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 414.040 is hereby amended to read as follows: 414.040 1. A division of emergency management is hereby created1-3
within the department of motor vehicles and public safety. The chief of the1-4
division is appointed by and holds office at the pleasure of the director of1-5
the department of motor vehicles and public safety. The division is the state1-6
agency for civil defense and the chief is the state’s director of civil defense.1-7
2. The chief may employ technical, clerical, stenographic and other1-8
personnel as may be required, and may make such expenditures therefor1-9
and for other expenses of his office within the appropriation therefor, or1-10
from other money made available to him for purposes of emergency1-11
management, as may be necessary to carry out the purposes of this chapter.1-12
3. The chief, subject to the direction and control of the director, shall1-13
carry out the program for emergency management in this state. He shall1-14
coordinate the activities of all organizations for emergency management2-1
within the state, maintain liaison with and cooperate with agencies and2-2
organizations of other states and of the Federal Government for emergency2-3
management and carry out such additional duties as may be prescribed by2-4
the director.2-5
4. To facilitate the development of a comprehensive, coordinated2-6
approach to emergency management, the chief may develop an integrated2-7
process, using the partnership of governmental entities, business and2-8
industry and other interested persons, for the mitigation of, preparation for,2-9
response to and recovery from emergencies. In developing this process, he2-10
may suggest activities designed to:2-11
(a) Eliminate or reduce the probability that an emergency will occur or2-12
to reduce the effects of unavoidable disasters;2-13
(b) Prepare state and local governmental agencies, private organizations2-14
and other persons to be capable of responding appropriately if an2-15
emergency occurs by fostering the adoption of plans for emergency2-16
operations, the training of necessary personnel and the acquisition of2-17
necessary resources;2-18
(c) Provide assistance to victims, prevent further injury or damage to2-19
persons or property and increase the effectiveness of recovery operations;2-20
and2-21
(d) Restore the operation of vital community life-support systems and2-22
return persons and property affected by an emergency to a condition that is2-23
comparable to what existed before the emergency occurred.2-24
5. The division shall perform the duties required pursuant to section2-25
13 of this act at the request of a state agency or local government.2-26
Sec. 2. NRS 414.135 is hereby amended to read as follows: 414.135 1. There is hereby created the emergency assistance account2-28
within the disaster relief fund created pursuant to NRS 353.2735.2-29
Beginning with the fiscal year that begins on July 1, 1999, the state2-30
controller shall, at the end of each fiscal year, transfer the interest earned2-31
during the previous fiscal year on the money in the disaster relief fund to2-32
the account in an amount not to exceed $500,000.2-33
2. The division of emergency management of the department of motor2-34
vehicles and public safety shall administer the account. The division may2-35
adopt regulations authorized by this section before, on or after July 1, 1999.2-36
3. All expenditures from the account must be approved in advance by2-37
the division. Except as otherwise provided in subsection 4, all money in the2-38
account must be expended solely to:2-39
(a) Provide supplemental emergency assistance to this state or to local2-40
governments in this state that are severely and adversely affected by a2-41
natural, technological or man-made emergency or disaster for which2-42
available resources of this state or the local government are inadequate to2-43
provide a satisfactory remedy; and3-1
(b) Pay any actual expenses incurred by the division for administration3-2
during a natural, technological or man-made emergency or disaster.3-3
4. Beginning with the fiscal year that begins on July 1, 1999, if any3-4
balance remains in the account at the end of a fiscal year and the balance3-5
has not otherwise been committed for expenditure, the division may, with3-6
the approval of the interim finance committee, allocate all or any portion of3-7
the remaining balance , not to exceed $250,000, to this state or to a local3-8
government to:3-9
(a) Purchase equipment or supplies required for emergency3-10
management; and3-11
(b) Provide training to personnel related to emergency management.3-12
5. Beginning with the fiscal year that begins on July 1, 1999, the3-13
division shall, at the end of each quarter of a fiscal year, submit to the3-14
interim finance committee a report of the expenditures made from the3-15
account for the previous quarter.3-16
6. The division shall adopt such regulations as are necessary to3-17
administer the account.3-18
7. The division may adopt regulations to provide for reimbursement of3-19
expenditures made from the account. If the division requires such3-20
reimbursement, the attorney general shall take such action as is necessary to3-21
recover the amount of any unpaid reimbursement plus interest at a rate3-22
determined pursuant to NRS 17.130, computed from the date on which the3-23
money was removed from the fund, upon request by the division.3-24
Sec. 3. NRS 414.270 is hereby amended to read as follows: 414.270 A state disaster identification team is hereby established3-26
within the division of emergency management of the department of motor3-27
vehicles and public safety. The chief:3-28
1. Shall assign persons with expertise in various fields to the state3-29
disaster identification team; and3-30
2. May activate such persons3-31
3-32
duties of the state disaster identification team3-33
(a) During a state of emergency or declaration of disaster proclaimed3-34
pursuant to NRS 414.070; or3-35
(b) Upon the request of a political subdivision of this state if the chief3-36
determines that the political subdivision requires the services of the state3-37
disaster identification team.3-38
Sec. 4. NRS 414.280 is hereby amended to read as follows: 414.2803-40
shall:3-41
1. Provide technical assistance and personnel to local authorities to3-42
recover, identify and process deceased victims .3-43
4-1
2. Within 2 hours after4-2
4-3
identify and report to the chief the need for medical and health services to:4-4
(a) Establish temporary facilities to be used as a morgue.4-5
(b) Identify deceased victims by using, without limitation, latent4-6
fingerprints and the forensic methods of dentistry, pathology and4-7
anthropology.4-8
(c) Process and dispose of the remains of deceased victims.4-9
Sec. 5. NRS 414.290 is hereby amended to read as follows: 414.2904-11
the state disaster identification team may4-12
4-13
1. The information that is contained in the central repository for4-14
Nevada records of criminal history pursuant to NRS 179A.075.4-15
2. The records of criminal history maintained by an agency of criminal4-16
justice pursuant to NRS 179A.100.4-17
3. The records of missing children maintained by the attorney general4-18
pursuant to NRS 432.170.4-19
4. The records and information concerning missing persons maintained4-20
by the investigation division of the department of motor vehicles and public4-21
safety pursuant to NRS 481.245.4-22
Sec. 6. NRS 414.300 is hereby amended to read as follows: 414.300 The department of motor vehicles and public safety shall4-24
adopt regulations to govern the state disaster identification team. The4-25
regulations must include, without limitation:4-26
1. Guidelines for the chief to:4-27
(a) Assign persons to positions on the state disaster identification team;4-28
and4-29
(b) Determine which members of the state disaster identification team4-30
may be activated4-31
pursuant to NRS 414.270.4-32
2. Provisions governing the organization, administration and operation4-33
of the state disaster identification team.4-34
3. The compensation, if any, to be paid by the department to a member4-35
of the state disaster identification team who is activated4-36
4-37
Sec. 7. NRS 179A.075 is hereby amended to read as follows:4-38
179A.075 1. The central repository for Nevada records of criminal4-39
history is hereby created within the Nevada highway patrol division of the4-40
department.4-41
2. Each agency of criminal justice and any other agency dealing with4-42
crime or delinquency of children shall:5-1
(a) Collect and maintain records, reports and compilations of statistical5-2
data required by the department; and5-3
(b) Submit the information collected to the central repository in the5-4
manner recommended by the advisory committee and approved by the5-5
director of the department.5-6
3. Each agency of criminal justice shall submit the information relating5-7
to sexual offenses and other records of criminal history that it creates or5-8
issues, and any information in its possession relating to the genetic markers5-9
of the blood and the secretor status of the saliva of a person who is5-10
convicted of sexual assault or any other sexual offense, to the division in5-11
the manner prescribed by the director of the department. The information5-12
must be submitted to the division:5-13
(a) Through an electronic network;5-14
(b) On a medium of magnetic storage; or5-15
(c) In the manner prescribed by the director of the department,5-16
within the period prescribed by the director of the department. If an agency5-17
has submitted a record regarding the arrest of a person who is later5-18
determined by the agency not to be the person who committed the5-19
particular crime, the agency shall, immediately upon making that5-20
determination, so notify the division. The division shall delete all5-21
references in the central repository relating to that particular arrest.5-22
4. The division shall, in the manner prescribed by the director of the5-23
department:5-24
(a) Collect, maintain and arrange all information submitted to it relating5-25
to:5-26
(1) Sexual offenses and other records of criminal history; and5-27
(2) The genetic markers of the blood and the secretor status of the5-28
saliva of a person who is convicted of sexual assault or any other sexual5-29
offense.5-30
(b) When practicable, use a record of the personal identifying5-31
information of a subject as the basis for any records maintained regarding5-32
him.5-33
(c) Upon request ,5-34
5-35
contained in the central repository to the state disaster identification team5-36
of the division of emergency management of the department of motor5-37
vehicles and public safety.5-38
5. The division may:5-39
(a) Disseminate any information which is contained in the central5-40
repository to any other agency of criminal justice;5-41
(b) Enter into cooperative agreements with federal and state repositories5-42
to facilitate exchanges of information that may be disseminated pursuant to5-43
paragraph (a); and6-1
(c) Request of and receive from the Federal Bureau of Investigation6-2
information on the background and personal history of any person whose6-3
record of fingerprints the central repository submits to the Federal Bureau6-4
of Investigation and:6-5
(1) Who has applied to any agency of the State of Nevada or any6-6
political subdivision thereof for a license which it has the power to grant or6-7
deny;6-8
(2) With whom any agency of the State of Nevada or any political6-9
subdivision thereof intends to enter into a relationship of employment or a6-10
contract for personal services;6-11
(3) About whom any agency of the State of Nevada or any political6-12
subdivision thereof has a legitimate need to have accurate personal6-13
information for the protection of the agency or the persons within its6-14
jurisdiction; or6-15
(4) For whom such information is required to be obtained pursuant to6-16
NRS 449.179.6-17
6. The central repository shall:6-18
(a) Collect and maintain records, reports and compilations of statistical6-19
data submitted by any agency pursuant to subsection 2.6-20
(b) Tabulate and analyze all records, reports and compilations of6-21
statistical data received pursuant to this section.6-22
(c) Disseminate to federal agencies engaged in the collection of6-23
statistical data relating to crime information which is contained in the6-24
central repository.6-25
(d) Investigate the criminal history of any person who:6-26
(1) Has applied to the superintendent of public instruction for a6-27
license;6-28
(2) Has applied to a county school district for employment; or6-29
(3) Is employed by a county school district,6-30
and notify the superintendent of each county school district and the6-31
superintendent of public instruction if the investigation of the central6-32
repository indicates that the person has been convicted of a violation of6-33
NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a6-34
felony or any offense involving moral turpitude.6-35
(e) Upon discovery, notify the superintendent of each county school6-36
district by providing him with a list of all persons:6-37
(1) Investigated pursuant to paragraph (d); or6-38
(2) Employed by a county school district whose fingerprints were sent6-39
previously to the central repository for investigation,6-40
who the central repository’s records indicate have been convicted of a6-41
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or6-42
convicted of a felony or any offense involving moral turpitude since the6-43
central repository’s initial investigation. The superintendent of each county7-1
school district shall determine whether further investigation or action by the7-2
district is appropriate.7-3
(f) Investigate the criminal history of each person who submits7-4
fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or7-5
449.179.7-6
(g) On or before July 1 of each year, prepare and present to the governor7-7
a printed annual report containing the statistical data relating to crime7-8
received during the preceding calendar year. Additional reports may be7-9
presented to the governor throughout the year regarding specific areas of7-10
crime if they are recommended by the advisory committee and approved by7-11
the director of the department.7-12
(h) On or before July 1 of each year, prepare and submit to the director7-13
of the legislative counsel bureau, for submission to the legislature, or the7-14
legislative commission when the legislature is not in regular session, a7-15
report containing statistical data about domestic violence in this state.7-16
(i) Identify and review the collection and processing of statistical data7-17
relating to criminal justice and the delinquency of children by any agency7-18
identified in subsection 2, and make recommendations for any necessary7-19
changes in the manner of collecting and processing statistical data by any7-20
such agency.7-21
7. The central repository may:7-22
(a) At the recommendation of the advisory committee and in the manner7-23
prescribed by the director of the department, disseminate compilations of7-24
statistical data and publish statistical reports relating to crime or the7-25
delinquency of children.7-26
(b) Charge a reasonable fee for any publication or special report it7-27
distributes relating to data collected pursuant to this section. The central7-28
repository may not collect such a fee from an agency of criminal justice,7-29
any other agency dealing with crime or the delinquency of children which is7-30
required to submit information pursuant to subsection 2 or the state disaster7-31
identification team of the division of emergency management of the7-32
department of motor vehicles and public safety. All money collected7-33
pursuant to this paragraph must be used to pay for the cost of operating the7-34
central repository.7-35
(c) In the manner prescribed by the director of the department, use7-36
electronic means to receive and disseminate information contained in the7-37
central repository that it is authorized to disseminate pursuant to the7-38
provisions of this chapter.7-39
8. As used in this section:7-40
(a) "Advisory committee" means the committee established by the7-41
director of the department pursuant to NRS 179A.078.8-1
(b) "Personal identifying information" means any information designed,8-2
commonly used or capable of being used, alone or in conjunction with any8-3
other information, to identify a person, including, without limitation:8-4
(1) The name, driver’s license number, social security number, date of8-5
birth and photograph or computer generated image of a person; and8-6
(2) The fingerprints, voiceprint, retina image and iris image of a8-7
person.8-8
Sec. 8. NRS 179A.100 is hereby amended to read as follows: 179A.100 1. The following records of criminal history may be8-10
disseminated by an agency of criminal justice without any restriction8-11
pursuant to this chapter:8-12
(a) Any which reflect records of conviction only; and8-13
(b) Any which pertain to an incident for which a person is currently8-14
within the system of criminal justice, including parole or probation.8-15
2. Without any restriction pursuant to this chapter, a record of criminal8-16
history or the absence of such a record may be:8-17
(a) Disclosed among agencies which maintain a system for the mutual8-18
exchange of criminal records.8-19
(b) Furnished by one agency to another to administer the system of8-20
criminal justice, including the furnishing of information by a police8-21
department to a district attorney.8-22
(c) Reported to the central repository.8-23
3. An agency of criminal justice shall disseminate to a prospective8-24
employer, upon request, records of criminal history concerning a8-25
prospective employee or volunteer which:8-26
(a) Reflect convictions only; or8-27
(b) Pertain to an incident for which the prospective employee or8-28
volunteer is currently within the system of criminal justice, including parole8-29
or probation.8-30
4. The central repository shall disseminate to a prospective or current8-31
employer, upon request, information relating to sexual offenses concerning8-32
an employee, prospective employee, volunteer or prospective volunteer8-33
who gives his written consent to the release of that information.8-34
5. Records of criminal history must be disseminated by an agency of8-35
criminal justice upon request, to the following persons or governmental8-36
entities:8-37
(a) The person who is the subject of the record of criminal history for8-38
the purposes of NRS 179A.150.8-39
(b) The person who is the subject of the record of criminal history or his8-40
attorney of record when the subject is a party in a judicial, administrative,8-41
licensing, disciplinary or other proceeding to which the information is8-42
relevant.8-43
(c) The state gaming control board.9-1
(d) The state board of nursing.9-2
(e) The private investigator’s licensing board to investigate an applicant9-3
for a license.9-4
(f) A public administrator to carry out his duties as prescribed in chapter9-5
253 of NRS.9-6
(g) A public guardian to investigate a ward or proposed ward or persons9-7
who may have knowledge of assets belonging to a ward or proposed ward.9-8
(h) Any agency of criminal justice of the United States or of another9-9
state or the District of Columbia.9-10
(i) Any public utility subject to the jurisdiction of the public utilities9-11
commission of Nevada when the information is necessary to conduct a9-12
security investigation of an employee or prospective employee, or to9-13
protect the public health, safety or welfare.9-14
(j) Persons and agencies authorized by statute, ordinance, executive9-15
order, court rule, court decision or court order as construed by appropriate9-16
state or local officers or agencies.9-17
(k) Any person or governmental entity which has entered into a contract9-18
to provide services to an agency of criminal justice relating to the9-19
administration of criminal justice, if authorized by the contract, and if the9-20
contract also specifies that the information will be used only for stated9-21
purposes and that it will be otherwise confidential in accordance with state9-22
and federal law and regulation.9-23
(l) Any reporter for the electronic or printed media in his professional9-24
capacity for communication to the public.9-25
(m) Prospective employers if the person who is the subject of the9-26
information has given written consent to the release of that information by9-27
the agency which maintains it.9-28
(n) For the express purpose of research, evaluative or statistical9-29
programs pursuant to an agreement with an agency of criminal justice.9-30
(o) The division of child and family services of the department of human9-31
resources and any county agency that is operated pursuant to NRS9-32
432B.325 or authorized by a court of competent jurisdiction to receive and9-33
investigate reports of abuse or neglect of children and which provides or9-34
arranges for protective services for such children.9-35
(p) The welfare division of the department of human resources or its9-36
designated representative.9-37
(q) An agency of this or any other state or the Federal Government that9-38
is conducting activities pursuant to Part D of Title IV of the Social Security9-39
Act (42 U.S.C. §§ 651 et seq.).9-40
(r) The state disaster identification team of the division of emergency9-41
management of the department of motor vehicles and public safety .9-42
9-43
10-1
6. Agencies of criminal justice in this state which receive information10-2
from sources outside this state concerning transactions involving criminal10-3
justice which occur outside Nevada shall treat the information as10-4
confidentially as is required by the provisions of this chapter.10-5
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:10-7
(a) The director of the department of motor vehicles and public safety.10-8
(b) The chiefs of the divisions of the department of motor vehicles and10-9
public safety.10-10
(c) The deputy directors of the department of motor vehicles and public10-11
safety employed pursuant to subsection 2 of NRS 481.035.10-12
(d) The investigators and agents of the investigation division of the10-13
department of motor vehicles and public safety and any other officer or10-14
employee of that division whose principal duty is to enforce one or more10-15
laws of this state, and any person promoted from such a duty to a10-16
supervisory position related to such a duty.10-17
(e) The personnel of the capitol police division of the department of10-18
motor vehicles and public safety appointed pursuant to subsection 2 of10-19
NRS 331.140.10-20
2. The personnel of the Nevada highway patrol appointed pursuant to10-21
subsection 2 of NRS 481.150 have the powers of a peace officer specified10-22
in NRS 481.150 and 481.180.10-23
3. Administrators and investigators of the bureau of enforcement of the10-24
registration division of the department of motor vehicles and public safety10-25
have the powers of a peace officer to enforce any law of the State of10-26
Nevada in carrying out their duties10-27
4. Officers and investigators of the section for the control of emissions10-28
from vehicles of the registration division of the department of motor10-29
vehicles and public safety, appointed pursuant to NRS 481.0481, have the10-30
powers of peace officers in carrying out their duties under that section.10-31
5. Members of the state disaster identification team of the division of10-32
emergency management of the department of motor vehicles and public10-33
safety who are, pursuant to NRS 414.270, activated by the chief of the10-34
division10-35
10-36
identification team, have the powers of peace officers in carrying out those10-37
duties.10-38
Sec. 10. Chapter 353 of NRS is hereby amended by adding thereto the10-39
provisions set forth as sections 11, 12 and 13 of this act.10-40
Sec. 11. "Division" means the division of emergency management10-41
of the department of motor vehicles and public safety.11-1
Sec. 12. A local government may request a grant or loan from the11-2
fund if:11-3
1. Pursuant to NRS 414.090, the governing body of the local11-4
government determines that an event which has occurred constitutes a11-5
disaster; and11-6
2. After the division conducts a preliminary assessment of the11-7
damages pursuant to section 13 of this act, the division determines that11-8
an event has occurred that constitutes a disaster.11-9
Sec. 13. 1. A state agency or local government may request the11-10
division to conduct a preliminary assessment of the damages related to11-11
an event for which the state agency or local government seeks a grant or11-12
loan from the fund.11-13
2. Upon receipt of such a request, the division shall investigate the11-14
event or cause the event to be investigated to make a preliminary11-15
assessment of the damages related to the event and shall make or cause11-16
to be made a written report of the damages related to the event.11-17
3. As soon as practicable after completion of the investigation and11-18
preparation of the report of damages, the division shall:11-19
(a) Determine whether the event constitutes a disaster for which the11-20
state agency or local government may seek a grant or loan from the11-21
fund; and11-22
(b) Submit the report prepared pursuant to this section and its written11-23
determination regarding whether the event constitutes a disaster to the11-24
state agency or local government.11-25
4. The division shall prescribe by regulation the information that11-26
must be included in a report of damages, including, without limitation, a11-27
description of the damage caused by the event, an estimate of the costs to11-28
repair such damage and a specification of whether the purpose of the11-29
project is for repair or replacement, emergency response or mitigation.11-30
Sec. 14. NRS 353.2705 is hereby amended to read as follows: 353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and11-32
sections 11, 12 and 13 of this act, unless the context otherwise requires,11-33
the words and terms defined in NRS 353.271 to 353.2731, inclusive, and11-34
section 11 of this act, have the meanings ascribed to them in those sections.11-35
Sec. 15. NRS 353.271 is hereby amended to read as follows: 353.271 "Disaster" means a fire, flood, earthquake, drought, explosion,11-37
civil disturbance or any other occurrence or threatened occurrence that,11-38
regardless of cause:11-39
1. Results in, or may result in, widespread or severe damage to11-40
property or injury to or the death of persons in this state; and11-41
2. As determined by11-42
(a) The governor; or12-1
(b) The governing body of a local government pursuant to NRS12-2
414.090 and the division pursuant to section 13 of this act,12-3
requires immediate action to protect the health, safety and welfare of the12-4
residents of this state.12-5
Sec. 16. NRS 353.2735 is hereby amended to read as follows: 353.2735 1. The disaster relief fund is hereby created as a special12-7
revenue fund. The interim finance committee shall administer the fund.12-8
Except as otherwise provided in subsection 2, money received from:12-9
(a) A direct legislative appropriation to the fund;12-10
(b) A transfer of one-half of the interest earned on money in the fund to12-11
stabilize the operation of state government made pursuant to NRS 353.288;12-12
and12-13
(c) A grant, gift or donation to the fund,12-14
must be deposited in the fund. Except as otherwise provided in NRS12-15
414.135, the interest and income earned on the money in the fund must,12-16
after deducting any applicable charges, be credited to the fund.12-17
2. If, at the end of each quarter of a fiscal year, the balance in the fund12-18
exceeds 0.75 percent of the total amount of all appropriations from the state12-19
general fund for the operation of all departments, institutions and agencies12-20
of state government and authorized expenditures from the state general12-21
fund for the regulation of gaming for that fiscal year, the state controller12-22
shall not, until the balance in the fund is 0.75 percent or less of that amount,12-23
transfer any interest earned on money in the fund to stabilize the operation12-24
of state government from the state general fund to the fund pursuant to the12-25
provisions of NRS 353.288.12-26
3. Money in the fund may be distributed through grants and loans to12-27
state agencies and local governments as provided in NRS 353.2705 to12-28
353.2771, inclusive12-29
otherwise provided in NRS 353.276, such grants will be disbursed on the12-30
basis of reimbursement of costs authorized pursuant to NRS 353.274 and12-31
353.2745.12-32
4. If the governor declares a disaster, the state board of examiners shall12-33
estimate:12-34
(a) The money in the fund that is available for grants and loans for the12-35
disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive12-36
12-37
(b) The anticipated amount of those grants and loans for the disaster.12-38
Except as otherwise provided in this subsection, if the anticipated amount12-39
determined pursuant to paragraph (b) exceeds the available money in the12-40
fund for such grants and loans, all grants and loans from the fund for the12-41
disaster must be reduced in the same proportion that the anticipated amount12-42
of the grants and loans exceeds the money in the fund that is available for12-43
grants and loans for the disaster. If the reduction of a grant or loan from the13-1
fund would result in a reduction in the amount of money that may be13-2
received by a state agency or local government from the Federal13-3
Government, the reduction in the grant or loan must not be made.13-4
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 state13-6
agency because of a disaster for the payment of expenses incurred by the13-7
state agency for:13-8
1. The repair or replacement of public roads, public streets, bridges,13-9
water control facilities, public buildings, public utilities, recreational13-10
facilities and parks owned by the state and damaged by the disaster;13-11
2. Any emergency measures undertaken to save lives, protect public13-12
health and safety or protect public property in the jurisdiction in which the13-13
disaster occurred;13-14
3. The removal of debris from publicly or privately owned land and13-15
waterways undertaken because of the disaster; and13-16
4. The administration of a disaster assistance program.13-17
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 local13-19
government because of a disaster for:13-20
1. The payment of not more than 50 percent of the expenses incurred13-21
by the local government for:13-22
(a) The repair or replacement of public roads, public streets, bridges,13-23
water control facilities, public buildings, public utilities, recreational13-24
facilities and parks owned by the local government and damaged by the13-25
disaster; and13-26
(b) Any emergency measures undertaken to save lives, protect public13-27
health and safety or protect public property in the jurisdiction in which the13-28
disaster occurred; and13-29
2. The payment of not more than 50 percent of any grant match the13-30
local government must provide to obtain a grant from a federal disaster13-31
assistance agency for an eligible project to repair damage caused by the13-32
disaster within the jurisdiction of the local government.13-33
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 local13-35
government because of a disaster for:13-36
1. The payment of expenses incurred by the local government for:13-37
(a) The repair or replacement of public roads, public streets, bridges,13-38
water control facilities, public buildings, public utilities, recreational13-39
facilities and parks owned by the local government and damaged by the13-40
disaster;13-41
(b) Any overtime worked by an employee of the local government13-42
because of the disaster or any other extraordinary expenses incurred by the13-43
local government because of the disaster; and14-1
(c) Any projects to reduce or prevent the possibility of damage to14-2
persons or property from similar disasters in the future; and14-3
2. The payment of not more than 50 percent of any grant match the14-4
local government must provide to obtain a grant from a federal disaster14-5
assistance agency for an eligible project to repair damage caused by the14-6
disaster within the jurisdiction of the local government. Before a loan may14-7
be distributed to a local government pursuant to this subsection:14-8
(a) The interim finance committee must make a determination that the14-9
local government is currently unable to meet its financial obligations; and14-10
(b) The local government must execute a loan agreement in which the14-11
local government agrees to:14-12
(1) Use the money only for the purpose of paying the grant match;14-13
and14-14
(2) Repay the entire amount of the loan, without any interest or other14-15
charges, to the disaster relief fund not later than 10 years after the date on14-16
which the agreement is executed.14-17
Sec. 20. NRS 353.2755 is hereby amended to read as follows: 353.2755 1. A state agency or local government may submit a14-19
request to the state board of examiners for a grant or loan from the fund as14-20
provided in NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and14-21
13 of this act, if:14-22
(a) The agency or local government finds that, because of a disaster, it is14-23
unable to pay for an expense or grant match specified in NRS 353.274,14-24
353.2745 or 353.2751 from money appropriated or otherwise available to14-25
the agency or local government;14-26
(b) The request has been approved by the chief administrative officer of14-27
the state agency or the governing body of the local government14-28
(c) If the requester is an incorporated city, the city has requested14-29
financial assistance from the county and was denied all or a portion of14-30
the requested assistance.14-31
2. A request for a grant or loan submitted pursuant to subsection 114-32
must be made within 60 days after the disaster and must include:14-33
(a) A statement setting forth the amount of money requested by the state14-34
agency or local government;14-35
(b) An assessment of the need of the state agency or local government14-36
for the money requested;14-37
(c) If the request is submitted by a local government that has established14-38
a fund pursuant to NRS 354.6115 to mitigate the effects of a natural14-39
disaster, a statement of the amount of money that is available in that fund, if14-40
any, for the payment of expenses incurred by the local government as a14-41
result of a disaster;15-1
(d) A determination of the type, value and amount of resources the state15-2
agency or local government may be required to provide as a condition for15-3
the receipt of a grant or loan from the fund15-4
(e) A written report of damages prepared by the division and the15-5
written determination made by the division that the event constitutes a15-6
disaster pursuant to section 13 of this act; and15-7
(f) If the requester is an incorporated city, all documents which relate15-8
to a request for assistance submitted to the board of county15-9
commissioners of the county in which the city is located.15-10
Any additional documentation relating to the request that is requested by15-11
the state board of examiners must be submitted within 6 months after the15-12
disaster unless the state board of examiners and the interim finance15-13
committee grants an extension.15-14
3. Upon the receipt of a complete request for a grant or loan submitted15-15
pursuant to subsection 1, the state board of examiners:15-16
(a) Shall consider the request; and15-17
(b) May require any additional information that it determines is15-18
necessary to make a recommendation.15-19
4. If the state board of examiners finds that a grant or loan is15-20
appropriate, it shall include in its recommendation to the interim finance15-21
committee the proposed amount of the grant or loan. If the state board of15-22
examiners recommends a grant, it shall include a recommendation15-23
regarding whether or not the state agency or local government requires15-24
an advance to avoid severe financial hardship. If the state board of15-25
examiners recommends a loan for a local government, it shall include the15-26
information required pursuant to subsection 1 of NRS 353.2765. If the state15-27
board of examiners finds that a grant or loan is not appropriate, it shall15-28
include in its recommendation the reason for its determination.15-29
5. The provisions of this section do not prohibit a state agency or local15-30
government from submitting more than one request for a grant or loan from15-31
the fund.15-32
6. As used in this section, the term "natural disaster" has the meaning15-33
ascribed to it in NRS 354.6115.15-34
Sec. 21. NRS 353.276 is hereby amended to read as follows: 353.276 1. The state board of examiners shall submit a15-36
recommendation for each request for a grant or loan made pursuant to NRS15-37
353.2755 to the director of the legislative counsel bureau. Upon receipt of15-38
the recommendation, the director shall notify the chairman of the interim15-39
finance committee of that recommendation. The chairman shall call a15-40
meeting of the committee to consider the recommendation.15-41
2. The interim finance committee may reject any recommendation of15-42
the state board of examiners and independently evaluate and act upon any15-43
request submitted pursuant to NRS 353.2755.16-1
3. If the interim finance committee finds that a grant or loan from the16-2
fund is appropriate and may be made in accordance with the provisions of16-3
NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this16-4
act, it shall, by resolution:16-5
(a) Establish the amount and purpose of the grant or loan .16-6
16-7
(b) Except as otherwise provided in this paragraph, provide for the16-8
transfer of that amount from the fund to the appropriate state agency or16-9
local government. If the request is for a grant, the interim finance16-10
committee shall authorize disbursement of the grant from the fund on the16-11
basis of reimbursement for costs unless it determines that disbursement16-12
in that manner would cause severe financial hardship to the state agency16-13
or local government. If the interim finance committee determines that16-14
disbursement on the basis of reimbursement of costs would cause severe16-15
financial hardship, the interim finance committee may authorize an16-16
advance of money to the state agency or local government in an amount16-17
not to exceed 25 percent of the total estimated cost of the projects for16-18
which the grant is requested.16-19
4. No grant or loan from the fund may be made by the interim finance16-20
committee to increase the salaries of any officers or employees of the state16-21
or a local government.16-22
Sec. 22. NRS 432.170 is hereby amended to read as follows: 432.170 1. The attorney general shall:16-24
(a) Establish a program to coordinate activities and information in this16-25
state concerning missing or exploited children; and16-26
(b) Appoint a director to administer the provisions of the program.16-27
2. The director is in the unclassified service of the state. To assist the16-28
director in carrying out the provisions of NRS 432.150 to 432.220,16-29
inclusive, the attorney general may appoint such assistants or investigators16-30
as deemed necessary by the attorney general.16-31
3. The director may:16-32
(a) Assist any public or private school in establishing a program of16-33
information about missing or exploited children by providing, free of16-34
charge, materials, publications and instructional aids relating to:16-35
(1) Offenses under federal and state law regarding missing or16-36
exploited children and the abuse or neglect of children.16-37
(2) Governmental and private agencies and programs for locating and16-38
identifying missing or exploited children, preventing the abduction or16-39
disappearance of children and preventing the abuse or neglect of children.16-40
(3) Methods of preventing the abduction or disappearance of children.16-41
(4) Techniques for the investigation of cases involving missing or16-42
exploited children.16-43
(5) Any other issue involving missing or exploited children.17-1
(b) Develop and maintain a system of information concerning missing or17-2
exploited children, including information concerning public or private17-3
resources which may be available to such children and their families.17-4
(c) Accept gifts or donations on behalf of the clearinghouse which must17-5
be accounted for separately and used by the director in carrying out the17-6
provisions of NRS 432.150 to 432.220, inclusive.17-7
(d) Enter into agreements with regional and national organizations for17-8
assistance and exchange of information concerning missing or exploited17-9
children.17-10
(e) Assist in the investigation of children who are reported missing in17-11
this state or who are reported abducted or taken from this state.17-12
4. The director may provide the materials, publications and17-13
instructional aids identified in paragraph (a) of subsection 3 to any other17-14
person or governmental agency for a reasonable fee not to exceed the cost17-15
of preparing the materials.17-16
5. The director shall, upon request ,17-17
17-18
records regarding a missing child to the state disaster identification team of17-19
the division of emergency management of the department of motor vehicles17-20
and public safety.17-21
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 a17-23
dead body by means other than by dental records, he shall have a dental17-24
examination of the body made by a dentist. The dentist shall prepare a17-25
record of his findings and forward it to the investigation division and to the17-26
central repository for Nevada records of criminal history.17-27
2. Each sheriff, chief of police or other law enforcement agency which17-28
receives a report of a person missing under suspicious circumstances who is17-29
18 years or older shall:17-30
(a) Transmit to the investigation division and to the central repository17-31
for Nevada records of criminal history:17-32
(1) The initial report that contains identifying information concerning17-33
the missing person within 72 hours after the receipt of that report; and17-34
(2) Any subsequent report concerning the missing person within 517-35
working days after the receipt of that report if the report contains additional17-36
identifying information concerning the missing person;17-37
(b) Notify immediately such persons and make inquiries concerning the17-38
missing person as the agency deems necessary; and17-39
(c) Enter the information concerning the missing person into the17-40
computer for the National Crime Information Center and the central17-41
repository for Nevada records of criminal history, if appropriate.17-42
3. The sheriff, chief of police or other law enforcement agency shall17-43
request the written consent of the next of kin or guardian of a person who18-1
has been reported to him as missing for 30 days or more to obtain certain18-2
identifying information about the missing person that the National Crime18-3
Information Center recommends be provided from the appropriate18-4
providers of medical care. After receiving the written consent, the sheriff,18-5
chief of police or other law enforcement agency shall obtain the identifying18-6
information from the providers of medical care and forward that18-7
information and any other relevant information to the investigation division18-8
and to the central repository for Nevada records of criminal history for18-9
comparison with the identifying information that is on file concerning18-10
unidentified deceased persons. This subsection does not prevent the18-11
voluntary release of identifying information about the missing person by the18-12
next of kin or guardian of the missing person at any time.18-13
4. The next of kin or guardian of the person reported as missing shall18-14
promptly notify the appropriate law enforcement agency when the missing18-15
person is found.18-16
5. The sheriff, chief of police or other law enforcement agency shall18-17
inform the investigation division, the central repository for Nevada records18-18
of criminal history and the National Crime Information Center when a18-19
missing person has been found.18-20
6. The investigation division and the central repository for Nevada18-21
records of criminal history shall:18-22
(a) Maintain the records and other information forwarded to them18-23
pursuant to subsections 1, 2 and 3 for the purpose of comparing the records18-24
and otherwise assisting in the identification of dead bodies; and18-25
(b) Upon request ,18-26
18-27
other information that are maintained pursuant to this subsection to the state18-28
disaster identification team of the division of emergency management of the18-29
department.18-30
Sec. 24. Section 22 of Assembly Bill No. 626 of this session is hereby18-31
amended to read as follows:18-32
Sec. 22. NRS 179A.075 is hereby amended to read as follows: 179A.075 1. The central repository for Nevada records of18-34
criminal history is hereby created within the Nevada highway patrol18-35
division of the department.18-36
2. Each agency of criminal justice and any other agency dealing18-37
with crime or delinquency of children shall:18-38
(a) Collect and maintain records, reports and compilations of18-39
statistical data required by the department; and18-40
(b) Submit the information collected to the central repository in18-41
the manner recommended by the advisory committee and approved18-42
by the director of the department.19-1
3. Each agency of criminal justice shall submit the information19-2
relating to sexual offenses and other records of criminal history that19-3
it creates or issues, and any information in its possession relating to19-4
the genetic markers of the blood and the secretor status of the saliva19-5
of a person who is convicted of sexual assault or any other sexual19-6
offense, to the division in the manner prescribed by the director of19-7
the department. The information must be submitted to the division:19-8
(a) Through an electronic network;19-9
(b) On a medium of magnetic storage; or19-10
(c) In the manner prescribed by the director of the department,19-11
within the period prescribed by the director of the department. If an19-12
agency has submitted a record regarding the arrest of a person who19-13
is later determined by the agency not to be the person who19-14
committed the particular crime, the agency shall, immediately upon19-15
making that determination, so notify the division. The division shall19-16
delete all references in the central repository relating to that19-17
particular arrest.19-18
4. The division shall, in the manner prescribed by the director19-19
of the department:19-20
(a) Collect, maintain and arrange all information submitted to it19-21
relating to:19-22
(1) Sexual offenses and other records of criminal history; and19-23
(2) The genetic markers of the blood and the secretor status of19-24
the saliva of a person who is convicted of sexual assault or any19-25
other sexual offense.19-26
(b) When practicable, use a record of the personal identifying19-27
information of a subject as the basis for any records maintained19-28
regarding him.19-29
(c) Upon request during a state of emergency or declaration of19-30
disaster proclaimed pursuant to NRS 414.070, provide the19-31
information that is contained in the central repository to the state19-32
disaster identification team of the division of emergency19-33
management of the department of motor vehicles and public safety.19-34
5. The division may:19-35
(a) Disseminate any information which is contained in the19-36
central repository to any other agency of criminal justice;19-37
(b) Enter into cooperative agreements with federal and state19-38
repositories to facilitate exchanges of information that may be19-39
disseminated pursuant to paragraph (a); and19-40
(c) Request of and receive from the Federal Bureau of19-41
Investigation information on the background and personal history of19-42
any person whose record of fingerprints the central repository19-43
submits to the Federal Bureau of Investigation and:20-1
(1) Who has applied to any agency of the State of Nevada or20-2
any political subdivision thereof for a license which it has the power20-3
to grant or deny;20-4
(2) With whom any agency of the State of Nevada or any20-5
political subdivision thereof intends to enter into a relationship of20-6
employment or a contract for personal services;20-7
(3) About whom any agency of the State of Nevada or any20-8
political subdivision thereof has a legitimate need to have accurate20-9
personal information for the protection of the agency or the persons20-10
within its jurisdiction; or20-11
(4) For whom such information is required to be obtained20-12
pursuant to NRS 449.179.20-13
6. The central repository shall:20-14
(a) Collect and maintain records, reports and compilations of20-15
statistical data submitted by any agency pursuant to subsection 2.20-16
(b) Tabulate and analyze all records, reports and compilations of20-17
statistical data received pursuant to this section.20-18
(c) Disseminate to federal agencies engaged in the collection of20-19
statistical data relating to crime information which is contained in20-20
the central repository.20-21
(d) Investigate the criminal history of any person who:20-22
(1) Has applied to the superintendent of public instruction for20-23
a license;20-24
(2) Has applied to a county school district for employment; or20-25
(3) Is employed by a county school district,20-26
and notify the superintendent of each county school district and the20-27
superintendent of public instruction if the investigation of the20-28
central repository indicates that the person has been convicted of a20-29
violation of NRS 200.508, 201.230, 453.3385, 453.339 or20-30
453.3395, or convicted of a felony or any offense involving moral20-31
turpitude.20-32
(e) Upon discovery, notify the superintendent of each county20-33
school district by providing him with a list of all persons:20-34
(1) Investigated pursuant to paragraph (d); or20-35
(2) Employed by a county school district whose fingerprints20-36
were sent previously to the central repository for investigation,20-37
who the central repository’s records indicate have been convicted of20-38
a violation of NRS 200.508, 201.230, 453.3385, 453.339 or20-39
453.3395, or convicted of a felony or any offense involving moral20-40
turpitude since the central repository’s initial investigation. The20-41
superintendent of each county school district shall determine20-42
whether further investigation or action by the district is appropriate.21-1
(f) Investigate the criminal history of each person who submits21-2
fingerprints or has his fingerprints submitted pursuant to NRS21-3
449.176 or 449.179.21-4
(g) On or before July 1 of each year, prepare and present to the21-5
governor a printed annual report containing the statistical data21-6
relating to crime received during the preceding calendar year.21-7
Additional reports may be presented to the governor throughout the21-8
year regarding specific areas of crime if they are recommended by21-9
the advisory committee and approved by the director of the21-10
department.21-11
(h) On or before July 1 of each year, prepare and submit to the21-12
director of the legislative counsel bureau, for submission to the21-13
legislature, or the legislative commission when the legislature is not21-14
in regular session, a report containing statistical data about domestic21-15
violence in this state.21-16
(i) Identify and review the collection and processing of statistical21-17
data relating to criminal justice and the delinquency of children by21-18
any agency identified in subsection 2, and make recommendations21-19
for any necessary changes in the manner of collecting and21-20
processing statistical data by any such agency.21-21
7. The central repository may:21-22
(a) At the recommendation of the advisory committee and in the21-23
manner prescribed by the director of the department, disseminate21-24
compilations of statistical data and publish statistical reports21-25
relating to crime or the delinquency of children.21-26
(b) Charge a reasonable fee for any publication or special report21-27
it distributes relating to data collected pursuant to this section. The21-28
central repository may not collect such a fee from an agency of21-29
criminal justice, any other agency dealing with crime or the21-30
delinquency of children which is required to submit information21-31
pursuant to subsection 2 or the state disaster identification team of21-32
the division of emergency management of the department of motor21-33
vehicles and public safety. All money collected pursuant to this21-34
paragraph must be used to pay for the cost of operating the central21-35
repository.21-36
(c) In the manner prescribed by the director of the department,21-37
use electronic means to receive and disseminate information21-38
contained in the central repository that it is authorized to21-39
disseminate pursuant to the provisions of this chapter.21-40
8. As used in this section:21-41
(a) "Advisory committee" means the committee established by21-42
the director of the department pursuant to NRS 179A.078.22-1
(b) "Personal identifying information" means any information22-2
designed, commonly used or capable of being used, alone or in22-3
conjunction with any other information, to identify a person,22-4
including, without limitation:22-5
(1) The name, driver’s license number, social security22-6
number, date of birth and photograph or computer generated image22-7
of a person; and22-8
(2) The fingerprints, voiceprint, retina image and iris image of22-9
a person.22-10
Sec. 25. 1. There is hereby appropriated from the state general fund22-11
to the division of emergency management of the department of motor22-12
vehicles and public safety the sum of $90,000 for training, supplies and22-13
statewide activities related to emergency management.22-14
2. Any remaining balance of the appropriation made in subsection 122-15
must not be committed for expenditure after July 1, 2001, and reverts to the22-16
state general fund as soon as all payments of money committed have been22-17
made.22-18
Sec. 26. 1. There is hereby appropriated from the state general fund22-19
to the division of emergency management of the department of motor22-20
vehicles and public safety the sum of $30,000 for contract computer22-21
programming assistance on software relating to emergency management.22-22
2. Any remaining balance of the appropriation made in subsection 122-23
must not be committed for expenditure after July 1, 2001, and reverts to the22-24
state general fund as soon as all payments of money committed have been22-25
made.22-26
Sec. 27. 1. This section and section 26 of this act become effective22-27
upon passage and approval.22-28
2. Sections 1, 10 to 21, inclusive, 24 and 25 of this act become22-29
effective on October 1, 1999.22-30
3. Sections 2 to 9, inclusive, 22 and 23 of this act become effective at22-31
12:01 a.m. on October 1, 1999.~