Senate Bill No. 346–Committee on Human Resources
and Facilities

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

March 10, 1999

____________

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises composition and duties of commission on substance abuse education, prevention, enforcement and treatment. (BDR 40-497)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the commission on substance abuse education, prevention, enforcement and treatment; revising the composition and duties of the commission; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 458.380 is hereby amended to read as follows:

1-2 458.380 1. The commission on substance abuse education,

1-3 prevention, enforcement and treatment is hereby created within the

1-4 department of motor vehicles and public safety.

1-5 2. The governor shall appoint [:] as voting members of the

1-6 commission:

1-7 (a) Three members who represent [law enforcement] the criminal

1-8 justice system and are knowledgeable in the areas of the [penal system,]

1-9 enforcement of laws relating to drugs, parole and probation and the

1-10 judicial system [;] , at least one of whom is a peace officer;

1-11 (b) Three members who represent [the state board of education, local

1-12 school districts, teachers and] education and are knowledgeable about

1-13 programs for the prevention of abuse of drugs and alcohol [;] , at least one

1-14 of whom is a licensed employee of a local school district;

2-1 (c) Three members who [are managers of programs which are] represent

2-2 programs and organizations for the rehabilitation of persons who abuse

2-3 drugs and alcohol, at least one of whom is a manager of a program

2-4 accredited by the state to treat persons who abuse drugs and alcohol; [and

2-5 (d) Four]

2-6 (d) One member who is employed by the bureau and has experience in

2-7 matters concerning budgeting and experience in working with the

2-8 programs of the bureau;

2-9 (e) One member who is employed by the division of mental health and

2-10 developmental services of the department of human resources who has

2-11 relevant experience, which may include, without limitation, experience in

2-12 matters concerning budgeting and experience in working with programs

2-13 of the division of mental health and developmental services of the

2-14 department of human resources;

2-15 (f) One member who represents the interests of private businesses

2-16 concerning substance abuse in the workplace; and

2-17 (g) Three members who represent the general public [.] , one of whom

2-18 is the parent of a child who has a mental illness or who has or has had a

2-19 problem with substance abuse.

2-20 3. At least three of the voting members of the commission must be

2-21 representatives of northern Nevada, three must be representatives of

2-22 southern Nevada and three must be representatives of rural Nevada.

2-23 4. The legislative commission shall appoint one member of the

2-24 senate and one member of the assembly to serve as nonvoting members

2-25 of the commission. Such members must be appointed with appropriate

2-26 regard for their experience with and knowledge of matters relating to

2-27 substance abuse education, prevention, enforcement and treatment.

2-28 5. The director of the department of human resources, the

2-29 superintendent of public instruction, the director of the department of

2-30 employment, training and rehabilitation, the director of the department of

2-31 prisons, the attorney general and the director of the department of motor

2-32 vehicles and public safety are ex officio nonvoting members of the

2-33 commission. An ex officio member may designate a representative to serve

2-34 in his place on the commission or to attend a meeting of the commission in

2-35 his place. Each ex officio member or his representative shall attend each

2-36 meeting of the commission and provide any information which the

2-37 commission requests.

2-38 [5.] 6. The term of office of each [appointed] voting member of the

2-39 commission is 2 years.

2-40 [6.] 7. The governor shall appoint one member who is not an elected

2-41 official to serve as chairman of the commission.

3-1 [7.] 8. Each member of the commission is entitled to receive the per

3-2 diem allowance and travel expenses provided for state officers and

3-3 employees generally.

3-4 9. Except during a regular or special session of the legislature, each

3-5 legislative member of the commission is entitled to receive the

3-6 compensation provided for a majority of the members of the legislature

3-7 during the first 60 days of the preceding regular session for each day or

3-8 portion of a day during which he attends a meeting of the commission or

3-9 is otherwise engaged in the business of the commission. The salaries and

3-10 expenses of the legislative members of the commission must be paid from

3-11 the legislative fund.

3-12 Sec. 2. NRS 458.390 is hereby amended to read as follows:

3-13 458.390 1. The commission shall meet at least quarterly or by a call

3-14 of the chairman or majority of the members of the commission.

3-15 2. [Seven] Eight voting members of the commission, including at least

3-16 one member who is a representative of southern Nevada, one member who

3-17 is a representative of northern Nevada and one member who is a

3-18 representative of rural Nevada, constitute a quorum.

3-19 3. A quorum may exercise all of the powers conferred on the

3-20 commission.

3-21 4. The chairman of the commission may divide the commission into

3-22 subcommittees. The commission may delegate one or more of the powers

3-23 conferred on the commission to a subcommittee of the commission.

3-24 5. The commission shall prescribe rules for its own management and

3-25 government.

3-26 Sec. 3. NRS 458.400 is hereby amended to read as follows:

3-27 458.400 1. The commission may accept gifts, grants, appropriations

3-28 and donations if its acceptance does not reduce, limit or cause it to be in

3-29 competition for money normally available to local agencies and community

3-30 programs, unless otherwise provided by a specific statute.

3-31 2. All money received by the commission must be deposited in the

3-32 fund for substance abuse education, prevention, enforcement and treatment

3-33 which is hereby created as a special revenue fund.

3-34 3. The money in the fund may be used only to:

3-35 (a) Make grants pursuant to [programs for substance abuse education,

3-36 prevention, enforcement and treatment;] subsection 5 of NRS 458.420; and

3-37 (b) Carry out the provisions of NRS 458.370 to 458.420, inclusive.

3-38 4. All claims against the fund must be paid as other claims against the

3-39 state are paid.

3-40 5. Any money received by the commission on the condition that it be

3-41 expended for a specific purpose must be accounted for separately in the

3-42 fund.

4-1 Sec. 4. NRS 458.420 is hereby amended to read as follows:

4-2 458.420 The commission shall:

4-3 1. Develop , [and] coordinate and adopt a state master plan . [that

4-4 must] The plan:

4-5 (a) May include, without limitation [:

4-6 (a) All existing and future] , any plans and reports developed by state

4-7 and local agencies, task forces, councils, committees and community

4-8 programs for substance abuse education, prevention, enforcement and

4-9 treatment . [;]

4-10 (b) Must include:

4-11 (1) A summary of the current activities of the commission;

4-12 [(c)] (2) The goals and objectives of the commission;

4-13 [(d)] (3) The order of priority concerning the efforts required to achieve

4-14 the goals and objectives of the commission; and

4-15 [(e) A statement of the roles of state and local governmental agencies

4-16 and the private sector in the achievement of the goals and objectives of the

4-17 commission.]

4-18 (4) Suggestions and advice to the bureau concerning the programs

4-19 of the bureau.

4-20 2. Prepare and deliver to the governor on or before [September] July 1

4-21 of each even-numbered year a report that summarizes the status of the state

4-22 master plan and of the efforts of the commission to achieve its goals and

4-23 objectives.

4-24 3. Hold and coordinate public hearings throughout the state as are

4-25 necessary to receive information from the public relating to education

4-26 concerning the abuse of drugs and alcohol, prevention and treatment of the

4-27 abuse of drugs and alcohol and the enforcement of laws relating to drugs

4-28 and alcohol.

4-29 4. [Encourage the creation of state and local task forces, councils and

4-30 committees relating to education concerning the abuse of drugs and

4-31 alcohol, prevention and treatment of the abuse of drugs and alcohol and

4-32 enforcement of laws relating to drugs and alcohol and develop procedures

4-33 to receive information and recommendations from the task forces, councils

4-34 and committees on a regular basis.

4-35 5.] Recommend to the governor [in its annual report] annually any

4-36 proposed legislation relating to education concerning the abuse of drugs

4-37 and alcohol, prevention and treatment of the abuse of drugs and alcohol and

4-38 enforcement of laws relating to drugs and alcohol.

4-39 5. Make grants of available money to programs that provide

4-40 substance abuse education, prevention, enforcement and treatment and

4-41 to organizations that evaluate such programs.

5-1 6. Collect, evaluate and disseminate information concerning [the] :

5-2 (a) The performance of the programs for [substance] drug abuse

5-3 education, prevention, enforcement and treatment [.

5-4 7. Disseminate information concerning any new developments in

5-5 research or programs for substance] ; and

5-6 (b) Proposed legislation relating to drug abuse education, prevention,

5-7 enforcement and treatment.

5-8 [8.] 7. Establish a program to recognize publicly persons and programs

5-9 that have helped to prevent and treat the abuse of drugs and alcohol and

5-10 enforce laws relating to drugs and alcohol in this state.

5-11 [9. Disseminate information concerning the provisions of NRS 62.2255

5-12 to 62.227, inclusive, with the assistance of the department of employment,

5-13 training and rehabilitation, the department of motor vehicles and public

5-14 safety, and the superintendent of public instruction.]

5-15 Sec. 5. NRS 458.410 is hereby repealed.

5-16 Sec. 6. This act becomes effective on July 1, 1999.

 

5-17 TEXT OF REPEALED SECTION

 

5-18 458.410 Recommendation of policies and priorities for use of

5-19 federal money; grants. The commission shall:

5-20 1. Recommend policies and priorities for the use of the money which

5-21 the state receives from the United States Department of Justice, United

5-22 States Department of Education or United States Department of Health and

5-23 Human Services for programs for substance abuse education, prevention,

5-24 enforcement and treatment.

5-25 2. Make grants of available money to programs for substance abuse

5-26 education, prevention, enforcement and treatment.

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