

17-31 described in NRS 414.020 which occurs in this state or California, Oregon,

17-32 Idaho, Utah or Arizona, without loss of his regular compensation for a

17-33 period of not more than 15 working days in any calendar year. No such

17-34 absence may be a part of the annual vacation of the public officer or

17-35 employee which is provided for by law.

17-36 Sec. 25. NRS 289.270 is hereby amended to read as follows:

17-37 289.270 1. The following persons have the powers of a peace

17-38 officer:

17-39 (a) The director of the department of motor vehicles and public safety.

17-40 (b) The chiefs of the divisions of the department of motor vehicles and

17-41 public safety.

17-42 (c) The deputy directors of the department of motor vehicles and public

17-43 safety employed pursuant to subsection 2 of NRS 481.035.

18-1 (d) The investigators and agents of the investigation division of the

18-2 department of motor vehicles and public safety and any other officer or

18-3 employee of that division whose principal duty is to enforce one or more

18-4 laws of this state, and any person promoted from such a duty to a

18-5 supervisory position related to such a duty.

18-6 (e) The personnel of the capitol police division of the department of

18-7 motor vehicles and public safety appointed pursuant to subsection 2 of

18-8 NRS 331.140.

18-9 2. The personnel of the Nevada highway patrol appointed pursuant to

18-10 subsection 2 of NRS 481.150 have the powers of a peace officer specified

18-11 in NRS 481.150 and 481.180.

18-12 3. Administrators and investigators of the bureau of enforcement of

18-13 the registration division of the department of motor vehicles and public

18-14 safety have the powers of a peace officer to enforce any law of the State of

18-15 Nevada in carrying out their duties under NRS 481.048.

18-16 4. Officers and investigators of the section for the control of emissions

18-17 from vehicles of the registration division of the department of motor

18-18 vehicles and public safety, appointed pursuant to NRS 481.0481, have the

18-19 powers of peace officers in carrying out their duties under that section.

18-20 5. Members of the state disaster identification team of the division of

18-21 emergency management of the department of motor vehicles and public

18-22 safety who are, pursuant to NRS 414.270, activated by the chief of the

18-23 division during a state of emergency or declaration of disaster proclaimed

18-24 pursuant to NRS 414.070 to perform the duties of the state disaster

18-25 identification team, have the powers of peace officers in carrying out those

18-26 duties.

18-27 Sec. 26. NRS 432.170 is hereby amended to read as follows:

18-28 432.170 1. The attorney general shall:

18-29 (a) Establish a program to coordinate activities and information in this

18-30 state concerning missing or exploited children; and

18-31 (b) Appoint a director to administer the provisions of the program.

18-32 2. The director is in the unclassified service of the state. [For the

18-33 purposes of assisting] To assist the director in carrying out the provisions

18-34 of NRS 432.150 to 432.220, inclusive, the attorney general may appoint

18-35 such assistants or investigators as deemed necessary by the attorney

18-36 general.

18-37 3. The director may:

18-38 (a) Assist any public or private school in establishing a program of

18-39 information about missing or exploited children by providing, free of

18-40 charge, materials, publications and instructional aids relating to:

18-41 (1) Offenses under federal and state law regarding missing or

18-42 exploited children and the abuse or neglect of children.

19-1 (2) Governmental and private agencies and programs for locating and

19-2 identifying missing or exploited children, preventing the abduction or

19-3 disappearance of children and preventing the abuse or neglect of children.

19-4 (3) Methods of preventing the abduction or disappearance of

19-5 children.

19-6 (4) Techniques for the investigation of cases involving missing or

19-7 exploited children.

19-8 (5) Any other issue involving missing or exploited children.

19-9 (b) Develop and maintain a system of information concerning missing

19-10 or exploited children, including information concerning public or private

19-11 resources which may be available to such children and their families.

19-12 (c) Accept gifts or donations on behalf of the clearinghouse which must

19-13 be accounted for separately and used by the director in carrying out the

19-14 provisions of NRS 432.150 to 432.220, inclusive.

19-15 (d) Enter into agreements with regional and national organizations for

19-16 assistance and exchange of information concerning missing or exploited

19-17 children.

19-18 (e) Assist in the investigation of children who are reported missing in

19-19 this state or who are reported abducted or taken from this state.

19-20 4. The director may provide the materials, publications and

19-21 instructional aids identified in paragraph (a) of subsection 3 to any other

19-22 person or governmental agency for a reasonable fee not to exceed the cost

19-23 of preparing the materials.

19-24 5. The director shall, upon request during a state of emergency or

19-25 declaration of disaster proclaimed pursuant to NRS 414.070, provide

19-26 records regarding a missing child to the state disaster identification team of

19-27 the division of emergency management of the department of motor

19-28 vehicles and public safety.

19-29 Sec. 27. NRS 481.245 is hereby amended to read as follows:

19-30 481.245 1. When a coroner is unable to establish the identity of a

19-31 dead body by means other than by dental records, he shall have a dental

19-32 examination of the body made by a dentist. The dentist shall prepare a

19-33 record of his findings and forward it to the investigation division and to the

19-34 central repository for Nevada records of criminal history.

19-35 2. Each sheriff, chief of police or other law enforcement agency which

19-36 receives a report of a person missing under suspicious circumstances who

19-37 is 18 years or older shall:

19-38 (a) Transmit to the investigation division and to the central repository

19-39 for Nevada records of criminal history:

19-40 (1) The initial report that contains identifying information concerning

19-41 the missing person within 72 hours after the receipt of that report; and

20-1 (2) Any subsequent report concerning the missing person within 5

20-2 working days after the receipt of that report if the report contains

20-3 additional identifying information concerning the missing person;

20-4 (b) Notify immediately such persons and make inquiries concerning the

20-5 missing person as the agency deems necessary; and

20-6 (c) Enter the information concerning the missing person into the

20-7 computer for the National Crime Information Center and the central

20-8 repository for Nevada records of criminal history, if appropriate.

20-9 3. The sheriff, chief of police or other law enforcement agency shall

20-10 request the written consent of the next of kin or guardian of a person who

20-11 has been reported to him as missing for 30 days or more to obtain certain

20-12 identifying information about the missing person that the National Crime

20-13 Information Center recommends be provided from the appropriate

20-14 providers of medical care. After receiving the written consent, the sheriff,

20-15 chief of police or other law enforcement agency shall obtain the

20-16 identifying information from the providers of medical care and forward

20-17 that information and any other relevant information to the investigation

20-18 division and to the central repository for Nevada records of criminal

20-19 history for comparison with the identifying information that is on file

20-20 concerning unidentified deceased persons. This subsection does not

20-21 prevent the voluntary release of identifying information about the missing

20-22 person by the next of kin or guardian of the missing person at any time.

20-23 4. The next of kin or guardian of the person reported as missing shall

20-24 promptly notify the appropriate law enforcement agency when the missing

20-25 person is found.

20-26 5. The sheriff, chief of police or other law enforcement agency shall

20-27 inform the investigation division, the central repository for Nevada records

20-28 of criminal history and the National Crime Information Center when a

20-29 missing person has been found.

20-30 6. The investigation division and the central repository for Nevada

20-31 records of criminal history shall:

20-32 (a) Maintain the records and other information forwarded to them

20-33 pursuant to subsections 1, 2 and 3 for the purpose of comparing the records

20-34 and otherwise assisting in the identification of dead bodies; and

20-35 (b) Upon request during a state of emergency or declaration of disaster

20-36 proclaimed pursuant to NRS 414.070, provide the records and other

20-37 information that are maintained pursuant to this subsection to the state

20-38 disaster identification team of the division of emergency management of

20-39 the department.

20-40 Sec. 28. 1. The terms of office of all members appointed to the

20-41 board of search and rescue who are incumbent on October 1, 1999, expire

20-42 on that date.

21-1 2. Not later than October 1, 1999, appointments to the board of search

21-2 and rescue required to be made pursuant to NRS 414.170, as amended by

21-3 section 14 of this act, must be made as follows:

21-4 (a) One member who is a representative of the Nevada Wing of the

21-5 Civil Air Patrol, one member who is a representative of the Nevada

21-6 National Guard, two members who are representatives of the Nevada

21-7 Sheriffs and Chiefs Association and one member who is a representative of

21-8 the health division of the department of human resources must be

21-9 appointed to terms expiring on October 1, 2000.

21-10 (b) Two members who are representatives of the Nevada Sheriffs and

21-11 Chiefs Association, one member who is a representative of the division of

21-12 forestry, one member who is a representative of a search and rescue

21-13 organization of a law enforcement agency and one member who is a

21-14 representative of the Nevada Fire Chiefs’ Association must be appointed to

21-15 terms expiring on October 1, 2001.

21-16 3. A member of the board of search and rescue whose term of office

21-17 expires pursuant to subsection 1 may be appointed to succeed himself.

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