Senate Bill No. 193–Senators Rawson, O’Donnell and Jacobsen
February 15, 1999
____________
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.
~
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. NRS 414.135 is hereby amended to read as follows: 414.135 1. There is hereby created the emergency assistance account1-3
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 state1-5
controller shall, at the end of each fiscal year, transfer the interest earned1-6
during the previous fiscal year on the money in the disaster relief fund to1-7
the account in an amount not to exceed $500,000.1-8
2. The state emergency response commission shall administer the1-9
account. The commission may adopt regulations authorized by this section1-10
before, on or after July 1, 1999.1-11
3. All expenditures from the account must be approved in advance by1-12
the commission. Except as otherwise provided in subsection 4, all money in1-13
the account must be expended solely to:2-1
(a) Provide supplemental emergency assistance to this state or to local2-2
governments in this state that are severely and adversely affected by a2-3
natural or technological emergency or disaster for which available2-4
resources of this state or the local government are inadequate to provide a2-5
satisfactory remedy; and2-6
(b) Pay any actual expenses incurred by the commission for2-7
administration during a natural or technological emergency or disaster.2-8
4. Beginning with the fiscal year that begins on July 1, 1999, if any2-9
balance remains in the account at the end of a fiscal year and the balance2-10
has not otherwise been committed for expenditure, the commission may,2-11
with the approval of the interim finance committee, allocate all or any2-12
portion of the remaining balance , not to exceed $250,000, to this state or2-13
to a local government to:2-14
(a) Purchase equipment or supplies required for emergency2-15
management; and2-16
(b) Provide training to personnel related to emergency management.2-17
5. Beginning with the fiscal year that begins on July 1, 1999, the2-18
commission shall, at the end of each quarter of a fiscal year, submit to the2-19
interim finance committee a report of the expenditures made from the2-20
account for the previous quarter.2-21
6. The commission shall adopt such regulations as are necessary to2-22
administer the account.2-23
7. The commission may adopt regulations to provide for2-24
reimbursement of expenditures made from the account. If the commission2-25
requires such reimbursement, the attorney general shall take such action as2-26
is necessary to recover the amount of any unpaid reimbursement plus2-27
interest at a rate determined pursuant to NRS 17.130, computed from the2-28
date on which the money was removed from the fund, upon request by the2-29
commission.2-30
Sec. 2. NRS 414.270 is hereby amended to read as follows: 414.270 A state disaster identification team is hereby established2-32
within the division of emergency management of the department of motor2-33
vehicles and public safety. The chief:2-34
1. Shall assign persons with expertise in various fields to the state2-35
disaster identification team; and2-36
2. May activate such persons2-37
2-38
identification team2-39
(a) During a state of emergency proclaimed pursuant to NRS 414.070;2-40
or2-41
(b) Upon the request of a political subdivision of this state if the chief2-42
determines that the political subdivision requires the services of the state2-43
disaster identification team.3-1
Sec. 3. NRS 414.280 is hereby amended to read as follows: 414.2803-3
shall:3-4
1. Provide technical assistance and personnel to local authorities to3-5
recover, identify and process deceased victims .3-6
3-7
2. Within 2 hours after3-8
activation, begin to identify and report to the chief the need for medical3-9
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, latent3-12
fingerprints and the forensic methods of dentistry, pathology and3-13
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: 414.2903-17
the state disaster identification team may3-18
have access to:3-19
1. The information that is contained in the central repository for3-20
Nevada records of criminal history pursuant to NRS 179A.075.3-21
2. The records of criminal history maintained by an agency of criminal3-22
justice pursuant to NRS 179A.100.3-23
3. The records of missing children maintained by the attorney general3-24
pursuant to NRS 432.170.3-25
4. The records and information concerning missing persons maintained3-26
by the investigation division of the department of motor vehicles and public3-27
safety pursuant to NRS 481.245.3-28
Sec. 5. NRS 414.300 is hereby amended to read as follows: 414.300 The department of motor vehicles and public safety shall3-30
adopt regulations to govern the state disaster identification team. The3-31
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
and3-35
(b) Determine which members of the state disaster identification team3-36
may be activated3-37
2. Provisions governing the organization, administration and operation3-38
of the state disaster identification team.3-39
3. The compensation, if any, to be paid by the department to a member3-40
of the state disaster identification team who is activated3-41
4-1
Sec. 6. NRS 179A.075 is hereby amended to read as follows: 179A.075 1. The central repository for Nevada records of criminal4-3
history is hereby created within the Nevada highway patrol division of the4-4
department.4-5
2. Each agency of criminal justice and any other agency dealing with4-6
crime or delinquency of children shall:4-7
(a) Collect and maintain records, reports and compilations of statistical4-8
data required by the department; and4-9
(b) Submit the information collected to the central repository in the4-10
manner recommended by the advisory committee and approved by the4-11
director of the department.4-12
3. Each agency of criminal justice shall submit the information relating4-13
to sexual offenses and other records of criminal history it collects, and any4-14
information in its possession relating to the genetic markers of the blood4-15
and the secretor status of the saliva of a person who is convicted of sexual4-16
assault or any other sexual offense, to the division in the manner prescribed4-17
by the director of the department. A report of disposition must be submitted4-18
to the division:4-19
(a) Through an electronic network;4-20
(b) On a medium of magnetic storage; or4-21
(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 a4-23
record regarding the arrest of a person who is later determined by the4-24
agency not to be the person who committed the particular crime, the agency4-25
shall, immediately upon making that determination, so notify the division.4-26
The division shall delete all references in the central repository relating to4-27
that particular arrest.4-28
4. The division shall:4-29
(a) Collect, maintain and arrange all information submitted to it relating4-30
to:4-31
(1) Sexual offenses and other records of criminal history; and4-32
(2) The genetic markers of the blood and the secretor status of the4-33
saliva of a person who is convicted of sexual assault or any other sexual4-34
offense.4-35
(b) Use a record of the subject’s fingerprints as the basis for any records4-36
maintained regarding him.4-37
(c) Upon request ,4-38
4-39
repository to the state disaster identification team of the division of4-40
emergency management of the department of motor vehicles and public4-41
safety.5-1
5. The division may:5-2
(a) Disseminate any information which is contained in the central5-3
repository to any other agency of criminal justice;5-4
(b) Enter into cooperative agreements with federal and state repositories5-5
to facilitate exchanges of such information; and5-6
(c) Request of and receive from the Federal Bureau of Investigation5-7
information on the background and personal history of any person:5-8
(1) Who has applied to any agency of the state or any political5-9
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 subdivision5-11
intends to enter into a relationship of employment or a contract for personal5-12
services;5-13
(3) About whom any agency of the state or any political subdivision5-14
has a legitimate need to have accurate personal information for the5-15
protection of the agency or the persons within its jurisdiction; or5-16
(4) For whom such information is required to be obtained pursuant to5-17
NRS 449.179.5-18
6. The central repository shall:5-19
(a) Collect and maintain records, reports and compilations of statistical5-20
data submitted by any agency pursuant to subsection 2.5-21
(b) Tabulate and analyze all records, reports and compilations of5-22
statistical data received pursuant to this section.5-23
(c) Disseminate to federal agencies engaged in the collection of5-24
statistical data relating to crime information which is contained in the5-25
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 a5-28
license;5-29
(2) Has applied to a county school district for employment; or5-30
(3) Is employed by a county school district,5-31
and notify the superintendent of each county school district and the5-32
superintendent of public instruction if the investigation of the central5-33
repository indicates that the person has been convicted of a violation of5-34
NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a5-35
felony or any offense involving moral turpitude.5-36
(e) Upon discovery, notify the superintendent of each county school5-37
district by providing him with a list of all persons:5-38
(1) Investigated pursuant to paragraph (d); or5-39
(2) Employed by a county school district whose fingerprints were sent5-40
previously to the central repository for investigation,5-41
who the central repository’s records indicate have been convicted of a5-42
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or5-43
convicted of a felony or any offense involving moral turpitude since the6-1
central repository’s initial investigation. The superintendent of each county6-2
school district shall determine whether further investigation or action by the6-3
district is appropriate.6-4
(f) Investigate the criminal history of each person who submits6-5
fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or6-6
449.179.6-7
(g) On or before July 1 of each year, prepare and present to the governor6-8
a printed annual report containing the statistical data relating to crime6-9
received during the preceding calendar year. Additional reports may be6-10
presented to the governor throughout the year regarding specific areas of6-11
crime if they are recommended by the advisory committee and approved by6-12
the director of the department.6-13
(h) On or before January 31 of each odd-numbered year, prepare and6-14
submit to the director of the legislative counsel bureau, for submission to6-15
the legislature, a report containing statistical data about domestic violence6-16
in this state.6-17
(i) Identify and review the collection and processing of statistical data6-18
relating to criminal justice and delinquency of children by any agency6-19
identified in subsection 2, and make recommendations for any necessary6-20
changes in the manner of collecting and processing statistical data by any6-21
such agency.6-22
7. The central repository may:6-23
(a) At the recommendation of the advisory committee and in the manner6-24
prescribed by the director of the department, disseminate compilations of6-25
statistical data and publish statistical reports relating to crime or6-26
delinquency of children.6-27
(b) Charge a reasonable fee for any publication or special report it6-28
distributes relating to data collected pursuant to this section. The central6-29
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 is6-31
required to submit information pursuant to subsection 2 or the state disaster6-32
identification team of the division of emergency management of the6-33
department of motor vehicles and public safety. All money collected6-34
pursuant to this paragraph must be used to pay for the cost of operating the6-35
central repository.6-36
8. As used in this section, "advisory committee" means the committee6-37
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: 179A.100 1. The following records of criminal history may be6-40
disseminated by an agency of criminal justice without any restriction6-41
pursuant to this chapter:7-1
(a) Any which reflect records of conviction only; and7-2
(b) Any which pertain to an incident for which a person is currently7-3
within the system of criminal justice, including parole or probation.7-4
2. Without any restriction pursuant to this chapter, a record of criminal7-5
history or the absence of such a record may be:7-6
(a) Disclosed among agencies which maintain a system for the mutual7-7
exchange of criminal records.7-8
(b) Furnished by one agency to another to administer the system of7-9
criminal justice, including the furnishing of information by a police7-10
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 prospective7-13
employer, upon request, records of criminal history concerning a7-14
prospective employee or volunteer which:7-15
(a) Reflect convictions only; or7-16
(b) Pertain to an incident for which the prospective employee or7-17
volunteer is currently within the system of criminal justice, including parole7-18
or probation.7-19
4. The central repository shall disseminate to a prospective or current7-20
employer, upon request, information relating to sexual offenses concerning7-21
an employee, prospective employee, volunteer or prospective volunteer7-22
who gives his written consent to the release of that information.7-23
5. Records of criminal history must be disseminated by an agency of7-24
criminal justice upon request, to the following persons or governmental7-25
entities:7-26
(a) The person who is the subject of the record of criminal history for7-27
the purposes of NRS 179A.150.7-28
(b) The person who is the subject of the record of criminal history or his7-29
attorney of record when the subject is a party in a judicial, administrative,7-30
licensing, disciplinary or other proceeding to which the information is7-31
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 applicant7-35
for a license.7-36
(f) A public administrator to carry out his duties as prescribed in chapter7-37
253 of NRS.7-38
(g) A public guardian to investigate a ward or proposed ward or persons7-39
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 another7-41
state or the District of Columbia.8-1
(i) Any public utility subject to the jurisdiction of the public utilities8-2
commission of Nevada when the information is necessary to conduct a8-3
security investigation of an employee or prospective employee, or to8-4
protect the public health, safety or welfare.8-5
(j) Persons and agencies authorized by statute, ordinance, executive8-6
order, court rule, court decision or court order as construed by appropriate8-7
state or local officers or agencies.8-8
(k) Any person or governmental entity which has entered into a contract8-9
to provide services to an agency of criminal justice relating to the8-10
administration of criminal justice, if authorized by the contract, and if the8-11
contract also specifies that the information will be used only for stated8-12
purposes and that it will be otherwise confidential in accordance with state8-13
and federal law and regulation.8-14
(l) Any reporter for the electronic or printed media in his professional8-15
capacity for communication to the public.8-16
(m) Prospective employers if the person who is the subject of the8-17
information has given written consent to the release of that information by8-18
the agency which maintains it.8-19
(n) For the express purpose of research, evaluative or statistical8-20
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 human8-22
resources and any county agency that is operated pursuant to NRS8-23
432B.325 or authorized by a court of competent jurisdiction to receive and8-24
investigate reports of abuse or neglect of children and which provides or8-25
arranges for protective services for such children.8-26
(p) The welfare division of the department of human resources or its8-27
designated representative.8-28
(q) An agency of this or any other state or the Federal Government that8-29
is conducting activities pursuant to Part D of Title IV of the Social Security8-30
Act (42 U.S.C. §§ 651 et seq.).8-31
(r) The state disaster identification team of the division of emergency8-32
management of the department of motor vehicles and public safety .8-33
8-34
6. Agencies of criminal justice in this state which receive information8-35
from sources outside this state concerning transactions involving criminal8-36
justice which occur outside Nevada shall treat the information as8-37
confidentially as is required by the provisions of this chapter.8-38
Sec. 8. NRS 289.270 is hereby amended to read as follows: 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 and9-2
public safety.9-3
(c) The deputy directors of the department of motor vehicles and public9-4
safety employed pursuant to subsection 2 of NRS 481.035.9-5
(d) The investigators and agents of the investigation division of the9-6
department of motor vehicles and public safety and any other officer or9-7
employee of that division whose principal duty is to enforce one or more9-8
laws of this state, and any person promoted from such a duty to a9-9
supervisory position related to such a duty.9-10
(e) The personnel of the capitol police division of the department of9-11
motor vehicles and public safety appointed pursuant to subsection 2 of9-12
NRS 331.140.9-13
2. The personnel of the Nevada highway patrol appointed pursuant to9-14
subsection 2 of NRS 481.150 have the powers of a peace officer specified9-15
in NRS 481.150 and 481.180.9-16
3. Administrators and investigators of the bureau of enforcement of the9-17
registration division of the department of motor vehicles and public safety9-18
have the powers of a peace officer to enforce any law of the State of9-19
Nevada in carrying out their duties9-20
4. Officers and investigators of the section for the control of emissions9-21
from vehicles of the registration division of the department of motor9-22
vehicles and public safety, appointed pursuant to NRS 481.0481, have the9-23
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 of9-25
emergency management of the department of motor vehicles and public9-26
safety who are, pursuant to NRS 414.270, activated by the chief of the9-27
division9-28
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: 432.170 1. The attorney general shall:9-32
(a) Establish a program to coordinate activities and information in this9-33
state concerning missing or exploited children; and9-34
(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 the9-36
purposes of assisting the director in carrying out the provisions of NRS9-37
432.150 to 432.220, inclusive, the attorney general may appoint such9-38
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 of9-41
information about missing or exploited children by providing, free of9-42
charge, materials, publications and instructional aids relating to:10-1
(1) Offenses under federal and state law regarding missing or10-2
exploited children and the abuse or neglect of children.10-3
(2) Governmental and private agencies and programs for locating and10-4
identifying missing or exploited children, preventing the abduction or10-5
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 or10-8
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 or10-11
exploited children, including information concerning public or private10-12
resources which may be available to such children and their families.10-13
(c) Accept gifts or donations on behalf of the clearinghouse which must10-14
be accounted for separately and used by the director in carrying out the10-15
provisions of NRS 432.150 to 432.220, inclusive.10-16
(d) Enter into agreements with regional and national organizations for10-17
assistance and exchange of information concerning missing or exploited10-18
children.10-19
(e) Assist in the investigation of children who are reported missing in10-20
this state or who are reported abducted or taken from this state.10-21
4. The director may provide the materials, publications and10-22
instructional aids identified in paragraph (a) of subsection 3 to any other10-23
person or governmental agency for a reasonable fee not to exceed the cost10-24
of preparing the materials.10-25
5. The director shall, upon request ,10-26
10-27
child to the state disaster identification team of the division of emergency10-28
management of the department of motor vehicles and public safety.10-29
Sec. 10. NRS 481.245 is hereby amended to read as follows: 481.245 1. When a coroner is unable to establish the identity of a10-31
dead body by means other than by dental records, he shall have a dental10-32
examination of the body made by a dentist. The dentist shall prepare a10-33
record of his findings and forward it to the investigation division and to the10-34
central repository for Nevada records of criminal history.10-35
2. Each sheriff, chief of police or other law enforcement agency which10-36
receives a report of a person missing under suspicious circumstances who is10-37
18 years or older shall:10-38
(a) Transmit to the investigation division and to the central repository10-39
for Nevada records of criminal history:11-1
(1) The initial report that contains identifying information concerning11-2
the missing person within 72 hours after the receipt of that report; and11-3
(2) Any subsequent report concerning the missing person within 511-4
working days after the receipt of that report if the report contains additional11-5
identifying information concerning the missing person;11-6
(b) Notify immediately such persons and make inquiries concerning the11-7
missing person as the agency deems necessary; and11-8
(c) Enter the information concerning the missing person into the11-9
computer for the National Crime Information Center and the central11-10
repository for Nevada records of criminal history, if appropriate.11-11
3. The sheriff, chief of police or other law enforcement agency shall11-12
request the written consent of the next of kin or guardian of a person who11-13
has been reported to him as missing for 30 days or more to obtain certain11-14
identifying information about the missing person that the National Crime11-15
Information Center recommends be provided from the appropriate11-16
providers of medical care. After receiving the written consent, the sheriff,11-17
chief of police or other law enforcement agency shall obtain the identifying11-18
information from the providers of medical care and forward that11-19
information and any other relevant information to the investigation division11-20
and to the central repository for Nevada records of criminal history for11-21
comparison with the identifying information that is on file concerning11-22
unidentified deceased persons. This subsection does not prevent the11-23
voluntary release of identifying information about the missing person by the11-24
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 shall11-26
promptly notify the appropriate law enforcement agency when the missing11-27
person is found.11-28
5. The sheriff, chief of police or other law enforcement agency shall11-29
inform the investigation division, the central repository for Nevada records11-30
of criminal history and the National Crime Information Center when a11-31
missing person has been found.11-32
6. The investigation division and the central repository for Nevada11-33
records of criminal history shall:11-34
(a) Maintain the records and other information forwarded to them11-35
pursuant to subsections 1, 2 and 3 for the purpose of comparing the records11-36
and otherwise assisting in the identification of dead bodies; and11-37
(b) Upon request ,11-38
11-39
maintained pursuant to this subsection to the state disaster identification11-40
team of the division of emergency management of the department.12-1
Sec. 11. 1. There is hereby appropriated from the state general fund12-2
to the division of emergency management of the department of motor12-3
vehicles and public safety the sum of $90,000 for training, supplies and12-4
statewide activities related to emergency management.12-5
2. Any remaining balance of the appropriation made in subsection 112-6
must not be committed for expenditure after July 1, 2001, and reverts to the12-7
state general fund as soon as all payments of money committed have been12-8
made.~