2001 REGULAR SESSION (71st) A SB306 1213
Amendment Box: Resolves conflicts with A.B. No. 386, A.B. No. 489, A.B. No. 560, A.B. No. 618, S.B. No. 289, S.B. No. 327, S.B. No. 401 and S.B. No. 522. Makes substantive change.
Resolves Conflicts with: AB386, AB489, AB560, AB618, SB289, SB327, SB401, SB522
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting line 8 and inserting:
“(b) Is in the unclassified service of the state.”.
Amend sec. 6, page 7, by deleting lines 7 through 17 and inserting:
“284.140 The unclassified service of the state consists of the following state officers or employees in the executive department of the state government who receive annual salaries for their service:
1. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
2. Except as otherwise provided in section 3 of Senate Bill No. 401 of this [act] session and NRS 223.085 and 223.570, all persons required by law to be”.
Amend sec. 6, page 7, line 20, by deleting “5.” and inserting “3.”.
Amend sec. 6, page 7, line 23, by deleting “6.” and inserting “4.”.
Amend sec. 6, page 7, by deleting lines 33 through 41.
Amend sec. 6, page 7, line 42, by deleting “11.” and inserting “5.”.
Amend sec. 8, page 8, by deleting lines 31 through 33 and inserting:
“289.550 1. Except as otherwise provided in subsection 2, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission within 1 year after the date on which the person commences employment as a peace officer unless the commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.
2. The following persons are not required to be certified by the commission:”.
Amend sec. 8, page 8, line 34, by deleting “1.” and inserting “(a)”.
Amend sec. 8, page 8, line 35, by deleting “2.” and inserting “(b)”.
Amend sec. 8, page 8, line 36, by deleting “3.” and inserting “(c)”.
Amend sec. 8, page 8, line 37, by deleting “4.” and inserting “(d)”.
Amend sec. 8, page 8, line 42, by deleting “5.” and inserting “(e)”.
Amend sec. 8, page 8, line 43, by deleting “6.” and inserting “(f)”.
Amend sec. 8, page 8, line 45, by deleting “7.” and inserting “(g)”.
Amend sec. 8, page 8, line 46, by deleting “[7.] 8.” and inserting “[(g)] (h)”.
Amend sec. 11, page 9, by deleting line 12 and inserting:
“explosion, civil disturbance, crisis involving violence on school property, at a school activity or on a school bus, or any other occurrence or threatened”.
Amend sec. 19, page 13, line 40, by deleting “and”.
Amend sec. 19, page 13, by deleting line 41 and inserting:
“(b) Provide training to personnel related to emergency management; and
(c) Carry out the provisions of sections 2 to 16, inclusive, of Senate Bill No. 289 of this [act.] session.”.
Amend sec. 32, page 20, line 11, after “appropriation” by inserting “or authorization”.
Amend the bill as a whole by renumbering sections 37 through 39 as sections 42 through 44 and adding new sections designated sections 37 through 41, following sec. 36, to read as follows:
“Sec. 37. Section 3 of Assembly Bill No. 489 of this session is hereby amended to read as follows:
Sec. 3. 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] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense,] an offense listed in subsection 4 of NRS 176.0913, 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
(c) In the manner prescribed by the director of the department,
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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] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense.] an offense listed in subsection 4 of NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act.] session.
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
(c) Request of and receive from the Federal Bureau of 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.
(c) Disseminate to federal agencies engaged in the collection of 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,
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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,
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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 office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this[act.] session. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, 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. 38. Section 240 of Assembly Bill No. 618 of this session is hereby amended to read as
follows:
Sec. 240. 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.
(c) Reported to the central repository.
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.
(c) The state gaming control board.
(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 office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act.] session.
(s) The commissioner of insurance.
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. 39. Section 10 of Senate Bill No. 327 of this session is hereby amended to read as follows:
Sec. 10. NRS 459.742 is hereby amended to read as follows:
459.742 The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this state;
4. Provide technical assistance and administrative support to the telecommunications unit of the communication and computing division of the department of information technology for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the contingency account for hazardous materials;
8. Adopt regulations setting forth the manner in which the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act] session shall:
(a) Allocate money received by the division which relates to hazardous materials or is received pursuant to [Public Law 99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and
(b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, [Public Law 99-499 and Title I of Public Law 93-633.] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.
Sec. 40. Section 7 of Senate Bill No. 401 of this session is hereby amended to read as follows:
Sec. 7. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the state consists of the following state officers or employees in the executive department of the state government who receive annual salaries for their service:
1. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
2. Except as otherwise provided in section 3 of this act and NRS 223.085 and 223.570, all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
3. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
4. Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.
5. All other officers and employees authorized by law to be employed in the unclassified service.
Sec. 41. Section 10 of Senate Bill No. 401 of this session is hereby amended to read as follows:
Sec. 10. 1. This section and sections 1 to 6, inclusive, 8 and 9 of this act become effective on July 1, 2001.
2. Section 7 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend sec. 39, page 22, by deleting line 16 and inserting:
“Sec. 44. 1. This section and sections 1 to 5, inclusive, 7, 9, 10, 12 to 18, inclusive, and 20 to 43, inclusive, of this act become effective on July 1, 2001.
2. Sections 8, 11 and 19 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 6 of this act becomes effective at 12:02 a.m. on July 1, 2001.”.