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
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 thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. "Disaster" means an occurrence or threatened occurrence1-4
for which, in the determination of the governor, the assistance of the1-5
Federal Government is needed to supplement the efforts and capabilities1-6
of state agencies to save lives, protect property and protect the health and1-7
safety of persons in this state, or to avert the threat of damage to property1-8
or injury to or the death of persons in this state.2-1
Sec. 3. "Emergency" means an occurrence or threatened2-2
occurrence for which, in the determination of the governor, the2-3
assistance of state agencies is needed to supplement the efforts and2-4
capabilities of political subdivisions to save lives, protect property and2-5
protect the health and safety of persons in this state, or to avert the threat2-6
of damage to property or injury to or the death of persons in this state.2-7
Sec. 4. NRS 414.020 is hereby amended to read as follows: 414.020 1. Because of the existing and increasing possibility of the2-9
occurrence of emergencies or disasters of unprecedented size and2-10
destructiveness resulting from enemy attack, sabotage or other hostile2-11
action,2-12
from technological or man-made catastrophes, and in order to ensure that2-13
the preparations of this state will be adequate to deal with such2-14
emergencies or disasters, and generally to provide for the common defense2-15
and to protect the public2-16
preserve the lives and property of the people of the state, it is hereby found2-17
and declared to be necessary:2-18
(a) To create a state agency for emergency management and to authorize2-19
the creation of local organizations for emergency management in the2-20
political subdivisions of the state.2-21
(b) To confer upon the governor and upon the executive heads or2-22
governing bodies of the political subdivisions of the state the emergency2-23
powers provided in this chapter.2-24
(c) To2-25
political subdivisions of the state and with other states and to cooperate2-26
with the Federal Government with respect to2-27
functions of emergency management.2-28
2. It is further declared to be the purpose of this chapter and the policy2-29
of the state that all functions of emergency management in this state be2-30
coordinated to the maximum extent with the comparable functions of the2-31
Federal Government , including its various departments and agencies, of2-32
other states and localities2-33
2-34
2-35
any emergency or disaster that may occur.2-36
Sec. 5. NRS 414.035 is hereby amended to read as follows: 414.035 "Emergency management" means the preparation for and the2-38
carrying out of all emergency functions, other than functions for which2-39
military forces are primarily responsible, to2-40
repair2-41
by enemy attack, sabotage or other hostile action,2-42
earthquake , storm, or other natural causes2-43
man-made catastrophes. These functions include3-1
3-2
3-3
3-4
3-5
3-6
3-7
3-8
3-9
limitation:3-10
1. The provision of support for search and rescue operations for3-11
persons and property in distress.3-12
2. Organized analysis, planning and coordination of available3-13
resources for the mitigation of, preparation for, response to or recovery3-14
from emergencies or disasters.3-15
Sec. 6. NRS 414.040 is hereby amended to read as follows: 414.040 1. A division of emergency management is hereby created3-17
within the department of motor vehicles and public safety. The chief of the3-18
division is appointed by and holds office at the pleasure of the director of3-19
the department of motor vehicles and public safety. The division is the3-20
state agency for emergency management and the state agency for civil3-21
defense3-22
legislature pursuant to NRS 415.010. The chief is the state’s director of3-23
3-24
defense for the purposes of that compact.3-25
2. The chief may employ technical, clerical, stenographic and other3-26
personnel as may be required, and may make such expenditures therefor3-27
and for other expenses of his office within the appropriation therefor, or3-28
from other money made available to him for purposes of emergency3-29
management, as may be necessary to carry out the purposes of this chapter.3-30
3. The chief, subject to the direction and control of the director, shall3-31
carry out the program for emergency management in this state. He shall3-32
coordinate the activities of all organizations for emergency management3-33
within the state, maintain liaison with and cooperate with agencies and3-34
organizations of other states and of the Federal Government for emergency3-35
management and carry out such additional duties as may be prescribed by3-36
the director.3-37
4. The chief shall assist in the development of comprehensive,3-38
coordinated plans for emergency management by adopting an integrated3-39
process, using the partnership of governmental entities, business and3-40
industry, volunteer organizations and other interested persons, for the3-41
mitigation of, preparation for, response to and recovery from emergencies3-42
3-43
designed to:4-1
(a) Eliminate or reduce the probability that an emergency will occur or4-2
to reduce the effects of unavoidable disasters;4-3
(b) Prepare state and local governmental agencies, private organizations4-4
and other persons to be capable of responding appropriately if an4-5
emergency or disaster occurs by fostering the adoption of plans for4-6
emergency operations,4-7
plans, training necessary personnel and4-8
necessary resources;4-9
(c) Test periodically plans for emergency operations to ensure that the4-10
activities of state and local governmental agencies, private organizations4-11
and other persons are coordinated;4-12
(d) Provide assistance to victims, prevent further injury or damage to4-13
persons or property and increase the effectiveness of recovery operations;4-14
and4-15
(e) Restore the operation of vital community life-support systems and4-16
return persons and property affected by an emergency or disaster to a4-17
condition that is comparable to or better than what existed before the4-18
emergency or disaster occurred.4-19
Sec. 7. NRS 414.060 is hereby amended to read as follows: 414.060 1. The governor is responsible for4-21
provisions of this chapter, and in the event of an emergency or disaster4-22
beyond local control , may assume direct operational control over all or any4-23
part of the functions of emergency management within this state.4-24
2. In performing his duties under this chapter, the governor may4-25
cooperate with the Federal Government, with other states, and with private4-26
agencies in all matters pertaining to emergency management in this state4-27
and the nation.4-28
3. In performing his duties under this chapter and to effect its policy4-29
and purpose, the governor may:4-30
(a) Make, amend and rescind the necessary orders and regulations to4-31
carry out the provisions of this chapter within the limits of the authority4-32
conferred upon him in this chapter, with due consideration of the plans4-33
provided by the Federal Government.4-34
(b) Prepare a comprehensive state emergency management plan and4-35
develop a program for emergency management in this state to be integrated4-36
into and coordinated with the plans of the Federal Government and of other4-37
states for emergency management to the fullest possible extent, and4-38
coordinate the preparation of plans and programs for emergency4-39
management by the political subdivisions of this state to be integrated into4-40
and coordinated with the plan and program of this state to the fullest4-41
possible extent.5-1
(c) In accordance with the plan and program for the emergency5-2
management in this state, procure supplies and equipment, institute5-3
planning, training and exercise programs5-4
information programs, and take all other preparatory steps, including the5-5
partial or full mobilization of organizations for emergency management in5-6
advance of an actual emergency or disaster, to ensure the5-7
availability of adequately trained and equipped forces in time of need.5-8
(d) Make such studies and surveys of5-9
facilities in this state as may be necessary to ascertain the capabilities of the5-10
state for emergency management and plan for the most efficient5-11
5-12
(e) On behalf of this state, enter into mutual aid5-13
agreements with other states and coordinate mutual aid plans between5-14
political subdivisions of this state.5-15
(f) Delegate any administrative authority vested in him under this5-16
chapter, and provide for the subdelegation of any such authority.5-17
(g) Cooperate with the President of the United States and the heads of5-18
the Armed Forces, the agency of the United States for emergency5-19
management and other appropriate federal officers and agencies, and with5-20
the officers and agencies of other states in matters pertaining to emergency5-21
management in the state and nation, including the direction or control of:5-22
(1)5-23
5-24
exercises.5-25
(2)5-26
Mechanical devices to be used in connection5-27
and signals for emergencies or disasters.5-28
(3) The effective screening or extinguishing of all lights and lighting5-29
devices and appliances.5-30
(4)5-31
5-32
all public utilities in terminating and restoring service to the general5-33
public during an emergency or disaster.5-34
(5) The conduct of5-35
and cessation of movement of pedestrians and vehicular traffic during,5-36
before and after5-37
(6) Public meetings or gatherings.5-38
(7) The evacuation and reception of the5-39
public during an attack or an emergency or disaster.5-40
Sec. 8. NRS 414.070 is hereby amended to read as follows: 414.070 The provisions of this section are operative only during the5-42
existence of a state of emergency5-43
existence of such an emergency or disaster may be proclaimed by the6-1
governor or by resolution of the legislature if the governor in his6-2
proclamation, or the legislature in its resolution, finds that an attack upon6-3
the United States has occurred or is anticipated in the immediate future, or6-4
that a natural , technological or man-made emergency or disaster of major6-5
proportions has actually occurred within this state, and that the safety and6-6
welfare of the inhabitants of this state require an invocation of the6-7
provisions of this section. Any such emergency6-8
proclaimed by the governor or by the legislature, terminates upon the6-9
proclamation of the termination thereof by the governor, or the passage by6-10
the legislature of a resolution terminating the emergency6-11
During the period when6-12
disaster exists or continues, the governor may exercise the following6-13
additional6-14
1. To enforce all laws and regulations relating to emergency6-15
management and to assume direct operational control of any or all forces6-16
6-17
staff for emergency management in the state.6-18
2. To sell, lend, lease, give, transfer or deliver materials or perform6-19
services for the purpose of emergency management on such terms and6-20
conditions as the governor prescribes and without regard to the limitations6-21
of any existing law, and to account to the state treasurer for any funds6-22
received for such property.6-23
3. To procure, by purchase, condemnation, seizure or other means,6-24
construct, lease, transport, store, maintain, renovate or distribute materials6-25
and facilities for emergency management without regard to the limitations6-26
of any existing law. He shall make compensation for the property so seized,6-27
taken or condemned on the following basis:6-28
(a)6-29
90 days6-30
paid therefor. If the property is returned to the owner in a damaged6-31
condition, or is not returned to the owner, the governor shall fix within 906-32
days the amount of compensation to be paid for the damage or failure to6-33
return6-34
state to take title to property taken under this section, he shall forthwith6-35
cause the owner of such property to be notified thereof in writing by6-36
registered or certified mail, postage prepaid, or by the best means available,6-37
and forthwith cause to be filed a copy of the notice with the secretary of6-38
state.6-39
(b) Within the 90-day period prescribed in paragraph (a) , the governor6-40
shall make an offer in writing to the person or persons entitled to receive it6-41
of the amount of money proposed to be paid as full compensation. If the6-42
offer is accepted ,6-43
7-1
in equity may ever be maintained in connection therewith. If7-2
offer of payment is refused ,7-3
have the same rights as plaintiffs in actions of eminent domain insofar as7-4
the fixing of damages and compensation is concerned, NRS 37.060,7-5
37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings7-6
must be had in conformity therewith so far as possible. Such action must be7-7
commenced within 1 year after the receipt of the offer of settlement from7-8
the governor.7-9
4. To provide for and compel the evacuation of all or part of the7-10
population from any stricken or threatened area or areas within the state7-11
and to take such steps as are necessary for the receipt and care of those7-12
persons.7-13
5. Subject to the provisions of the state constitution, to remove from7-14
office any public officer having administrative responsibilities under this7-15
chapter for willful failure to obey an order or regulation adopted pursuant7-16
to this chapter. Such removal must be upon charges after service upon the7-17
officer of a copy of the charges and after giving him an opportunity to be7-18
heard in his defense. Pending the preparation and disposition of charges,7-19
the governor may suspend the officer for a period not exceeding 30 days. A7-20
vacancy resulting from removal or suspension pursuant to this section must7-21
be filled as provided by law.7-22
6. To perform and exercise such other functions, powers and duties as7-23
are necessary to promote and secure the safety and protection of the civilian7-24
population.7-25
Sec. 9. NRS 414.090 is hereby amended to read as follows: 414.090 1. Each political subdivision of this state may establish a7-27
local organization for emergency management in accordance with the7-28
7-29
management. Such a political subdivision may confer or authorize the7-30
conferring upon members of the auxiliary police the powers of police7-31
officers, subject to such restrictions as it imposes. Each local organization7-32
for emergency management must have a director who must be appointed by7-33
the executive officer or governing body of the political subdivision, and7-34
who has direct responsibility for the organization, administration and7-35
operation of the local organization for emergency management subject to7-36
the direction and control of the executive officer or governing body. Each7-37
local organization for emergency management shall perform functions of7-38
emergency management within the territorial limits of the political7-39
subdivision within which it is organized, and, in addition, shall conduct7-40
such functions outside of such territorial limits as may be required pursuant7-41
to the provisions of NRS 414.100.8-1
2. In carrying out the provisions of this chapter , each political8-2
subdivision in which any emergency or disaster described in NRS 414.0208-3
occurs may enter into contracts and incur obligations necessary to combat8-4
such8-5
and safety of persons and property8-6
emergency assistance to the victims of such8-7
Each political subdivision may exercise the powers vested under this8-8
section in the light of the exigencies of the extreme emergency8-9
or disaster without regard to time-consuming procedures and formalities8-10
prescribed by law, except constitutional requirements, pertaining to the8-11
performance of public work, entering into contracts, the incurring of8-12
obligations, the employment of temporary workers, the rental of equipment,8-13
the purchase of supplies and materials, the levying of taxes, and the8-14
appropriation and expenditure of public funds.8-15
Sec. 10. NRS 414.100 is hereby amended to read as follows: 414.100 The director of each local organization for emergency8-17
management may, in collaboration with other public and private agencies8-18
within this state, develop or cause to be developed8-19
agreements for reciprocal aid and assistance in case of an emergency or8-20
disaster8-21
which the local organization requires such assistance. Such agreements8-22
must be consistent with the state’s8-23
management plan and program for emergency management, and in time8-24
of emergency or disaster each local organization for emergency8-25
management shall render assistance in accordance with the provisions of8-26
such8-27
Sec. 11. NRS 414.110 is hereby amended to read as follows: 414.110 1. All functions under this chapter and all other activities8-29
relating to emergency management are hereby declared to be governmental8-30
functions. Neither the state nor any political subdivision thereof nor other8-31
agencies of the state or political subdivision thereof, nor except in cases of8-32
willful misconduct, gross negligence, or bad faith, any worker complying8-33
with or reasonably attempting to comply with this chapter, or any order or8-34
regulation8-35
or pursuant to any ordinance relating to8-36
emergency procedures or other precautionary measures enacted by any8-37
political subdivision of the state, is liable for the death of or injury to8-38
persons, or for damage to property, as a result of any such activity. The8-39
provisions of this section do not affect the right of any person to receive8-40
benefits to which he would otherwise be entitled under this chapter, or8-41
under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of8-42
NRS, or under any pension law, nor the right of any such person to receive8-43
any benefits or compensation pursuant to any act of Congress.9-1
2. Any requirement for a license to practice any professional,9-2
mechanical or other skill does not apply to any authorized worker who, in9-3
the course of performing his duties as such, practices that professional,9-4
mechanical or other skill during an emergency9-5
3. As used in this section,9-6
limitation, any full-time or part-time paid, volunteer or auxiliary employee9-7
of this state, of any political subdivision thereof, of other states, territories,9-8
possessions or the District of Columbia, of the Federal Government, of any9-9
neighboring country, or of any political subdivision thereof, or of any9-10
agency or organization, performing services for emergency management at9-11
any place in this state subject to the order or control of, or pursuant to a9-12
request of, the state government or any political subdivision thereof.9-13
Sec. 12. NRS 414.120 is hereby amended to read as follows: 414.120 Any person owning or controlling real property or other9-15
premises who voluntarily and without compensation grants a license or9-16
privilege, or otherwise permits the designation or use of the whole or any9-17
part or parts of such real property or premises9-18
9-19
attack9-20
described in NRS 414.020, and his successors in interest, if any, are not9-21
9-22
person on or about such real property or premises, or for loss of, or damage9-23
to, the property of such a person.9-24
Sec. 13. NRS 414.135 is hereby amended to read as follows: 414.135 1. There is hereby created the emergency assistance account9-26
within the disaster relief fund created pursuant to NRS 353.2735.9-27
Beginning with the fiscal year that begins on July 1, 1999, the state9-28
controller shall, at the end of each fiscal year, transfer the interest earned9-29
during the previous fiscal year on the money in the disaster relief fund to9-30
the account in an amount not to exceed $500,000.9-31
2. The9-32
management of the department of motor vehicles and public safety shall9-33
administer the account. The9-34
authorized by this section before, on or after July 1, 1999.9-35
3. All expenditures from the account must be approved in advance by9-36
the9-37
all money in the account must be expended solely to:9-38
(a) Provide supplemental emergency assistance to this state or to local9-39
governments in this state that are severely and adversely affected by a9-40
natural ,9-41
available resources of this state or the local government are inadequate to9-42
provide a satisfactory remedy; and10-1
(b) Pay any actual expenses incurred by the10-2
administration during a natural ,10-3
emergency or disaster.10-4
4. Beginning with the fiscal year that begins on July 1, 1999, if any10-5
balance remains in the account at the end of a fiscal year and the balance10-6
has not otherwise been committed for expenditure, the10-7
division may, with the approval of the interim finance committee, allocate10-8
all or any portion of the remaining balance to this state or to a local10-9
government to:10-10
(a) Purchase equipment or supplies required for emergency10-11
management; and10-12
(b) Provide training to personnel related to emergency management.10-13
5. Beginning with the fiscal year that begins on July 1, 1999, the10-14
10-15
submit to the interim finance committee a report of the expenditures made10-16
from the account for the previous quarter.10-17
6. The10-18
necessary to administer the account.10-19
7. The10-20
reimbursement of expenditures made from the account. If the10-21
division requires such reimbursement, the attorney general shall take such10-22
action as is necessary to recover the amount of any unpaid reimbursement10-23
plus interest at a rate determined pursuant to NRS 17.130, computed from10-24
the date on which the money was removed from the fund, upon request by10-25
the10-26
Sec. 14. NRS 414.170 is hereby amended to read as follows: 414.170 1. The board of search and rescue, consisting of10-28
members appointed by the chief, is hereby created. The chief shall appoint:10-29
(a)10-30
10-31
Civil Air Patrol;10-32
10-33
Guard;10-34
10-35
10-36
and Chiefs Association or its legal successor;10-37
(d) One member who is a representative of the10-38
10-39
primary responsibilities relate to the licensure and certification of10-40
persons who provide emergency medical services;10-41
(e) One member who is a representative of the division of forestry of the10-42
state department of conservation and natural resources;11-1
11-2
11-3
11-4
(g) One member who is a representative of the Nevada Fire Chiefs’11-5
Association or its legal successor. If the association ceases to exist and no11-6
legal successor is formed, the chief shall appoint one member who is a fire11-7
chief.11-8
2. The term of office of each member of the board is 2 years.11-9
Sec. 15. NRS 414.200 is hereby amended to read as follows: 414.200 The chief, with the advice of the board, shall appoint11-11
employee of the division of emergency management of the department of11-12
motor vehicles and public safety as coordinator of search and rescue.11-13
Sec. 16. NRS 414.210 is hereby amended to read as follows: 414.210 The coordinator shall:11-15
1. Identify, inventory and coordinate resources available for searches11-16
and rescues;11-17
2. Investigate and apply for grants and other financial assistance for11-18
search and rescue;11-19
3. Maintain statistics regarding searches and rescues;11-20
4. Coordinate assistance during intrastate searches and rescues and11-21
searches and rescues involving two or more counties;11-22
5. Act as liaison with other states’ operations involving searches and11-23
rescues;11-24
6. Provide assistance, upon request, to sheriffs during searches and11-25
rescues;11-26
7. Prepare a plan for searches and rescues;11-27
8. Establish and maintain a system of communication for use11-28
throughout the state for operations relating to searches and rescues; and11-29
9. Prepare and distribute publications relating to searches and rescues.11-30
Sec. 17. NRS 414.220 is hereby amended to read as follows: 414.220 The committee on training in search and rescue, consisting of11-32
11-33
board, is hereby created.11-34
Sec. 18. NRS 414.270 is hereby amended to read as follows: 414.270 A state disaster identification team is hereby established11-36
within the division of emergency management of the department of motor11-37
vehicles and public safety. The chief:11-38
1. Shall assign persons with expertise in various fields to the state11-39
disaster identification team; and11-40
2. May activate such persons during a state of emergency or11-41
declaration of disaster proclaimed pursuant to NRS 414.070 to perform the11-42
duties of the state disaster identification team.12-1
Sec. 19. NRS 414.280 is hereby amended to read as follows: 414.280 The state disaster identification team shall:12-3
1. Provide technical assistance and personnel to local authorities to12-4
recover, identify and process deceased victims during a state of emergency12-5
12-6
2. Within 2 hours after the notification of a state of emergency12-7
declaration of disaster and at the request of the chief, begin to identify12-8
and report to the chief the need for medical and health services to:12-9
(a) Establish temporary facilities to be used as a morgue.12-10
(b) Identify deceased victims by using, without limitation, latent12-11
fingerprints and the forensic methods of dentistry, pathology and12-12
anthropology.12-13
(c) Process and dispose of the remains of deceased victims.12-14
Sec. 20. NRS 414.290 is hereby amended to read as follows: 414.290 The state disaster identification team may, during a state of12-16
emergency12-17
1. The information that is contained in the central repository for12-18
Nevada records of criminal history pursuant to NRS 179A.075.12-19
2. The records of criminal history maintained by an agency of criminal12-20
justice pursuant to NRS 179A.100.12-21
3. The records of missing children maintained by the attorney general12-22
pursuant to NRS 432.170.12-23
4. The records and information concerning missing persons maintained12-24
by the investigation division of the department of motor vehicles and public12-25
safety pursuant to NRS 481.245.12-26
Sec. 21. NRS 414.300 is hereby amended to read as follows: 414.300 The department of motor vehicles and public safety shall12-28
adopt regulations to govern the state disaster identification team. The12-29
regulations must include, without limitation:12-30
1. Guidelines for the chief to:12-31
(a) Assign persons to positions on the state disaster identification team;12-32
and12-33
(b) Determine which members of the state disaster identification team12-34
may be activated during a state of emergency12-35
2. Provisions governing the organization, administration and operation12-36
of the state disaster identification team.12-37
3. The compensation, if any, to be paid by the department to a member12-38
of the state disaster identification team who is activated during a state of12-39
emergency12-40
Sec. 22. NRS 179A.075 is hereby amended to read as follows: 179A.075 1. The central repository for Nevada records of criminal12-42
history is hereby created within the Nevada highway patrol division of the12-43
department.13-1
2. Each agency of criminal justice and any other agency dealing with13-2
crime or delinquency of children shall:13-3
(a) Collect and maintain records, reports and compilations of statistical13-4
data required by the department; and13-5
(b) Submit the information collected to the central repository in the13-6
manner recommended by the advisory committee and approved by the13-7
director of the department.13-8
3. Each agency of criminal justice shall submit the information relating13-9
to sexual offenses and other records of criminal history it collects, and any13-10
information in its possession relating to the genetic markers of the blood13-11
and the secretor status of the saliva of a person who is convicted of sexual13-12
assault or any other sexual offense, to the division in the manner prescribed13-13
by the director of the department. A report of disposition must be submitted13-14
to the division:13-15
(a) Through an electronic network;13-16
(b) On a medium of magnetic storage; or13-17
(c) In the manner prescribed by the director of the department,13-18
within 30 days after the date of disposition. If an agency has submitted a13-19
record regarding the arrest of a person who is later determined by the13-20
agency not to be the person who committed the particular crime, the agency13-21
shall, immediately upon making that determination, so notify the division.13-22
The division shall delete all references in the central repository relating to13-23
that particular arrest.13-24
4. The division shall:13-25
(a) Collect, maintain and arrange all information submitted to it relating13-26
to:13-27
(1) Sexual offenses and other records of criminal history; and13-28
(2) The genetic markers of the blood and the secretor status of the13-29
saliva of a person who is convicted of sexual assault or any other sexual13-30
offense.13-31
(b) Use a record of the subject’s fingerprints as the basis for any records13-32
maintained regarding him.13-33
(c) Upon request during a state of emergency or declaration of disaster13-34
proclaimed pursuant to NRS 414.070, provide the information that is13-35
contained in the central repository to the state disaster identification team13-36
of the division of emergency management of the department of motor13-37
vehicles and public safety.13-38
5. The division may:13-39
(a) Disseminate any information which is contained in the central13-40
repository to any other agency of criminal justice;13-41
(b) Enter into cooperative agreements with federal and state repositories13-42
to facilitate exchanges of such information; and14-1
(c) Request of and receive from the Federal Bureau of Investigation14-2
information on the background and personal history of any person:14-3
(1) Who has applied to any agency of the state or any political14-4
subdivision for a license which it has the power to grant or deny;14-5
(2) With whom any agency of the state or any political subdivision14-6
intends to enter into a relationship of employment or a contract for personal14-7
services;14-8
(3) About whom any agency of the state or any political subdivision14-9
has a legitimate need to have accurate personal information for the14-10
protection of the agency or the persons within its jurisdiction; or14-11
(4) For whom such information is required to be obtained pursuant to14-12
NRS 449.179.14-13
6. The central repository shall:14-14
(a) Collect and maintain records, reports and compilations of statistical14-15
data submitted by any agency pursuant to subsection 2.14-16
(b) Tabulate and analyze all records, reports and compilations of14-17
statistical data received pursuant to this section.14-18
(c) Disseminate to federal agencies engaged in the collection of14-19
statistical data relating to crime information which is contained in the14-20
central repository.14-21
(d) Investigate the criminal history of any person who:14-22
(1) Has applied to the superintendent of public instruction for a14-23
license;14-24
(2) Has applied to a county school district for employment; or14-25
(3) Is employed by a county school district,14-26
and notify the superintendent of each county school district and the14-27
superintendent of public instruction if the investigation of the central14-28
repository indicates that the person has been convicted of a violation of14-29
NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a14-30
felony or any offense involving moral turpitude.14-31
(e) Upon discovery, notify the superintendent of each county school14-32
district by providing him with a list of all persons:14-33
(1) Investigated pursuant to paragraph (d); or14-34
(2) Employed by a county school district whose fingerprints were sent14-35
previously to the central repository for investigation,14-36
who the central repository’s records indicate have been convicted of a14-37
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or14-38
convicted of a felony or any offense involving moral turpitude since the14-39
central repository’s initial investigation. The superintendent of each county14-40
school district shall determine whether further investigation or action by the14-41
district is appropriate.15-1
(f) Investigate the criminal history of each person who submits15-2
fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or15-3
449.179.15-4
(g) On or before July 1 of each year, prepare and present to the governor15-5
a printed annual report containing the statistical data relating to crime15-6
received during the preceding calendar year. Additional reports may be15-7
presented to the governor throughout the year regarding specific areas of15-8
crime if they are recommended by the advisory committee and approved by15-9
the director of the department.15-10
(h) On or before January 31 of each odd-numbered year, prepare and15-11
submit to the director of the legislative counsel bureau, for submission to15-12
the legislature, a report containing statistical data about domestic violence15-13
in this state.15-14
(i) Identify and review the collection and processing of statistical data15-15
relating to criminal justice and delinquency of children by any agency15-16
identified in subsection 2, and make recommendations for any necessary15-17
changes in the manner of collecting and processing statistical data by any15-18
such agency.15-19
7. The central repository may:15-20
(a) At the recommendation of the advisory committee and in the manner15-21
prescribed by the director of the department, disseminate compilations of15-22
statistical data and publish statistical reports relating to crime or15-23
delinquency of children.15-24
(b) Charge a reasonable fee for any publication or special report it15-25
distributes relating to data collected pursuant to this section. The central15-26
repository may not collect such a fee from an agency of criminal justice,15-27
any other agency dealing with crime or delinquency of children which is15-28
required to submit information pursuant to subsection 2 or the state disaster15-29
identification team of the division of emergency management of the15-30
department of motor vehicles and public safety. All money collected15-31
pursuant to this paragraph must be used to pay for the cost of operating the15-32
central repository.15-33
8. As used in this section, "advisory committee" means the committee15-34
established by the director of the department pursuant to NRS 179A.078.15-35
Sec. 23. NRS 179A.100 is hereby amended to read as follows: 179A.100 1. The following records of criminal history may be15-37
disseminated by an agency of criminal justice without any restriction15-38
pursuant to this chapter:15-39
(a) Any which reflect records of conviction only; and15-40
(b) Any which pertain to an incident for which a person is currently15-41
within the system of criminal justice, including parole or probation.15-42
2. Without any restriction pursuant to this chapter, a record of criminal15-43
history or the absence of such a record may be:16-1
(a) Disclosed among agencies which maintain a system for the mutual16-2
exchange of criminal records.16-3
(b) Furnished by one agency to another to administer the system of16-4
criminal justice, including the furnishing of information by a police16-5
department to a district attorney.16-6
(c) Reported to the central repository.16-7
3. An agency of criminal justice shall disseminate to a prospective16-8
employer, upon request, records of criminal history concerning a16-9
prospective employee or volunteer which:16-10
(a) Reflect convictions only; or16-11
(b) Pertain to an incident for which the prospective employee or16-12
volunteer is currently within the system of criminal justice, including parole16-13
or probation.16-14
4. The central repository shall disseminate to a prospective or current16-15
employer, upon request, information relating to sexual offenses concerning16-16
an employee, prospective employee, volunteer or prospective volunteer16-17
who gives his written consent to the release of that information.16-18
5. Records of criminal history must be disseminated by an agency of16-19
criminal justice upon request, to the following persons or governmental16-20
entities:16-21
(a) The person who is the subject of the record of criminal history for16-22
the purposes of NRS 179A.150.16-23
(b) The person who is the subject of the record of criminal history or his16-24
attorney of record when the subject is a party in a judicial, administrative,16-25
licensing, disciplinary or other proceeding to which the information is16-26
relevant.16-27
(c) The state gaming control board.16-28
(d) The state board of nursing.16-29
(e) The private investigator’s licensing board to investigate an applicant16-30
for a license.16-31
(f) A public administrator to carry out his duties as prescribed in chapter16-32
253 of NRS.16-33
(g) A public guardian to investigate a ward or proposed ward or persons16-34
who may have knowledge of assets belonging to a ward or proposed ward.16-35
(h) Any agency of criminal justice of the United States or of another16-36
state or the District of Columbia.16-37
(i) Any public utility subject to the jurisdiction of the public utilities16-38
commission of Nevada when the information is necessary to conduct a16-39
security investigation of an employee or prospective employee, or to16-40
protect the public health, safety or welfare.16-41
(j) Persons and agencies authorized by statute, ordinance, executive16-42
order, court rule, court decision or court order as construed by appropriate16-43
state or local officers or agencies.17-1
(k) Any person or governmental entity which has entered into a contract17-2
to provide services to an agency of criminal justice relating to the17-3
administration of criminal justice, if authorized by the contract, and if the17-4
contract also specifies that the information will be used only for stated17-5
purposes and that it will be otherwise confidential in accordance with state17-6
and federal law and regulation.17-7
(l) Any reporter for the electronic or printed media in his professional17-8
capacity for communication to the public.17-9
(m) Prospective employers if the person who is the subject of the17-10
information has given written consent to the release of that information by17-11
the agency which maintains it.17-12
(n) For the express purpose of research, evaluative or statistical17-13
programs pursuant to an agreement with an agency of criminal justice.17-14
(o) The division of child and family services of the department of human17-15
resources and any county agency that is operated pursuant to NRS17-16
432B.325 or authorized by a court of competent jurisdiction to receive and17-17
investigate reports of abuse or neglect of children and which provides or17-18
arranges for protective services for such children.17-19
(p) The welfare division of the department of human resources or its17-20
designated representative.17-21
(q) An agency of this or any other state or the Federal Government that17-22
is conducting activities pursuant to Part D of Title IV of the Social Security17-23
Act (42 U.S.C. §§ 651 et seq.).17-24
(r) The state disaster identification team of the division of emergency17-25
management of the department of motor vehicles and public safety during a17-26
state of emergency or declaration of disaster proclaimed pursuant to NRS17-27
414.070.17-28
6. Agencies of criminal justice in this state which receive information17-29
from sources outside this state concerning transactions involving criminal17-30
justice which occur outside Nevada shall treat the information as17-31
confidentially as is required by the provisions of this chapter.17-32
Sec. 24. NRS 281.147 is hereby amended to read as follows: 281.147 Any public officer or employee of the state or any agency17-34
thereof, or of a political subdivision or an agency of a political subdivision,17-35
who is classified by the American National Red Cross as a disaster17-36
technician must be relieved from his duties, upon the request of the17-37
American National Red Cross and the approval of his employer, to assist17-38
the American National Red Cross during17-39
described in NRS 414.020 which occurs in this state or California, Oregon,17-40
Idaho, Utah or Arizona, without loss of his regular compensation for a17-41
period of not more than 15 working days in any calendar year. No such17-42
absence may be a part of the annual vacation of the public officer or17-43
employee which is provided for by law.18-1
Sec. 25. NRS 289.270 is hereby amended to read as follows: 289.270 1. The following persons have the powers of a peace officer:18-3
(a) The director of the department of motor vehicles and public safety.18-4
(b) The chiefs of the divisions of the department of motor vehicles and18-5
public safety.18-6
(c) The deputy directors of the department of motor vehicles and public18-7
safety employed pursuant to subsection 2 of NRS 481.035.18-8
(d) The investigators and agents of the investigation division of the18-9
department of motor vehicles and public safety and any other officer or18-10
employee of that division whose principal duty is to enforce one or more18-11
laws of this state, and any person promoted from such a duty to a18-12
supervisory position related to such a duty.18-13
(e) The personnel of the capitol police division of the department of18-14
motor vehicles and public safety appointed pursuant to subsection 2 of18-15
NRS 331.140.18-16
2. The personnel of the Nevada highway patrol appointed pursuant to18-17
subsection 2 of NRS 481.150 have the powers of a peace officer specified18-18
in NRS 481.150 and 481.180.18-19
3. Administrators and investigators of the bureau of enforcement of the18-20
registration division of the department of motor vehicles and public safety18-21
have the powers of a peace officer to enforce any law of the State of18-22
Nevada in carrying out their duties under NRS 481.048.18-23
4. Officers and investigators of the section for the control of emissions18-24
from vehicles of the registration division of the department of motor18-25
vehicles and public safety, appointed pursuant to NRS 481.0481, have the18-26
powers of peace officers in carrying out their duties under that section.18-27
5. Members of the state disaster identification team of the division of18-28
emergency management of the department of motor vehicles and public18-29
safety who are, pursuant to NRS 414.270, activated by the chief of the18-30
division during a state of emergency or declaration of disaster proclaimed18-31
pursuant to NRS 414.070 to perform the duties of the state disaster18-32
identification team, have the powers of peace officers in carrying out those18-33
duties.18-34
Sec. 26. NRS 432.170 is hereby amended to read as follows: 432.170 1. The attorney general shall:18-36
(a) Establish a program to coordinate activities and information in this18-37
state concerning missing or exploited children; and18-38
(b) Appoint a director to administer the provisions of the program.18-39
2. The director is in the unclassified service of the state.18-40
18-41
of NRS 432.150 to 432.220, inclusive, the attorney general may appoint18-42
such assistants or investigators as deemed necessary by the attorney18-43
general.19-1
3. The director may:19-2
(a) Assist any public or private school in establishing a program of19-3
information about missing or exploited children by providing, free of19-4
charge, materials, publications and instructional aids relating to:19-5
(1) Offenses under federal and state law regarding missing or19-6
exploited children and the abuse or neglect of children.19-7
(2) Governmental and private agencies and programs for locating and19-8
identifying missing or exploited children, preventing the abduction or19-9
disappearance of children and preventing the abuse or neglect of children.19-10
(3) Methods of preventing the abduction or disappearance of children.19-11
(4) Techniques for the investigation of cases involving missing or19-12
exploited children.19-13
(5) Any other issue involving missing or exploited children.19-14
(b) Develop and maintain a system of information concerning missing or19-15
exploited children, including information concerning public or private19-16
resources which may be available to such children and their families.19-17
(c) Accept gifts or donations on behalf of the clearinghouse which must19-18
be accounted for separately and used by the director in carrying out the19-19
provisions of NRS 432.150 to 432.220, inclusive.19-20
(d) Enter into agreements with regional and national organizations for19-21
assistance and exchange of information concerning missing or exploited19-22
children.19-23
(e) Assist in the investigation of children who are reported missing in19-24
this state or who are reported abducted or taken from this state.19-25
4. The director may provide the materials, publications and19-26
instructional aids identified in paragraph (a) of subsection 3 to any other19-27
person or governmental agency for a reasonable fee not to exceed the cost19-28
of preparing the materials.19-29
5. The director shall, upon request during a state of emergency or19-30
declaration of disaster proclaimed pursuant to NRS 414.070, provide19-31
records regarding a missing child to the state disaster identification team of19-32
the division of emergency management of the department of motor vehicles19-33
and public safety.19-34
Sec. 27. NRS 481.245 is hereby amended to read as follows: 481.245 1. When a coroner is unable to establish the identity of a19-36
dead body by means other than by dental records, he shall have a dental19-37
examination of the body made by a dentist. The dentist shall prepare a19-38
record of his findings and forward it to the investigation division and to the19-39
central repository for Nevada records of criminal history.19-40
2. Each sheriff, chief of police or other law enforcement agency which19-41
receives a report of a person missing under suspicious circumstances who is19-42
18 years or older shall:20-1
(a) Transmit to the investigation division and to the central repository20-2
for Nevada records of criminal history:20-3
(1) The initial report that contains identifying information concerning20-4
the missing person within 72 hours after the receipt of that report; and20-5
(2) Any subsequent report concerning the missing person within 520-6
working days after the receipt of that report if the report contains additional20-7
identifying information concerning the missing person;20-8
(b) Notify immediately such persons and make inquiries concerning the20-9
missing person as the agency deems necessary; and20-10
(c) Enter the information concerning the missing person into the20-11
computer for the National Crime Information Center and the central20-12
repository for Nevada records of criminal history, if appropriate.20-13
3. The sheriff, chief of police or other law enforcement agency shall20-14
request the written consent of the next of kin or guardian of a person who20-15
has been reported to him as missing for 30 days or more to obtain certain20-16
identifying information about the missing person that the National Crime20-17
Information Center recommends be provided from the appropriate20-18
providers of medical care. After receiving the written consent, the sheriff,20-19
chief of police or other law enforcement agency shall obtain the identifying20-20
information from the providers of medical care and forward that20-21
information and any other relevant information to the investigation division20-22
and to the central repository for Nevada records of criminal history for20-23
comparison with the identifying information that is on file concerning20-24
unidentified deceased persons. This subsection does not prevent the20-25
voluntary release of identifying information about the missing person by the20-26
next of kin or guardian of the missing person at any time.20-27
4. The next of kin or guardian of the person reported as missing shall20-28
promptly notify the appropriate law enforcement agency when the missing20-29
person is found.20-30
5. The sheriff, chief of police or other law enforcement agency shall20-31
inform the investigation division, the central repository for Nevada records20-32
of criminal history and the National Crime Information Center when a20-33
missing person has been found.20-34
6. The investigation division and the central repository for Nevada20-35
records of criminal history shall:20-36
(a) Maintain the records and other information forwarded to them20-37
pursuant to subsections 1, 2 and 3 for the purpose of comparing the records20-38
and otherwise assisting in the identification of dead bodies; and20-39
(b) Upon request during a state of emergency or declaration of disaster20-40
proclaimed pursuant to NRS 414.070, provide the records and other20-41
information that are maintained pursuant to this subsection to the state20-42
disaster identification team of the division of emergency management of the20-43
department.21-1
Sec. 28. 1. The terms of office of all members appointed to the21-2
board of search and rescue who are incumbent on October 1, 1999, expire21-3
on that date.21-4
2. Not later than October 1, 1999, appointments to the board of search21-5
and rescue required to be made pursuant to NRS 414.170, as amended by21-6
section 14 of this act, must be made as follows:21-7
(a) One member who is a representative of the Nevada Wing of the Civil21-8
Air Patrol, one member who is a representative of the Nevada National21-9
Guard, two members who are representatives of the Nevada Sheriffs and21-10
Chiefs Association and one member who is a representative of the health21-11
division of the department of human resources must be appointed to terms21-12
expiring on October 1, 2000.21-13
(b) Two members who are representatives of the Nevada Sheriffs and21-14
Chiefs Association, one member who is a representative of the division of21-15
forestry, one member who is a representative of a search and rescue21-16
organization of a law enforcement agency and one member who is a21-17
representative of the Nevada Fire Chiefs’ Association must be appointed to21-18
terms expiring on October 1, 2001.21-19
3. A member of the board of search and rescue whose term of office21-20
expires pursuant to subsection 1 may be appointed to succeed himself.21-21
Sec. 29. Section 11 of this act becomes effective at 12:01 a.m. on21-22
October 1, 1999.~