Senate Bill No. 155–Committee on Transportation

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

February 10, 1999

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Referred to Committee on Transportation

 

SUMMARY—Consolidates section for control of emissions from vehicles and bureau of enforcement within registration division of department of motor vehicles and public safety. (BDR 43-754)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 the department of motor vehicles and public safety; abolishing the section for the control of emissions from vehicles within the registration division of the department; transferring the duties of the section to the bureau of enforcement within the registration division of the department; 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. NRS 481.048 is hereby amended to read as follows:

1-2 481.048 1. There is hereby created, within the registration division of

1-3 the department, the bureau of enforcement.

1-4 2. The director shall appoint, within the limits of legislative

1-5 appropriations, investigators , officers and technicians in the bureau of

1-6 enforcement of the registration division of the department.

1-7 3. The duties of the investigators are to travel the state and:

1-8 (a) Act as investigators in the enforcement of the provisions of [chapters

1-9 482 and 487 of NRS,] NRS 108.265 to 108.360, inclusive, [and] 108.440

1-10 to 108.500, inclusive, chapters 366 and 371 of NRS, NRS 445B.700 to

1-11 445B.845, inclusive, NRS 484.644 and 484.6441, and chapters 487 and

1-12 706 of NRS, as those [sections] provisions pertain to motor vehicles,

1-13 trailers, motorcycles, recreational vehicles and semitrailers, as defined in

1-14 chapter 482 of NRS.

2-1 (b) Act as [adviser to dealers in connection with any problems arising

2-2 under the provisions of that chapter.] advisers to holders of occupational

2-3 licenses obtained pursuant to the provisions of NRS that are enforced by

2-4 the bureau of enforcement.

2-5 (c) Cooperate with personnel of [the Nevada highway patrol] a law

2-6 enforcement agency in the enforcement of the motor vehicle laws as they

2-7 pertain to [dealers.] holders of occupational licenses obtained pursuant to

2-8 the provisions of NRS that are enforced by the bureau of enforcement.

2-9 (d) Cooperate with the division of environmental protection of the

2-10 state department of conservation and natural resources in all matters

2-11 pertaining to the control of emissions from vehicles.

2-12 (e) Perform such other duties as may be imposed by the director.

2-13 4. The duties of the officers and technicians are to travel the state

2-14 and:

2-15 (a) Act as agents and inspectors in the enforcement of the provisions

2-16 of NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS and NRS

2-17 484.644 and 484.6441.

2-18 (b) Cooperate with the division of environmental protection of the

2-19 state department of conservation and natural resources in all matters

2-20 pertaining to the control of emissions from vehicles.

2-21 (c) Perform such other duties as may be imposed by the director.

2-22 Sec. 2. NRS 481.053 is hereby amended to read as follows:

2-23 481.053 1. The governor shall appoint the peace officers’ standards

2-24 and training committee.

2-25 2. The committee consists of seven members, one appointed from

2-26 Clark County, one from Washoe County, three from any other counties, one

2-27 from category II peace officers and one from category III peace officers.

2-28 Members serve terms of 2 years [from] after the date of appointment.

2-29 Members serve without compensation but are entitled to the per diem

2-30 allowance and travel expenses provided by law for state officers and

2-31 employees generally.

2-32 3. The governor shall make the appointments from recommendations

2-33 submitted by Clark County, Washoe County, professional organizations of

2-34 sheriffs and police chiefs of this state, category II peace officers and

2-35 category III peace officers.

2-36 4. The committee shall:

2-37 (a) Meet at the call of the chairman, who must be elected by the

2-38 members of the committee.

2-39 (b) Provide for and encourage the training and education of peace

2-40 officers in order to improve the system of criminal justice.

2-41 (c) Adopt regulations establishing minimum standards for the

2-42 certification and decertification, recruitment, selection and training of peace

2-43 officers.

3-1 (d) Make necessary inquiries to determine whether agencies of the state

3-2 and of local governments are complying with standards set forth in its

3-3 regulations.

3-4 (e) Carry out the duties required of the committee pursuant to NRS

3-5 432B.610 and 432B.620.

3-6 5. Regulations adopted by the committee:

3-7 (a) Apply to all agencies of the state and of local governments which

3-8 employ persons as peace officers;

3-9 (b) Must require that all peace officers receive training in the handling

3-10 of cases involving abuse or neglect of children or missing children; and

3-11 (c) May require that training be carried on at institutions which it

3-12 approves in those regulations.

3-13 6. The director may adopt regulations necessary for the operation of

3-14 the committee and the enforcement of laws administered by the committee.

3-15 7. As used in this section:

3-16 (a) "Category II peace officer" means:

3-17 (1) The bailiff of the supreme court;

3-18 (2) The bailiffs of the district courts, justices’ courts and municipal

3-19 courts whose duties require them to carry weapons and make arrests;

3-20 (3) Constables and their deputies whose official duties require them to

3-21 carry weapons and make arrests;

3-22 (4) Inspectors employed by the transportation services authority who

3-23 exercise those powers of enforcement conferred by chapters 706 and 712 of

3-24 NRS;

3-25 (5) Parole and probation officers;

3-26 (6) Special investigators who are employed full time by the office of

3-27 any district attorney or the attorney general;

3-28 (7) Investigators of arson for fire departments who are specially

3-29 designated by the appointing authority;

3-30 (8) The assistant and deputies of the state fire marshal;

3-31 (9) The brand inspectors of the division of agriculture of the

3-32 department of business and industry who exercise the powers of

3-33 enforcement conferred in chapter 565 of NRS;

3-34 (10) Investigators for the state forester firewarden who are specially

3-35 designated by him and whose primary duties are the investigation of arson;

3-36 (11) School police officers employed by the board of trustees of any

3-37 county school district;

3-38 (12) Agents of the state gaming control board who exercise the

3-39 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

3-40 except those agents whose duties relate primarily to auditing, accounting,

3-41 the collection of taxes or license fees, or the investigation of applicants for

3-42 licenses;

4-1 (13) Investigators , officers, technicians and administrators of the

4-2 bureau of enforcement of the registration division of the department of

4-3 motor vehicles and public safety who perform the duties specified in

4-4 [subsection 3 of] NRS 481.048;

4-5 (14) [Officers and investigators of the section for the control of

4-6 emissions from vehicles of the registration division of the department of

4-7 motor vehicles and public safety who perform the duties specified in

4-8 subsection 3 of NRS 481.0481;

4-9 (15)] Legislative police officers of the State of Nevada;

4-10 [(16)] (15) The personnel of the capitol police division of the

4-11 department of motor vehicles and public safety appointed pursuant to

4-12 subsection 2 of NRS 331.140;

4-13 [(17)] (16) Parole counselors of the division of child and family

4-14 services of the department of human resources;

4-15 [(18)] (17) Juvenile probation officers and deputy juvenile probation

4-16 officers employed by the various judicial districts in Nevada or by a

4-17 department of family, youth and juvenile services established pursuant to

4-18 NRS 62.1264 whose official duties require them to enforce court orders on

4-19 juvenile offenders and make arrests;

4-20 [(19)] (18) Field investigators of the taxicab authority;

4-21 [(20)] (19) Security officers employed full time by a city or county

4-22 whose official duties require them to carry weapons and make arrests; and

4-23 [(21)] (20) The chief of a department of alternative sentencing created

4-24 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

4-25 employed by that department.

4-26 (b) "Category III peace officer" means peace officers whose authority is

4-27 limited to correctional services, and includes the superintendents and

4-28 correctional officers of the department of prisons.

4-29 Sec. 3. NRS 289.270 is hereby amended to read as follows:

4-30 289.270 1. The following persons have the powers of a peace officer:

4-31 (a) The director of the department of motor vehicles and public safety.

4-32 (b) The chiefs of the divisions of the department of motor vehicles and

4-33 public safety.

4-34 (c) The deputy directors of the department of motor vehicles and public

4-35 safety employed pursuant to subsection 2 of NRS 481.035.

4-36 (d) The investigators and agents of the investigation division of the

4-37 department of motor vehicles and public safety and any other officer or

4-38 employee of that division whose principal duty is to enforce one or more

4-39 laws of this state, and any person promoted from such a duty to a

4-40 supervisory position related to such a duty.

4-41 (e) The personnel of the capitol police division of the department of

4-42 motor vehicles and public safety appointed pursuant to subsection 2 of

4-43 NRS 331.140.

5-1 2. The personnel of the Nevada highway patrol appointed pursuant to

5-2 subsection 2 of NRS 481.150 have the powers of a peace officer specified

5-3 in NRS 481.150 and 481.180.

5-4 3. Administrators , [and] investigators , officers and technicians of the

5-5 bureau of enforcement of the registration division of the department of

5-6 motor vehicles and public safety have the powers of a peace officer to

5-7 enforce any law of the State of Nevada in carrying out their duties [under]

5-8 pursuant to NRS 481.048.

5-9 4. [Officers and investigators of the section for the control of emissions

5-10 from vehicles of the registration division of the department of motor

5-11 vehicles and public safety, appointed pursuant to NRS 481.0481, have the

5-12 powers of peace officers in carrying out their duties under that section.

5-13 5.] Members of the state disaster identification team of the division of

5-14 emergency management of the department of motor vehicles and public

5-15 safety who are, pursuant to NRS 414.270, activated by the chief of the

5-16 division during a state of emergency proclaimed pursuant to NRS 414.070

5-17 to perform the duties of the state disaster identification team, have the

5-18 powers of peace officers in carrying out those duties.

5-19 Sec. 4. NRS 289.400 is hereby amended to read as follows:

5-20 289.400 In addition to the compensation required by NRS 281.121, a

5-21 state agency that employs a person:

5-22 1. Upon whom some or all of the powers of a peace officer are

5-23 conferred pursuant to subsection 1 of NRS 289.180, subsection 1 of NRS

5-24 289.220 or subsection 2 or [5] 4 of NRS 289.270; and

5-25 2. Who is required to purchase and wear his own uniform or other

5-26 clothing, accessories or safety equipment while performing his duties for

5-27 the state as a peace officer,

5-28 may, after first obtaining the written approval of the director of the

5-29 department of administration, reimburse that person for the cost to repair or

5-30 replace his required uniform or other clothing, accessories or safety

5-31 equipment if it is damaged or destroyed, by means other than ordinary wear

5-32 and tear, while he is performing his duties for the state as a peace officer.

5-33 Sec. 5. NRS 481.0481 is hereby repealed.

5-34 Sec. 6. This act becomes effective upon passage and approval.

 

5-35 TEXT OF REPEALED SECTION

 

5-36 481.0481 Section for control of emissions from vehicles: Creation;

5-37 appointment and duties of investigators, officers and technicians.

5-38 1. There is hereby created, within the registration division of the

5-39 department, a section for the control of emissions from vehicles.

6-1 2. The director shall appoint, within the limits of legislative

6-2 appropriations, investigators, officers and technicians for the control of

6-3 emissions from vehicles.

6-4 3. The duties of the investigators, officers and technicians are to travel

6-5 the state and:

6-6 (a) Act as agents and inspectors in the enforcement of the provisions of

6-7 NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS and NRS

6-8 484.644 and 484.6441.

6-9 (b) Cooperate with the division of environmental protection of the state

6-10 department of conservation and natural resources in all matters pertaining

6-11 to the control of emissions from vehicles.

6-12 (c) Perform such other duties as may be imposed by the director.

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