Amendment No. 1185

Assembly Amendment to Assembly Bill No. 679 (BDR 43-1609)

Proposed by: Committee on Ways and Means

Amendment Box: Resolves conflict in section 4 with S.B. No. 183. Resolves conflict in section 50 with section 44 of A.B. No. 305. Resolves conflict in section 47 with section 25 of A.B. No. 626. Makes substantive changes.

Resolves Conflicts with: SB183, AB305, AB626

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 2, by deleting line 4 and inserting:

"division of compliance enforcement.".

Amend sec. 2, page 2, line 7, by deleting "section." and inserting "division.".

Amend sec. 4, page 4, by deleting lines 16 and 17 and inserting:

"(13) Investigators and administrators of the [bureau] division of compliance enforcement of the [registration".

Amend sec. 4, page 4, line 32, after "in" by inserting:

"the State of".

Amend sec. 4, page 4, line 38, by deleting "arrests; and" and inserting "arrests;".

Amend sec. 4, page 4, line 41, by deleting "department." and inserting:

"department; and

(22) Criminal investigators who are employed by the secretary of state.".

Amend sec. 6, page 5, line 15, after "of" by inserting "compliance".

Amend sec. 6, page 5, by deleting line 27 and inserting:

"[(j)] (8) A training division.

(c) Such other branches or divisions as the director may from time".

Amend sec. 7, page 7, between lines 28 and 29, by inserting:

"(i) The training division shall provide training to the employees of the department.".

Amend sec. 43, page 22, by deleting line 4 and inserting:

"division of compliance enforcement of the".

Amend sec. 47, page 25, by deleting lines 35 and 36 and inserting:

"3. Administrators and investigators of the [bureau] division of compliance enforcement of the [registration".

Amend sec. 50, page 28, by deleting lines 16 and 17 and inserting:

"5. An investigator of the [bureau] division of compliance enforcement of the [registration division] motor vehicles".

Amend sec. 50, page 28, by deleting lines 29 and 30 and inserting:

"9. A forensic specialist or correctional officer employed by the division of mental health and developmental services of the department of human".

Amend the bill as a whole by renumbering sec. 52 as sec. 53 and adding a new section designated sec. 52, following sec. 51, to read as follows:

"Sec. 52. Section 25 of Assembly Bill No. 626 of this session is hereby amended to read as follows:

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:

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

(b) The chiefs of the divisions of the department of motor vehicles and public safety.

(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.

(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.

(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.

2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.

3. Administrators and investigators of the division of compliance enforcement of the motor vehicles branch of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.

4. Officers and investigators of the section for the control of emissions from vehicles of the motor vehicles branch of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

5. Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.".

Amend the bill as a whole by renumbering sections 53 through 55 as sections 56 through 58 and adding new sections designated sections 54 and 55, following sec. 52, to read as follows:

"Sec. 54. The Governor shall review the organization of the department of motor vehicles and public safety as reorganized pursuant to the amendatory provisions of this act, determine whether the organization of the department requires any additional changes and notify the interim finance committee before January 1, 2000, of his determination. Notwithstanding any provision of Title 43 of NRS to the contrary, any changes in the organization of the department of motor vehicles and public safety included in the Governor’s determination may be made upon approval of the interim finance committee. A plan describing any such changes must be approved by the Governor before it is submitted to the interim finance committee for approval.

Sec. 55. Notwithstanding the provisions of chapter 284 of NRS and any administrative regulations and personnel policies to the contrary:

1. Other than terminations and resignations, all personnel actions, including, without limitation, appointments, transfers, promotions and the filling of vacancies, that are carried out to implement, or are in any way related to, the reorganization of the department of motor vehicles and public safety pursuant to the amendatory provisions of this act shall be deemed temporary actions until January 1, 2000.

2. A state officer or employee who through an appointment, transfer, promotion or other personnel action that is made temporary by subsection 1 does not lose any rights or privileges of state employment except any right to the specific temporary position.".

Amend sec. 54, page 29, by deleting lines 33 through 36 and inserting:

"1. This section and sections 1, 2, 3, 5 to 56, inclusive, and 58 of this act become effective on July 1, 1999; and

2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1999.".