Senate Bill No. 193–Senators Rawson, O’Donnell and Jacobsen

February 15, 1999

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Referred to Committee on Finance

 

SUMMARY—Makes various changes relating to emergency management. (BDR 36-883)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

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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 emergency management; limiting the amount of the balance remaining in the emergency assistance account within the disaster relief fund at the end of a fiscal year that may be allocated by the state emergency response commission; providing for the activation of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety upon the request of a political subdivision in certain circumstances; making an appropriation to the division; 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 414.135 is hereby amended to read as follows:

1-2 414.135 1. There is hereby created the emergency assistance account

1-3 within the disaster relief fund created pursuant to NRS 353.2735.

1-4 Beginning with the fiscal year that begins on July 1, 1999, the state

1-5 controller shall, at the end of each fiscal year, transfer the interest earned

1-6 during the previous fiscal year on the money in the disaster relief fund to

1-7 the account in an amount not to exceed $500,000.

1-8 2. The state emergency response commission shall administer the

1-9 account. The commission may adopt regulations authorized by this section

1-10 before, on or after July 1, 1999.

1-11 3. All expenditures from the account must be approved in advance by

1-12 the commission. Except as otherwise provided in subsection 4, all money in

1-13 the account must be expended solely to:

2-1 (a) Provide supplemental emergency assistance to this state or to local

2-2 governments in this state that are severely and adversely affected by a

2-3 natural or technological emergency or disaster for which available

2-4 resources of this state or the local government are inadequate to provide a

2-5 satisfactory remedy; and

2-6 (b) Pay any actual expenses incurred by the commission for

2-7 administration during a natural or technological emergency or disaster.

2-8 4. Beginning with the fiscal year that begins on July 1, 1999, if any

2-9 balance remains in the account at the end of a fiscal year and the balance

2-10 has not otherwise been committed for expenditure, the commission may,

2-11 with the approval of the interim finance committee, allocate all or any

2-12 portion of the remaining balance , not to exceed $250,000, to this state or

2-13 to a local government to:

2-14 (a) Purchase equipment or supplies required for emergency

2-15 management; and

2-16 (b) Provide training to personnel related to emergency management.

2-17 5. Beginning with the fiscal year that begins on July 1, 1999, the

2-18 commission shall, at the end of each quarter of a fiscal year, submit to the

2-19 interim finance committee a report of the expenditures made from the

2-20 account for the previous quarter.

2-21 6. The commission shall adopt such regulations as are necessary to

2-22 administer the account.

2-23 7. The commission may adopt regulations to provide for

2-24 reimbursement of expenditures made from the account. If the commission

2-25 requires such reimbursement, the attorney general shall take such action as

2-26 is necessary to recover the amount of any unpaid reimbursement plus

2-27 interest at a rate determined pursuant to NRS 17.130, computed from the

2-28 date on which the money was removed from the fund, upon request by the

2-29 commission.

2-30 Sec. 2. NRS 414.270 is hereby amended to read as follows:

2-31 414.270 A state disaster identification team is hereby established

2-32 within the division of emergency management of the department of motor

2-33 vehicles and public safety. The chief:

2-34 1. Shall assign persons with expertise in various fields to the state

2-35 disaster identification team; and

2-36 2. May activate such persons [during a state of emergency proclaimed

2-37 pursuant to NRS 414.070] to perform the duties of the state disaster

2-38 identification team [.] :

2-39 (a) During a state of emergency proclaimed pursuant to NRS 414.070;

2-40 or

2-41 (b) Upon the request of a political subdivision of this state if the chief

2-42 determines that the political subdivision requires the services of the state

2-43 disaster identification team.

3-1 Sec. 3. NRS 414.280 is hereby amended to read as follows:

3-2 414.280 [The] Upon activation, the state disaster identification team

3-3 shall:

3-4 1. Provide technical assistance and personnel to local authorities to

3-5 recover, identify and process deceased victims . [during a state of

3-6 emergency.]

3-7 2. Within 2 hours after [the notification of a state of emergency,]

3-8 activation, begin to identify and report to the chief the need for medical

3-9 and health services to:

3-10 (a) Establish temporary facilities to be used as a morgue.

3-11 (b) Identify deceased victims by using, without limitation, latent

3-12 fingerprints and the forensic methods of dentistry, pathology and

3-13 anthropology.

3-14 (c) Process and dispose of the remains of deceased victims.

3-15 Sec. 4. NRS 414.290 is hereby amended to read as follows:

3-16 414.290 [The] In carrying out its duties pursuant to NRS 414.280,

3-17 the state disaster identification team may [, during a state of emergency,]

3-18 have access to:

3-19 1. The information that is contained in the central repository for

3-20 Nevada records of criminal history pursuant to NRS 179A.075.

3-21 2. The records of criminal history maintained by an agency of criminal

3-22 justice pursuant to NRS 179A.100.

3-23 3. The records of missing children maintained by the attorney general

3-24 pursuant to NRS 432.170.

3-25 4. The records and information concerning missing persons maintained

3-26 by the investigation division of the department of motor vehicles and public

3-27 safety pursuant to NRS 481.245.

3-28 Sec. 5. NRS 414.300 is hereby amended to read as follows:

3-29 414.300 The department of motor vehicles and public safety shall

3-30 adopt regulations to govern the state disaster identification team. The

3-31 regulations must include, without limitation:

3-32 1. Guidelines for the chief to:

3-33 (a) Assign persons to positions on the state disaster identification team;

3-34 and

3-35 (b) Determine which members of the state disaster identification team

3-36 may be activated [during a state of emergency.] pursuant to NRS 414.270.

3-37 2. Provisions governing the organization, administration and operation

3-38 of the state disaster identification team.

3-39 3. The compensation, if any, to be paid by the department to a member

3-40 of the state disaster identification team who is activated [during a state of

3-41 emergency.] pursuant to NRS 414.270.

4-1 Sec. 6. NRS 179A.075 is hereby amended to read as follows:

4-2 179A.075 1. The central repository for Nevada records of criminal

4-3 history is hereby created within the Nevada highway patrol division of the

4-4 department.

4-5 2. Each agency of criminal justice and any other agency dealing with

4-6 crime or delinquency of children shall:

4-7 (a) Collect and maintain records, reports and compilations of statistical

4-8 data required by the department; and

4-9 (b) Submit the information collected to the central repository in the

4-10 manner recommended by the advisory committee and approved by the

4-11 director of the department.

4-12 3. Each agency of criminal justice shall submit the information relating

4-13 to sexual offenses and other records of criminal history it collects, and any

4-14 information in its possession relating to the genetic markers of the blood

4-15 and the secretor status of the saliva of a person who is convicted of sexual

4-16 assault or any other sexual offense, to the division in the manner prescribed

4-17 by the director of the department. A report of disposition must be submitted

4-18 to the division:

4-19 (a) Through an electronic network;

4-20 (b) On a medium of magnetic storage; or

4-21 (c) In the manner prescribed by the director of the department,

4-22 within 30 days after the date of disposition. If an agency has submitted a

4-23 record regarding the arrest of a person who is later determined by the

4-24 agency not to be the person who committed the particular crime, the agency

4-25 shall, immediately upon making that determination, so notify the division.

4-26 The division shall delete all references in the central repository relating to

4-27 that particular arrest.

4-28 4. The division shall:

4-29 (a) Collect, maintain and arrange all information submitted to it relating

4-30 to:

4-31 (1) Sexual offenses and other records of criminal history; and

4-32 (2) The genetic markers of the blood and the secretor status of the

4-33 saliva of a person who is convicted of sexual assault or any other sexual

4-34 offense.

4-35 (b) Use a record of the subject’s fingerprints as the basis for any records

4-36 maintained regarding him.

4-37 (c) Upon request , [during a state of emergency proclaimed pursuant to

4-38 NRS 414.070,] provide the information that is contained in the central

4-39 repository to the state disaster identification team of the division of

4-40 emergency management of the department of motor vehicles and public

4-41 safety.

5-1 5. The division may:

5-2 (a) Disseminate any information which is contained in the central

5-3 repository to any other agency of criminal justice;

5-4 (b) Enter into cooperative agreements with federal and state repositories

5-5 to facilitate exchanges of such information; and

5-6 (c) Request of and receive from the Federal Bureau of Investigation

5-7 information on the background and personal history of any person:

5-8 (1) Who has applied to any agency of the state or any political

5-9 subdivision for a license which it has the power to grant or deny;

5-10 (2) With whom any agency of the state or any political subdivision

5-11 intends to enter into a relationship of employment or a contract for personal

5-12 services;

5-13 (3) About whom any agency of the state or any political subdivision

5-14 has a legitimate need to have accurate personal information for the

5-15 protection of the agency or the persons within its jurisdiction; or

5-16 (4) For whom such information is required to be obtained pursuant to

5-17 NRS 449.179.

5-18 6. The central repository shall:

5-19 (a) Collect and maintain records, reports and compilations of statistical

5-20 data submitted by any agency pursuant to subsection 2.

5-21 (b) Tabulate and analyze all records, reports and compilations of

5-22 statistical data received pursuant to this section.

5-23 (c) Disseminate to federal agencies engaged in the collection of

5-24 statistical data relating to crime information which is contained in the

5-25 central repository.

5-26 (d) Investigate the criminal history of any person who:

5-27 (1) Has applied to the superintendent of public instruction for a

5-28 license;

5-29 (2) Has applied to a county school district for employment; or

5-30 (3) Is employed by a county school district,

5-31 and notify the superintendent of each county school district and the

5-32 superintendent of public instruction if the investigation of the central

5-33 repository indicates that the person has been convicted of a violation of

5-34 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

5-35 felony or any offense involving moral turpitude.

5-36 (e) Upon discovery, notify the superintendent of each county school

5-37 district by providing him with a list of all persons:

5-38 (1) Investigated pursuant to paragraph (d); or

5-39 (2) Employed by a county school district whose fingerprints were sent

5-40 previously to the central repository for investigation,

5-41 who the central repository’s records indicate have been convicted of a

5-42 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

5-43 convicted of a felony or any offense involving moral turpitude since the

6-1 central repository’s initial investigation. The superintendent of each county

6-2 school district shall determine whether further investigation or action by the

6-3 district is appropriate.

6-4 (f) Investigate the criminal history of each person who submits

6-5 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

6-6 449.179.

6-7 (g) On or before July 1 of each year, prepare and present to the governor

6-8 a printed annual report containing the statistical data relating to crime

6-9 received during the preceding calendar year. Additional reports may be

6-10 presented to the governor throughout the year regarding specific areas of

6-11 crime if they are recommended by the advisory committee and approved by

6-12 the director of the department.

6-13 (h) On or before January 31 of each odd-numbered year, prepare and

6-14 submit to the director of the legislative counsel bureau, for submission to

6-15 the legislature, a report containing statistical data about domestic violence

6-16 in this state.

6-17 (i) Identify and review the collection and processing of statistical data

6-18 relating to criminal justice and delinquency of children by any agency

6-19 identified in subsection 2, and make recommendations for any necessary

6-20 changes in the manner of collecting and processing statistical data by any

6-21 such agency.

6-22 7. The central repository may:

6-23 (a) At the recommendation of the advisory committee and in the manner

6-24 prescribed by the director of the department, disseminate compilations of

6-25 statistical data and publish statistical reports relating to crime or

6-26 delinquency of children.

6-27 (b) Charge a reasonable fee for any publication or special report it

6-28 distributes relating to data collected pursuant to this section. The central

6-29 repository may not collect such a fee from an agency of criminal justice,

6-30 any other agency dealing with crime or delinquency of children which is

6-31 required to submit information pursuant to subsection 2 or the state disaster

6-32 identification team of the division of emergency management of the

6-33 department of motor vehicles and public safety. All money collected

6-34 pursuant to this paragraph must be used to pay for the cost of operating the

6-35 central repository.

6-36 8. As used in this section, "advisory committee" means the committee

6-37 established by the director of the department pursuant to NRS 179A.078.

6-38 Sec. 7. NRS 179A.100 is hereby amended to read as follows:

6-39 179A.100 1. The following records of criminal history may be

6-40 disseminated by an agency of criminal justice without any restriction

6-41 pursuant to this chapter:

7-1 (a) Any which reflect records of conviction only; and

7-2 (b) Any which pertain to an incident for which a person is currently

7-3 within the system of criminal justice, including parole or probation.

7-4 2. Without any restriction pursuant to this chapter, a record of criminal

7-5 history or the absence of such a record may be:

7-6 (a) Disclosed among agencies which maintain a system for the mutual

7-7 exchange of criminal records.

7-8 (b) Furnished by one agency to another to administer the system of

7-9 criminal justice, including the furnishing of information by a police

7-10 department to a district attorney.

7-11 (c) Reported to the central repository.

7-12 3. An agency of criminal justice shall disseminate to a prospective

7-13 employer, upon request, records of criminal history concerning a

7-14 prospective employee or volunteer which:

7-15 (a) Reflect convictions only; or

7-16 (b) Pertain to an incident for which the prospective employee or

7-17 volunteer is currently within the system of criminal justice, including parole

7-18 or probation.

7-19 4. The central repository shall disseminate to a prospective or current

7-20 employer, upon request, information relating to sexual offenses concerning

7-21 an employee, prospective employee, volunteer or prospective volunteer

7-22 who gives his written consent to the release of that information.

7-23 5. Records of criminal history must be disseminated by an agency of

7-24 criminal justice upon request, to the following persons or governmental

7-25 entities:

7-26 (a) The person who is the subject of the record of criminal history for

7-27 the purposes of NRS 179A.150.

7-28 (b) The person who is the subject of the record of criminal history or his

7-29 attorney of record when the subject is a party in a judicial, administrative,

7-30 licensing, disciplinary or other proceeding to which the information is

7-31 relevant.

7-32 (c) The state gaming control board.

7-33 (d) The state board of nursing.

7-34 (e) The private investigator’s licensing board to investigate an applicant

7-35 for a license.

7-36 (f) A public administrator to carry out his duties as prescribed in chapter

7-37 253 of NRS.

7-38 (g) A public guardian to investigate a ward or proposed ward or persons

7-39 who may have knowledge of assets belonging to a ward or proposed ward.

7-40 (h) Any agency of criminal justice of the United States or of another

7-41 state or the District of Columbia.

8-1 (i) Any public utility subject to the jurisdiction of the public utilities

8-2 commission of Nevada when the information is necessary to conduct a

8-3 security investigation of an employee or prospective employee, or to

8-4 protect the public health, safety or welfare.

8-5 (j) Persons and agencies authorized by statute, ordinance, executive

8-6 order, court rule, court decision or court order as construed by appropriate

8-7 state or local officers or agencies.

8-8 (k) Any person or governmental entity which has entered into a contract

8-9 to provide services to an agency of criminal justice relating to the

8-10 administration of criminal justice, if authorized by the contract, and if the

8-11 contract also specifies that the information will be used only for stated

8-12 purposes and that it will be otherwise confidential in accordance with state

8-13 and federal law and regulation.

8-14 (l) Any reporter for the electronic or printed media in his professional

8-15 capacity for communication to the public.

8-16 (m) Prospective employers if the person who is the subject of the

8-17 information has given written consent to the release of that information by

8-18 the agency which maintains it.

8-19 (n) For the express purpose of research, evaluative or statistical

8-20 programs pursuant to an agreement with an agency of criminal justice.

8-21 (o) The division of child and family services of the department of human

8-22 resources and any county agency that is operated pursuant to NRS

8-23 432B.325 or authorized by a court of competent jurisdiction to receive and

8-24 investigate reports of abuse or neglect of children and which provides or

8-25 arranges for protective services for such children.

8-26 (p) The welfare division of the department of human resources or its

8-27 designated representative.

8-28 (q) An agency of this or any other state or the Federal Government that

8-29 is conducting activities pursuant to Part D of Title IV of the Social Security

8-30 Act (42 U.S.C. §§ 651 et seq.).

8-31 (r) The state disaster identification team of the division of emergency

8-32 management of the department of motor vehicles and public safety . [during

8-33 a state of emergency proclaimed pursuant to NRS 414.070.]

8-34 6. Agencies of criminal justice in this state which receive information

8-35 from sources outside this state concerning transactions involving criminal

8-36 justice which occur outside Nevada shall treat the information as

8-37 confidentially as is required by the provisions of this chapter.

8-38 Sec. 8. NRS 289.270 is hereby amended to read as follows:

8-39 289.270 1. The following persons have the powers of a peace officer:

8-40 (a) The director of the department of motor vehicles and public safety.

9-1 (b) The chiefs of the divisions of the department of motor vehicles and

9-2 public safety.

9-3 (c) The deputy directors of the department of motor vehicles and public

9-4 safety employed pursuant to subsection 2 of NRS 481.035.

9-5 (d) The investigators and agents of the investigation division of the

9-6 department of motor vehicles and public safety and any other officer or

9-7 employee of that division whose principal duty is to enforce one or more

9-8 laws of this state, and any person promoted from such a duty to a

9-9 supervisory position related to such a duty.

9-10 (e) The personnel of the capitol police division of the department of

9-11 motor vehicles and public safety appointed pursuant to subsection 2 of

9-12 NRS 331.140.

9-13 2. The personnel of the Nevada highway patrol appointed pursuant to

9-14 subsection 2 of NRS 481.150 have the powers of a peace officer specified

9-15 in NRS 481.150 and 481.180.

9-16 3. Administrators and investigators of the bureau of enforcement of the

9-17 registration division of the department of motor vehicles and public safety

9-18 have the powers of a peace officer to enforce any law of the State of

9-19 Nevada in carrying out their duties [under] pursuant to NRS 481.048.

9-20 4. Officers and investigators of the section for the control of emissions

9-21 from vehicles of the registration division of the department of motor

9-22 vehicles and public safety, appointed pursuant to NRS 481.0481, have the

9-23 powers of peace officers in carrying out their duties under that section.

9-24 5. Members of the state disaster identification team of the division of

9-25 emergency management of the department of motor vehicles and public

9-26 safety who are, pursuant to NRS 414.270, activated by the chief of the

9-27 division [during a state of emergency proclaimed pursuant to NRS

9-28 414.070] to perform the duties of the state disaster identification team, have

9-29 the powers of peace officers in carrying out those duties.

9-30 Sec. 9. NRS 432.170 is hereby amended to read as follows:

9-31 432.170 1. The attorney general shall:

9-32 (a) Establish a program to coordinate activities and information in this

9-33 state concerning missing or exploited children; and

9-34 (b) Appoint a director to administer the provisions of the program.

9-35 2. The director is in the unclassified service of the state. For the

9-36 purposes of assisting the director in carrying out the provisions of NRS

9-37 432.150 to 432.220, inclusive, the attorney general may appoint such

9-38 assistants or investigators as deemed necessary by the attorney general.

9-39 3. The director may:

9-40 (a) Assist any public or private school in establishing a program of

9-41 information about missing or exploited children by providing, free of

9-42 charge, materials, publications and instructional aids relating to:

10-1 (1) Offenses under federal and state law regarding missing or

10-2 exploited children and the abuse or neglect of children.

10-3 (2) Governmental and private agencies and programs for locating and

10-4 identifying missing or exploited children, preventing the abduction or

10-5 disappearance of children and preventing the abuse or neglect of children.

10-6 (3) Methods of preventing the abduction or disappearance of children.

10-7 (4) Techniques for the investigation of cases involving missing or

10-8 exploited children.

10-9 (5) Any other issue involving missing or exploited children.

10-10 (b) Develop and maintain a system of information concerning missing or

10-11 exploited children, including information concerning public or private

10-12 resources which may be available to such children and their families.

10-13 (c) Accept gifts or donations on behalf of the clearinghouse which must

10-14 be accounted for separately and used by the director in carrying out the

10-15 provisions of NRS 432.150 to 432.220, inclusive.

10-16 (d) Enter into agreements with regional and national organizations for

10-17 assistance and exchange of information concerning missing or exploited

10-18 children.

10-19 (e) Assist in the investigation of children who are reported missing in

10-20 this state or who are reported abducted or taken from this state.

10-21 4. The director may provide the materials, publications and

10-22 instructional aids identified in paragraph (a) of subsection 3 to any other

10-23 person or governmental agency for a reasonable fee not to exceed the cost

10-24 of preparing the materials.

10-25 5. The director shall, upon request , [during a state of emergency

10-26 proclaimed pursuant to NRS 414.070,] provide records regarding a missing

10-27 child to the state disaster identification team of the division of emergency

10-28 management of the department of motor vehicles and public safety.

10-29 Sec. 10. NRS 481.245 is hereby amended to read as follows:

10-30 481.245 1. When a coroner is unable to establish the identity of a

10-31 dead body by means other than by dental records, he shall have a dental

10-32 examination of the body made by a dentist. The dentist shall prepare a

10-33 record of his findings and forward it to the investigation division and to the

10-34 central repository for Nevada records of criminal history.

10-35 2. Each sheriff, chief of police or other law enforcement agency which

10-36 receives a report of a person missing under suspicious circumstances who is

10-37 18 years or older shall:

10-38 (a) Transmit to the investigation division and to the central repository

10-39 for Nevada records of criminal history:

11-1 (1) The initial report that contains identifying information concerning

11-2 the missing person within 72 hours after the receipt of that report; and

11-3 (2) Any subsequent report concerning the missing person within 5

11-4 working days after the receipt of that report if the report contains additional

11-5 identifying information concerning the missing person;

11-6 (b) Notify immediately such persons and make inquiries concerning the

11-7 missing person as the agency deems necessary; and

11-8 (c) Enter the information concerning the missing person into the

11-9 computer for the National Crime Information Center and the central

11-10 repository for Nevada records of criminal history, if appropriate.

11-11 3. The sheriff, chief of police or other law enforcement agency shall

11-12 request the written consent of the next of kin or guardian of a person who

11-13 has been reported to him as missing for 30 days or more to obtain certain

11-14 identifying information about the missing person that the National Crime

11-15 Information Center recommends be provided from the appropriate

11-16 providers of medical care. After receiving the written consent, the sheriff,

11-17 chief of police or other law enforcement agency shall obtain the identifying

11-18 information from the providers of medical care and forward that

11-19 information and any other relevant information to the investigation division

11-20 and to the central repository for Nevada records of criminal history for

11-21 comparison with the identifying information that is on file concerning

11-22 unidentified deceased persons. This subsection does not prevent the

11-23 voluntary release of identifying information about the missing person by the

11-24 next of kin or guardian of the missing person at any time.

11-25 4. The next of kin or guardian of the person reported as missing shall

11-26 promptly notify the appropriate law enforcement agency when the missing

11-27 person is found.

11-28 5. The sheriff, chief of police or other law enforcement agency shall

11-29 inform the investigation division, the central repository for Nevada records

11-30 of criminal history and the National Crime Information Center when a

11-31 missing person has been found.

11-32 6. The investigation division and the central repository for Nevada

11-33 records of criminal history shall:

11-34 (a) Maintain the records and other information forwarded to them

11-35 pursuant to subsections 1, 2 and 3 for the purpose of comparing the records

11-36 and otherwise assisting in the identification of dead bodies; and

11-37 (b) Upon request , [during a state of emergency proclaimed pursuant to

11-38 NRS 414.070,] provide the records and other information that are

11-39 maintained pursuant to this subsection to the state disaster identification

11-40 team of the division of emergency management of the department.

12-1 Sec. 11. 1. There is hereby appropriated from the state general fund

12-2 to the division of emergency management of the department of motor

12-3 vehicles and public safety the sum of $90,000 for training, supplies and

12-4 statewide activities related to emergency management.

12-5 2. Any remaining balance of the appropriation made in subsection 1

12-6 must not be committed for expenditure after July 1, 2001, and reverts to the

12-7 state general fund as soon as all payments of money committed have been

12-8 made.

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