SB193

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

CHAPTER........

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 various

changes to provisions relating to the disaster relief fund; making appropriations to

the division for certain purposes; and providing other matters properly relating

thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 414.040 is hereby amended to read as follows:

414.040 1. A division of emergency management is hereby created

within the department of motor vehicles and public safety. The chief of the

division is appointed by and holds office at the pleasure of the director of

the department of motor vehicles and public safety. The division is the state

agency for civil defense and the chief is the state’s director of civil defense.

2. The chief may employ technical, clerical, stenographic and other

personnel as may be required, and may make such expenditures therefor

and for other expenses of his office within the appropriation therefor, or

from other money made available to him for purposes of emergency

management, as may be necessary to carry out the purposes of this chapter.

3. The chief, subject to the direction and control of the director, shall

carry out the program for emergency management in this state. He shall

coordinate the activities of all organizations for emergency management

within the state, maintain liaison with and cooperate with agencies and

organizations of other states and of the Federal Government for emergency

management and carry out such additional duties as may be prescribed by

the director.

4. To facilitate the development of a comprehensive, coordinated

approach to emergency management, the chief may develop an integrated

process, using the partnership of governmental entities, business and

industry and other interested persons, for the mitigation of, preparation for,

response to and recovery from emergencies. In developing this process, he

may suggest activities designed to:

(a) Eliminate or reduce the probability that an emergency will occur or

to reduce the effects of unavoidable disasters;

(b) Prepare state and local governmental agencies, private organizations

and other persons to be capable of responding appropriately if an

emergency occurs by fostering the adoption of plans for emergency

operations, the training of necessary personnel and the acquisition of

necessary resources;
(c) Provide assistance to victims, prevent further injury or damage to

persons or property and increase the effectiveness of recovery operations;

(d) Restore the operation of vital community life-support systems and

return persons and property affected by an emergency to a condition that is

comparable to what existed before the emergency occurred.

5. The division shall perform the duties required pursuant to section

13 of this act at the request of a state agency or local government.

Sec. 2. NRS 414.135 is hereby amended to read as follows:

414.135 1. There is hereby created the emergency assistance account

within the disaster relief fund created pursuant to NRS 353.2735.

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

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

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

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

2. The division of emergency management of the department of motor

vehicles and public safety shall administer the account. The division may

adopt regulations authorized by this section before, on or after July 1, 1999.

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

the division. Except as otherwise provided in subsection 4, all money in the

account must be expended solely to:

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

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

natural, technological or man-made emergency or disaster for which

available resources of this state or the local government are inadequate to

provide a satisfactory remedy; and

(b) Pay any actual expenses incurred by the division for administration

during a natural, technological or man-made emergency or disaster.

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

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

has not otherwise been committed for expenditure, the division may, with

the approval of the interim finance committee, allocate all or any portion of

the remaining balance , not to exceed $250,000, to this state or to a local

government to:

(a) Purchase equipment or supplies required for emergency

management; and

(b) Provide training to personnel related to emergency management.

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

division shall, at the end of each quarter of a fiscal year, submit to the

interim finance committee a report of the expenditures made from the

account for the previous quarter.

6. The division shall adopt such regulations as are necessary to

administer the account.

7. The division may adopt regulations to provide for reimbursement of

expenditures made from the account. If the division requires such

reimbursement, the attorney general shall take such action as is necessary to

recover the amount of any unpaid reimbursement plus interest at a rate

determined pursuant to NRS 17.130, computed from the date on which the

money was removed from the fund, upon request by the division.

Sec. 3. NRS 414.270 is hereby amended to read as follows:

414.270 A state disaster identification team is hereby established

within the division of emergency management of the department of motor

vehicles and public safety. The chief:

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

disaster identification team; and

2. May activate such persons [~~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 [.] :

(a) During a state of emergency or declaration of disaster proclaimed

pursuant to NRS 414.070; or

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

determines that the political subdivision requires the services of the state

disaster identification team.

Sec. 4. NRS 414.280 is hereby amended to read as follows:

414.280 [~~The]~~ Upon activation, the state disaster identification team

shall:

1. Provide technical assistance and personnel to local authorities to

recover, identify and process deceased victims . [~~during a state of~~

~~emergency or declaration of disaster.]~~

2. Within 2 hours after [~~the notification of a state of emergency or~~

~~declaration of disaster and at the request of the chief,]~~ activation, begin to

identify and report to the chief the need for medical and health services to:

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

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

fingerprints and the forensic methods of dentistry, pathology and

anthropology.

Sec. 5. NRS 414.290 is hereby amended to read as follows:

414.290 [~~The]~~ In carrying out its duties pursuant to NRS 414.280,

the state disaster identification team may [~~, during a state of emergency or~~

~~declaration of disaster,]~~ have access to:

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

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

2. The records of criminal history maintained by an agency of criminal

justice pursuant to NRS 179A.100.

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

pursuant to NRS 432.170.

4. The records and information concerning missing persons maintained

by the investigation division of the department of motor vehicles and public

safety pursuant to NRS 481.245.

Sec. 6. NRS 414.300 is hereby amended to read as follows:

414.300 The department of motor vehicles and public safety shall

adopt regulations to govern the state disaster identification team. The

regulations must include, without limitation:

1. Guidelines for the chief to:

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

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

may be activated [~~during a state of emergency or declaration of disaster.]~~

pursuant to NRS 414.270.

2. Provisions governing the organization, administration and operation

of the state disaster identification team.

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

of the state disaster identification team who is activated [~~during a state of~~

~~emergency or declaration of disaster.]~~ pursuant to NRS 414.270.

Sec. 7. NRS 179A.075 is hereby amended to read as follows:

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

history is hereby created within the Nevada highway patrol division of the

department.

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

crime or delinquency of children shall:

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

data required by the department; and

(b) Submit the information collected to the central repository in the

manner recommended by the advisory committee and approved by the

director of the department.

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

to sexual offenses and other records of criminal history that it creates or

issues, and any information in its possession relating to the genetic markers

of the blood and the secretor status of the saliva of a person who is

convicted of sexual assault or any other sexual offense, to the division in

the manner prescribed by the director of the department. The information

must be submitted to the division:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

within the period prescribed by the director of the department. If an agency

has submitted a record regarding the arrest of a person who is later

determined by the agency not to be the person who committed the

particular crime, the agency shall, immediately upon making that

determination, so notify the division. The division shall delete all

references in the central repository relating to that particular arrest.

4. The division shall, in the manner prescribed by the director of the

department:

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

to:
(1) Sexual offenses and other records of criminal history; and

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

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

offense.

(b) When practicable, use a record of the personal identifying

information of a subject as the basis for any records maintained regarding

him.

~~proclaimed pursuant to NRS 414.070,]~~ provide the information that is

contained in the central repository to the state disaster identification team

of the division of emergency management of the department of motor

vehicles and public safety.

5. The division may:

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

repository to any other agency of criminal justice;

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

to facilitate exchanges of information that may be disseminated pursuant to

paragraph (a); and

information on the background and personal history of any person whose

record of fingerprints the central repository submits to the Federal Bureau

of Investigation and:

(1) Who has applied to any agency of the State of Nevada or any

political subdivision thereof for a license which it has the power to grant or

deny;

(2) With whom any agency of the State of Nevada or any political

subdivision thereof intends to enter into a relationship of employment or a

contract for personal services;

(3) About whom any agency of the State of Nevada or any political

subdivision thereof has a legitimate need to have accurate personal

information for the protection of the agency or the persons within its

jurisdiction; or

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

NRS 449.179.

6. The central repository shall:

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

data submitted by any agency pursuant to subsection 2.

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

statistical data received pursuant to this section.

statistical data relating to crime information which is contained in the

central repository.

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

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

license;

(2) Has applied to a county school district for employment; o

r
(3) Is employed by a county school district,

and notify the superintendent of each county school district and the

superintendent of public instruction if the investigation of the central

repository indicates that the person has been convicted of a violation of

NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

felony or any offense involving moral turpitude.

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

district by providing him with a list of all persons:

(1) Investigated pursuant to paragraph (d); or

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

previously to the central repository for investigation,

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

violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

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

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

school district shall determine whether further investigation or action by the

district is appropriate.

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

fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

449.179.

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

a printed annual report containing the statistical data relating to crime

received during the preceding calendar year. Additional reports may be

presented to the governor throughout the year regarding specific areas of

crime if they are recommended by the advisory committee and approved by

the director of the department.

(h) On or before July 1 of each year, prepare and submit to the director

of the legislative counsel bureau, for submission to the legislature, or the

legislative commission when the legislature is not in regular session, a

report containing statistical data about domestic violence in this state.

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

relating to criminal justice and the delinquency of children by any agency

identified in subsection 2, and make recommendations for any necessary

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

such agency.

7. The central repository may:

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

prescribed by the director of the department, disseminate compilations of

statistical data and publish statistical reports relating to crime or the

delinquency of children.

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

distributes relating to data collected pursuant to this section. The central

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

any other agency dealing with crime or the delinquency of children which is

required to submit information pursuant to subsection 2 or the state disaster

identification team of the division of emergency management of the
department of motor vehicles and public safety. All money collected

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

central repository.

electronic means to receive and disseminate information contained in the

central repository that it is authorized to disseminate pursuant to the

provisions of this chapter.

8. As used in this section:

(a) "Advisory committee" means the committee established by the

director of the department pursuant to NRS 179A.078.

(b) "Personal identifying information" means any information designed,

commonly used or capable of being used, alone or in conjunction with any

other information, to identify a person, including, without limitation:

(1) The name, driver’s license number, social security number, date of

birth and photograph or computer generated image of a person; and

(2) The fingerprints, voiceprint, retina image and iris image of a

person.

Sec. 8. NRS 179A.100 is hereby amended to read as follows:

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

disseminated by an agency of criminal justice without any restriction

pursuant to this chapter:

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

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

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

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

history or the absence of such a record may be:

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

exchange of criminal records.

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

criminal justice, including the furnishing of information by a police

department to a district attorney.

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

employer, upon request, records of criminal history concerning a

prospective employee or volunteer which:

(a) Reflect convictions only; or

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

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

or probation.

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

employer, upon request, information relating to sexual offenses concerning

an employee, prospective employee, volunteer or prospective volunteer

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

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

criminal justice upon request, to the following persons or governmental

entities:
(a) The person who is the subject of the record of criminal history for

the purposes of NRS 179A.150.

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

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

licensing, disciplinary or other proceeding to which the information is

relevant.

(d) The state board of nursing.

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

for a license.

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

253 of NRS.

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

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

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

state or the District of Columbia.

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

commission of Nevada when the information is necessary to conduct a

security investigation of an employee or prospective employee, or to

protect the public health, safety or welfare.

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

order, court rule, court decision or court order as construed by appropriate

state or local officers or agencies.

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

to provide services to an agency of criminal justice relating to the

administration of criminal justice, if authorized by the contract, and if the

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

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

and federal law and regulation.

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

capacity for communication to the public.

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

information has given written consent to the release of that information by

the agency which maintains it.

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

programs pursuant to an agreement with an agency of criminal justice.

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

resources and any county agency that is operated pursuant to NRS

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

investigate reports of abuse or neglect of children and which provides or

arranges for protective services for such children.

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

designated representative.

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

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

Act (42 U.S.C. §§ 651 et seq.).
(r) The state disaster identification team of the division of emergency

management of the department of motor vehicles and public safety . [~~during~~

a state of emergency or declaration of disaster proclaimed pursuant to NRS

414.070.]

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

from sources outside this state concerning transactions involving criminal

justice which occur outside Nevada shall treat the information as

confidentially as is required by the provisions of this chapter.

Sec. 9. 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.

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 bureau of enforcement of the

registration division 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]~~ pursuant to NRS 481.048.

4. Officers and investigators of the section for the control of emissions

from vehicles of the registration division 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.

Sec. 10. Chapter 353 of NRS is hereby amended by adding thereto the

provisions set forth as sections 11, 12 and 13 of this act.

Sec. 11. "Division" means the division of emergency management

of the department of motor vehicles and public safety.

Sec. 12. A local government may request a grant or loan from the

fund if:

1. Pursuant to NRS 414.090, the governing body of the local

government determines that an event which has occurred constitutes a

disaster; and

2. After the division conducts a preliminary assessment of the

damages pursuant to section 13 of this act, the division determines that

an event has occurred that constitutes a disaster.

Sec. 13. 1. A state agency or local government may request the

division to conduct a preliminary assessment of the damages related to

an event for which the state agency or local government seeks a grant or

loan from the fund.

2. Upon receipt of such a request, the division shall investigate the

event or cause the event to be investigated to make a preliminary

assessment of the damages related to the event and shall make or cause

to be made a written report of the damages related to the event.

3. As soon as practicable after completion of the investigation and

preparation of the report of damages, the division shall:

(a) Determine whether the event constitutes a disaster for which the

state agency or local government may seek a grant or loan from the

fund; and

(b) Submit the report prepared pursuant to this section and its written

determination regarding whether the event constitutes a disaster to the

state agency or local government.

4. The division shall prescribe by regulation the information that

must be included in a report of damages, including, without limitation, a

description of the damage caused by the event, an estimate of the costs to

repair such damage and a specification of whether the purpose of the

project is for repair or replacement, emergency response or mitigation.

Sec. 14. NRS 353.2705 is hereby amended to read as follows:

353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and

sections 11, 12 and 13 of this act, unless the context otherwise requires,

the words and terms defined in NRS 353.271 to 353.2731, inclusive, and

section 11 of this act, have the meanings ascribed to them in those sections.

Sec. 15. NRS 353.271 is hereby amended to read as follows:

353.271 "Disaster" means a fire, flood, earthquake, drought, explosion,

civil disturbance or any other occurrence or threatened occurrence that,

regardless of cause:

1. Results in, or may result in, widespread or severe damage to

property or injury to or the death of persons in this state; and

2. As determined by [~~the governor,]~~

(a) The governor; or

(b) The governing body of a local government pursuant to NRS

414.090 and the division pursuant to section 13 of this act,

requires immediate action to protect the health, safety and welfare of the

residents of this state.

Sec. 16. NRS 353.2735 is hereby amended to read as follows:

353.2735 1. The disaster relief fund is hereby created as a special

revenue fund. The interim finance committee shall administer the fund.

Except as otherwise provided in subsection 2, money received from:

(a) A direct legislative appropriation to the fund;

(b) A transfer of one-half of the interest earned on money in the fund to

stabilize the operation of state government made pursuant to NRS 353.288;

must be deposited in the fund. Except as otherwise provided in NRS

414.135, the interest and income earned on the money in the fund must,

after deducting any applicable charges, be credited to the fund.

2. If, at the end of each quarter of a fiscal year, the balance in the fund

exceeds 0.75 percent of the total amount of all appropriations from the state

general fund for the operation of all departments, institutions and agencies

of state government and authorized expenditures from the state general

fund for the regulation of gaming for that fiscal year, the state controller

shall not, until the balance in the fund is 0.75 percent or less of that amount,

transfer any interest earned on money in the fund to stabilize the operation

of state government from the state general fund to the fund pursuant to the

provisions of NRS 353.288.

3. Money in the fund may be distributed through grants and loans to

state agencies and local governments as provided in NRS 353.2705 to

353.2771, inclusive [.] , and sections 11, 12 and 13 of this act. Except as

otherwise provided in NRS 353.276, such grants will be disbursed on the

basis of reimbursement of costs authorized pursuant to NRS 353.274 and

353.2745.

4. If the governor declares a disaster, the state board of examiners shall

estimate:

(a) The money in the fund that is available for grants and loans for the

disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive

~~[;]~~ , and sections 11, 12 and 13 of this act; and

(b) The anticipated amount of those grants and loans for the disaster.

Except as otherwise provided in this subsection, if the anticipated amount

determined pursuant to paragraph (b) exceeds the available money in the

fund for such grants and loans, all grants and loans from the fund for the

disaster must be reduced in the same proportion that the anticipated amount

of the grants and loans exceeds the money in the fund that is available for

grants and loans for the disaster. If the reduction of a grant or loan from the

fund would result in a reduction in the amount of money that may be

received by a state agency or local government from the Federal

Government, the reduction in the grant or loan must not be made.

Sec. 17. NRS 353.274 is hereby amended to read as follows:

353.274 Money in the fund may be distributed as a grant to a state

agency because of a disaster for the payment of expenses incurred by the

state agency for:

1. The repair or replacement of public roads, public streets, bridges,

water control facilities, public buildings, public utilities, recreational

facilities and parks owned by the state and damaged by the disaster;

2. Any emergency measures undertaken to save lives, protect public

health and safety or protect public property in the jurisdiction in which the

disaster occurred;

3. The removal of debris from publicly or privately owned land and

waterways undertaken because of the disaster; and

4. The administration of a disaster assistance program.

Sec. 18. NRS 353.2745 is hereby amended to read as follows:

353.2745 Money in the fund may be distributed as a grant to a local

government because of a disaster for:

1. The payment of not more than 50 percent of the expenses incurred

by the local government for:

(a) The repair or replacement of public roads, public streets, bridges,

water control facilities, public buildings, public utilities, recreational

facilities and parks owned by the local government and damaged by the

disaster; and

(b) Any emergency measures undertaken to save lives, protect public

health and safety or protect public property in the jurisdiction in which the

disaster occurred; and

2. The payment of not more than 50 percent of any grant match the

local government must provide to obtain a grant from a federal disaster

assistance agency for an eligible project to repair damage caused by the

disaster within the jurisdiction of the local government.

Sec. 19. NRS 353.2751 is hereby amended to read as follows:

353.2751 Money in the fund may be distributed as a loan to a local

government because of a disaster for:

1. The payment of expenses incurred by the local government for:

(a) The repair or replacement of public roads, public streets, bridges,

water control facilities, public buildings, public utilities, recreational

facilities and parks owned by the local government and damaged by the

disaster;

(b) Any overtime worked by an employee of the local government

because of the disaster or any other extraordinary expenses incurred by the

local government because of the disaster; and

persons or property from similar disasters in the future; and

2. The payment of not more than 50 percent of any grant match the

local government must provide to obtain a grant from a federal disaster

assistance agency for an eligible project to repair damage caused by the

disaster within the jurisdiction of the local government. Before a loan may

be distributed to a local government pursuant to this subsection:

(a) The interim finance committee must make a determination that the

local government is currently unable to meet its financial obligations; and
(b) The local government must execute a loan agreement in which the

local government agrees to:

(1) Use the money only for the purpose of paying the grant match;

(2) Repay the entire amount of the loan, without any interest or other

charges, to the disaster relief fund not later than 10 years after the date on

which the agreement is executed.

Sec. 20. NRS 353.2755 is hereby amended to read as follows:

353.2755 1. A state agency or local government may submit a

request to the state board of examiners for a grant or loan from the fund as

provided in NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and

13 of this act, if:

(a) The agency or local government finds that, because of a disaster, it is

unable to pay for an expense or grant match specified in NRS 353.274,

353.2745 or 353.2751 from money appropriated or otherwise available to

the agency or local government; [~~and]~~

(b) The request has been approved by the chief administrative officer of

the state agency or the governing body of the local government [.] ; and

(c) If the requester is an incorporated city, the city has requested

financial assistance from the county and was denied all or a portion of

the requested assistance.

2. A request for a grant or loan submitted pursuant to subsection 1

must be made within 60 days after the disaster and must include:

(a) A statement setting forth the amount of money requested by the state

agency or local government;

(b) An assessment of the need of the state agency or local government

for the money requested;

a fund pursuant to NRS 354.6115 to mitigate the effects of a natural

disaster, a statement of the amount of money that is available in that fund, if

any, for the payment of expenses incurred by the local government as a

result of a disaster; [~~and]~~

(d) A determination of the type, value and amount of resources the state

agency or local government may be required to provide as a condition for

the receipt of a grant or loan from the fund [.] ;

(e) A written report of damages prepared by the division and the

written determination made by the division that the event constitutes a

disaster pursuant to section 13 of this act; and

(f) If the requester is an incorporated city, all documents which relate

to a request for assistance submitted to the board of county

commissioners of the county in which the city is located.

Any additional documentation relating to the request that is requested by

the state board of examiners must be submitted within 6 months after the

disaster unless the state board of examiners and the interim finance

committee grants an extension.

3. Upon the receipt of a complete request for a grant or loan submitted

pursuant to subsection 1, the state board of examiners:

(a) Shall consider the request; and

(b) May require any additional information that it determines is

necessary to make a recommendation.

4. If the state board of examiners finds that a grant or loan is

appropriate, it shall include in its recommendation to the interim finance

committee the proposed amount of the grant or loan. If the state board of

examiners recommends a grant, it shall include a recommendation

regarding whether or not the state agency or local government requires

an advance to avoid severe financial hardship. If the state board of

examiners recommends a loan for a local government, it shall include the

information required pursuant to subsection 1 of NRS 353.2765. If the state

board of examiners finds that a grant or loan is not appropriate, it shall

include in its recommendation the reason for its determination.

5. The provisions of this section do not prohibit a state agency or local

government from submitting more than one request for a grant or loan from

the fund.

6. As used in this section, the term "natural disaster" has the meaning

ascribed to it in NRS 354.6115.

Sec. 21. NRS 353.276 is hereby amended to read as follows:

353.276 1. The state board of examiners shall submit a

recommendation for each request for a grant or loan made pursuant to NRS

353.2755 to the director of the legislative counsel bureau. Upon receipt of

the recommendation, the director shall notify the chairman of the interim

finance committee of that recommendation. The chairman shall call a

meeting of the committee to consider the recommendation.

2. The interim finance committee may reject any recommendation of

the state board of examiners and independently evaluate and act upon any

request submitted pursuant to NRS 353.2755.

3. If the interim finance committee finds that a grant or loan from the

fund is appropriate and may be made in accordance with the provisions of

NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this

act, it shall, by resolution:

(a) Establish the amount and purpose of the grant or loan . [~~; and~~

~~(b) Provide]~~

(b) Except as otherwise provided in this paragraph, provide for the

transfer of that amount from the fund to the appropriate state agency or

local government. If the request is for a grant, the interim finance

committee shall authorize disbursement of the grant from the fund on the

basis of reimbursement for costs unless it determines that disbursement

in that manner would cause severe financial hardship to the state agency

or local government. If the interim finance committee determines that

disbursement on the basis of reimbursement of costs would cause severe

financial hardship, the interim finance committee may authorize an

advance of money to the state agency or local government in an amount

not to exceed 25 percent of the total estimated cost of the projects for

which the grant is requested.

4. No grant or loan from the fund may be made by the interim finance

committee to increase the salaries of any officers or employees of the state

or a local government.

Sec. 22. NRS 432.170 is hereby amended to read as follows:

432.170 1. The attorney general shall:

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

state concerning missing or exploited children; and

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

2. The director is in the unclassified service of the state. To assist the

director in carrying out the provisions of NRS 432.150 to 432.220,

inclusive, the attorney general may appoint such assistants or investigators

as deemed necessary by the attorney general.

3. The director may:

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

information about missing or exploited children by providing, free of

charge, materials, publications and instructional aids relating to:

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

exploited children and the abuse or neglect of children.

(2) Governmental and private agencies and programs for locating and

identifying missing or exploited children, preventing the abduction or

disappearance of children and preventing the abuse or neglect of children.

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

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

exploited children.

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

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

exploited children, including information concerning public or private

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

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

provisions of NRS 432.150 to 432.220, inclusive.

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

assistance and exchange of information concerning missing or exploited

children.

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

this state or who are reported abducted or taken from this state.

4. The director may provide the materials, publications and

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

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

of preparing the materials.

5. The director shall, upon request , [~~during a state of emergency or~~

~~declaration of disaster proclaimed pursuant to NRS 414.070,]~~ provide

records regarding a missing child to the state disaster identification team of

the division of emergency management of the department of motor vehicles

and public safety.

Sec. 23. NRS 481.245 is hereby amended to read as follows:

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

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

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

record of his findings and forward it to the investigation division and to the

central repository for Nevada records of criminal history.

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

receives a report of a person missing under suspicious circumstances who is

18 years or older shall:

(a) Transmit to the investigation division and to the central repository

for Nevada records of criminal history:

(1) The initial report that contains identifying information concerning

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

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

working days after the receipt of that report if the report contains additional

identifying information concerning the missing person;

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

missing person as the agency deems necessary; and

computer for the National Crime Information Center and the central

repository for Nevada records of criminal history, if appropriate.

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

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

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

identifying information about the missing person that the National Crime

Information Center recommends be provided from the appropriate

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

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

information from the providers of medical care and forward that

information and any other relevant information to the investigation division

and to the central repository for Nevada records of criminal history for

comparison with the identifying information that is on file concerning

unidentified deceased persons. This subsection does not prevent the

voluntary release of identifying information about the missing person by the

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

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

promptly notify the appropriate law enforcement agency when the missing

person is found.

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

inform the investigation division, the central repository for Nevada records

of criminal history and the National Crime Information Center when a

missing person has been found.

6. The investigation division and the central repository for Nevada

records of criminal history shall:

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

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

and otherwise assisting in the identification of dead bodies; and

(b) Upon request , [~~during a state of emergency or declaration of~~

~~disaster proclaimed pursuant to NRS 414.070,]~~ provide the records and

other information that are maintained pursuant to this subsection to the state

disaster identification team of the division of emergency management of the

department.

Sec. 24. Section 22 of Assembly Bill No. 626 of this session is hereby

amended to read as follows:

Sec. 22. NRS 179A.075 is hereby amended to read as follows:

179A.075 1. The central repository for Nevada records of

criminal history is hereby created within the Nevada highway patrol

division of the department.

2. Each agency of criminal justice and any other agency dealing

with crime or delinquency of children shall:

(a) Collect and maintain records, reports and compilations of

statistical data required by the department; and

(b) Submit the information collected to the central repository in

the manner recommended by the advisory committee and approved

by the director of the department.

3. Each agency of criminal justice shall submit the information

relating to sexual offenses and other records of criminal history that

it creates or issues, and any information in its possession relating to

the genetic markers of the blood and the secretor status of the saliva

of a person who is convicted of sexual assault or any other sexual

offense, to the division in the manner prescribed by the director of

the department. The information must be submitted to the division:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

within the period prescribed by the director of the department. If an

agency has submitted a record regarding the arrest of a person who

is later determined by the agency not to be the person who

committed the particular crime, the agency shall, immediately upon

making that determination, so notify the division. The division shall

delete all references in the central repository relating to that

particular arrest.

4. The division shall, in the manner prescribed by the director

of the department:
(a) Collect, maintain and arrange all information submitted to it

relating to:

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

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

the saliva of a person who is convicted of sexual assault or any

other sexual offense.

(b) When practicable, use a record of the personal identifying

information of a subject as the basis for any records maintained

regarding him.

disaster proclaimed pursuant to NRS 414.070, provide the

information that is contained in the central repository to the state

disaster identification team of the division of emergency

management of the department of motor vehicles and public safety.

5. The division may:

(a) Disseminate any information which is contained in the

central repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal and state

repositories to facilitate exchanges of information that may be

disseminated pursuant to paragraph (a); and

Investigation information on the background and personal history of

any person whose record of fingerprints the central repository

submits to the Federal Bureau of Investigation and:

(1) Who has applied to any agency of the State of Nevada or

any political subdivision thereof for a license which it has the power

to grant or deny;

(2) With whom any agency of the State of Nevada or any

political subdivision thereof intends to enter into a relationship of

employment or a contract for personal services;

(3) About whom any agency of the State of Nevada or any

political subdivision thereof has a legitimate need to have accurate

personal information for the protection of the agency or the persons

within its jurisdiction; or

(4) For whom such information is required to be obtained

pursuant to NRS 449.179.

6. The central repository shall:

(a) Collect and maintain records, reports and compilations of

statistical data submitted by any agency pursuant to subsection 2.

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

statistical data received pursuant to this section.

statistical data relating to crime information which is contained in

the central repository.

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

(1) Has applied to the superintendent of public instruction for

a license;

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

(3) Is employed by a county school district,

and notify the superintendent of each county school district and the

superintendent of public instruction if the investigation of the

central repository indicates that the person has been convicted of a

violation of NRS 200.508, 201.230, 453.3385, 453.339 or

453.3395, or convicted of a felony or any offense involving moral

turpitude.

(e) Upon discovery, notify the superintendent of each county

school district by providing him with a list of all persons:

(1) Investigated pursuant to paragraph (d); or

(2) Employed by a county school district whose fingerprints

were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of

a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

453.3395, or convicted of a felony or any offense involving moral

turpitude since the central repository’s initial investigation. The

superintendent of each county school district shall determine

whether further investigation or action by the district is appropriate.

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

fingerprints or has his fingerprints submitted pursuant to NRS

449.176 or 449.179.

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

governor a printed annual report containing the statistical data

relating to crime received during the preceding calendar year.

Additional reports may be presented to the governor throughout the

year regarding specific areas of crime if they are recommended by

the advisory committee and approved by the director of the

department.

(h) On or before July 1 of each year, prepare and submit to the

director of the legislative counsel bureau, for submission to the

legislature, or the legislative commission when the legislature is not

in regular session, a report containing statistical data about domestic

violence in this state.

(i) Identify and review the collection and processing of statistical

data relating to criminal justice and the delinquency of children by

any agency identified in subsection 2, and make recommendations

for any necessary changes in the manner of collecting and

processing statistical data by any such agency.

7. The central repository may:

(a) At the recommendation of the advisory committee and in the

manner prescribed by the director of the department, disseminate

compilations of statistical data and publish statistical reports

relating to crime or the delinquency of children.

(b) Charge a reasonable fee for any publication or special report

it distributes relating to data collected pursuant to this section. The

central repository may not collect such a fee from an agency of

criminal justice, any other agency dealing with crime or the

delinquency of children which is required to submit information

pursuant to subsection 2 or the state disaster identification team of

the division of emergency management of the department of motor

vehicles and public safety. All money collected pursuant to this

paragraph must be used to pay for the cost of operating the central

repository.

use electronic means to receive and disseminate information

contained in the central repository that it is authorized to

disseminate pursuant to the provisions of this chapter.

8. As used in this section:

(a) "Advisory committee" means the committee established by

the director of the department pursuant to NRS 179A.078.

(b) "Personal identifying information" means any information

designed, commonly used or capable of being used, alone or in

conjunction with any other information, to identify a person,

including, without limitation:

(1) The name, driver’s license number, social security

number, date of birth and photograph or computer generated image

of a person; and

(2) The fingerprints, voiceprint, retina image and iris image of

a person.

Sec. 25. 1. There is hereby appropriated from the state general fund

to the division of emergency management of the department of motor

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

statewide activities related to emergency management.

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

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

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

made.

Sec. 26. 1. There is hereby appropriated from the state general fund

to the division of emergency management of the department of motor

vehicles and public safety the sum of $30,000 for contract computer

programming assistance on software relating to emergency management.

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

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

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

made.

Sec. 27. 1. This section and section 26 of this act become effective

upon passage and approval.

2. Sections 1, 10 to 21, inclusive, 24 and 25 of this act become

effective on October 1, 1999.

3. Sections 2 to 9, inclusive, 22 and 23 of this act become effective at

12:01 a.m. on October 1, 1999.