S.B. 306
Senate Bill No. 306–Senators Rawson and Jacobsen
March 9, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to emergency management. (BDR 18‑1231)
FISCAL NOTE: Effect on Local Government: No.
~
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 emergency management; abolishing the division of emergency management of the department of motor vehicles and public safety; creating an office of emergency management in the office of the governor for administration and enforcement of provisions relating to the management of emergencies in this state; creating the position of director of the office of emergency management; 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. Chapter 223 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. The office of emergency management is hereby created within the
1-4 office of the governor. The governor shall appoint a director of the office
1-5 of emergency management and shall prescribe the terms and conditions
1-6 of employment for the director. The director:
1-7 (a) Serves at the pleasure of the governor; and
1-8 (b) Is not in the classified or unclassified service of the state.
1-9 2. The office of emergency management is the state agency for
1-10 emergency management and the state agency for civil defense for the
1-11 purposes of the compact ratified by the legislature pursuant to NRS
1-12 415.010. The director is the state’s director of emergency management
1-13 and the state’s director of civil defense for the purposes of that compact.
1-14 3. The director may employ technical, clerical, stenographic and
1-15 other personnel as may be required, and may make such expenditures
1-16 therefor and for other expenses of his office within the appropriation
1-17 therefor, or from other money made available to him for purposes of
1-18 emergency management, as may be necessary to carry out the purposes
1-19 of this chapter.
1-20 4. The office of emergency management shall:
2-1 (a) Perform the duties required pursuant to NRS 353.2753 at the
2-2 request of a state agency or local government; and
2-3 (b) Administer and enforce the provisions of chapter 414 of NRS and
2-4 perform such duties and exercise such powers as may be conferred upon
2-5 it pursuant to chapter 414 of NRS and the provisions of any other laws.
2-6 5. Money collected or received by the office of emergency
2-7 management must be deposited with the state treasurer for credit to an
2-8 appropriate account of the office of emergency management.
2-9 Sec. 2. NRS 233F.170 is hereby amended to read as follows:
2-10 233F.170 In the event of any emergency, the governor may direct the
2-11 [division] office of emergency management [of the department of motor
2-12 vehicles and public safety] created pursuant to section 1 of this act to
2-13 assume control over all or part of the state communications system.
2-14 Sec. 3. NRS 179A.075 is hereby amended to read as follows:
2-15 179A.075 1. The central repository for Nevada records of criminal
2-16 history is hereby created within the Nevada highway patrol division of the
2-17 department.
2-18 2. Each agency of criminal justice and any other agency dealing with
2-19 crime or delinquency of children shall:
2-20 (a) Collect and maintain records, reports and compilations of statistical
2-21 data required by the department; and
2-22 (b) Submit the information collected to the central repository in the
2-23 manner recommended by the advisory committee and approved by the
2-24 director of the department.
2-25 3. Each agency of criminal justice shall submit the information relating
2-26 to sexual offenses and other records of criminal history that it creates or
2-27 issues, and any information in its possession relating to the genetic markers
2-28 of the blood and the secretor status of the saliva of a person who is
2-29 convicted of sexual assault or any other sexual offense, to the division in
2-30 the manner prescribed by the director of the department. The information
2-31 must be submitted to the division:
2-32 (a) Through an electronic network;
2-33 (b) On a medium of magnetic storage; or
2-34 (c) In the manner prescribed by the director of the department,
2-35 within the period prescribed by the director of the department. If an agency
2-36 has submitted a record regarding the arrest of a person who is later
2-37 determined by the agency not to be the person who committed the
2-38 particular crime, the agency shall, immediately upon making that
2-39 determination, so notify the division. The division shall delete all
2-40 references in the central repository relating to that particular arrest.
2-41 4. The division shall, in the manner prescribed by the director of the
2-42 department:
2-43 (a) Collect, maintain and arrange all information submitted to it relating
2-44 to:
2-45 (1) Sexual offenses and other records of criminal history; and
2-46 (2) The genetic markers of the blood and the secretor status of the
2-47 saliva of a person who is convicted of sexual assault or any other sexual
2-48 offense.
3-1 (b) When practicable, use a record of the personal identifying
3-2 information of a subject as the basis for any records maintained regarding
3-3 him.
3-4 (c) Upon request, provide the information that is contained in the central
3-5 repository to the state disaster identification team of the [division] office of
3-6 emergency management [of the department of motor vehicles and public
3-7 safety.] created pursuant to section 1 of this act.
3-8 5. The division may:
3-9 (a) Disseminate any information which is contained in the central
3-10 repository to any other agency of criminal justice;
3-11 (b) Enter into cooperative agreements with federal and state repositories
3-12 to facilitate exchanges of information that may be disseminated pursuant to
3-13 paragraph (a); and
3-14 (c) Request of and receive from the Federal Bureau of Investigation
3-15 information on the background and personal history of any person whose
3-16 record of fingerprints the central repository submits to the Federal Bureau
3-17 of Investigation and:
3-18 (1) Who has applied to any agency of the State of Nevada or any
3-19 political subdivision thereof for a license which it has the power to grant or
3-20 deny;
3-21 (2) With whom any agency of the State of Nevada or any political
3-22 subdivision thereof intends to enter into a relationship of employment or a
3-23 contract for personal services;
3-24 (3) About whom any agency of the State of Nevada or any political
3-25 subdivision thereof has a legitimate need to have accurate personal
3-26 information for the protection of the agency or the persons within its
3-27 jurisdiction; or
3-28 (4) For whom such information is required to be obtained pursuant to
3-29 NRS 449.179.
3-30 6. The central repository shall:
3-31 (a) Collect and maintain records, reports and compilations of statistical
3-32 data submitted by any agency pursuant to subsection 2.
3-33 (b) Tabulate and analyze all records, reports and compilations of
3-34 statistical data received pursuant to this section.
3-35 (c) Disseminate to federal agencies engaged in the collection of
3-36 statistical data relating to crime information which is contained in the
3-37 central repository.
3-38 (d) Investigate the criminal history of any person who:
3-39 (1) Has applied to the superintendent of public instruction for a
3-40 license;
3-41 (2) Has applied to a county school district for employment; or
3-42 (3) Is employed by a county school district,
3-43 and notify the superintendent of each county school district and the
3-44 superintendent of public instruction if the investigation of the central
3-45 repository indicates that the person has been convicted of a violation of
3-46 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a
3-47 felony or any offense involving moral turpitude.
3-48 (e) Upon discovery, notify the superintendent of each county school
3-49 district by providing him with a list of all persons:
4-1 (1) Investigated pursuant to paragraph (d); or
4-2 (2) Employed by a county school district whose fingerprints were
4-3 sent previously to the central repository for investigation,
4-4 who the central repository’s records indicate have been convicted of a
4-5 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or
4-6 convicted of a felony or any offense involving moral turpitude since the
4-7 central repository’s initial investigation. The superintendent of each county
4-8 school district shall determine whether further investigation or action by
4-9 the district is appropriate.
4-10 (f) Investigate the criminal history of each person who submits
4-11 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or
4-12 449.179.
4-13 (g) On or before July 1 of each year, prepare and present to the
4-14 governor a printed annual report containing the statistical data relating to
4-15 crime received during the preceding calendar year. Additional reports may
4-16 be presented to the governor throughout the year regarding specific areas
4-17 of crime if they are recommended by the advisory committee and approved
4-18 by the director of the department.
4-19 (h) On or before July 1 of each year, prepare and submit to the director
4-20 of the legislative counsel bureau, for submission to the legislature, or the
4-21 legislative commission when the legislature is not in regular session, a
4-22 report containing statistical data about domestic violence in this state.
4-23 (i) Identify and review the collection and processing of statistical data
4-24 relating to criminal justice and the delinquency of children by any agency
4-25 identified in subsection 2, and make recommendations for any necessary
4-26 changes in the manner of collecting and processing statistical data by any
4-27 such agency.
4-28 7. The central repository may:
4-29 (a) At the recommendation of the advisory committee and in the manner
4-30 prescribed by the director of the department, disseminate compilations of
4-31 statistical data and publish statistical reports relating to crime or the
4-32 delinquency of children.
4-33 (b) Charge a reasonable fee for any publication or special report it
4-34 distributes relating to data collected pursuant to this section. The central
4-35 repository may not collect such a fee from an agency of criminal justice,
4-36 any other agency dealing with crime or the delinquency of children which
4-37 is required to submit information pursuant to subsection 2 or the state
4-38 disaster identification team of the [division] office of emergency
4-39 management [of the department of motor vehicles and public safety.]
4-40 created pursuant to section 1 of this act. All money collected pursuant to
4-41 this paragraph must be used to pay for the cost of operating the central
4-42 repository.
4-43 (c) In the manner prescribed by the director of the department, use
4-44 electronic means to receive and disseminate information contained in the
4-45 central repository that it is authorized to disseminate pursuant to the
4-46 provisions of this chapter.
4-47 8. As used in this section:
4-48 (a) “Advisory committee” means the committee established by the
4-49 director of the department pursuant to NRS 179A.078.
5-1 (b) “Personal identifying information” means any information designed,
5-2 commonly used or capable of being used, alone or in conjunction with any
5-3 other information, to identify a person, including, without limitation:
5-4 (1) The name, driver’s license number, social security number, date
5-5 of birth and photograph or computer generated image of a person; and
5-6 (2) The fingerprints, voiceprint, retina image and iris image of a
5-7 person.
5-8 Sec. 4. NRS 179A.100 is hereby amended to read as follows:
5-9 179A.100 1. The following records of criminal history may be
5-10 disseminated by an agency of criminal justice without any restriction
5-11 pursuant to this chapter:
5-12 (a) Any which reflect records of conviction only; and
5-13 (b) Any which pertain to an incident for which a person is currently
5-14 within the system of criminal justice, including parole or probation.
5-15 2. Without any restriction pursuant to this chapter, a record of criminal
5-16 history or the absence of such a record may be:
5-17 (a) Disclosed among agencies which maintain a system for the mutual
5-18 exchange of criminal records.
5-19 (b) Furnished by one agency to another to administer the system of
5-20 criminal justice, including the furnishing of information by a police
5-21 department to a district attorney.
5-22 (c) Reported to the central repository.
5-23 3. An agency of criminal justice shall disseminate to a prospective
5-24 employer, upon request, records of criminal history concerning a
5-25 prospective employee or volunteer which:
5-26 (a) Reflect convictions only; or
5-27 (b) Pertain to an incident for which the prospective employee or
5-28 volunteer is currently within the system of criminal justice, including
5-29 parole or probation.
5-30 4. The central repository shall disseminate to a prospective or current
5-31 employer, upon request, information relating to sexual offenses concerning
5-32 an employee, prospective employee, volunteer or prospective volunteer
5-33 who gives his written consent to the release of that information.
5-34 5. Records of criminal history must be disseminated by an agency of
5-35 criminal justice upon request, to the following persons or governmental
5-36 entities:
5-37 (a) The person who is the subject of the record of criminal history for
5-38 the purposes of NRS 179A.150.
5-39 (b) The person who is the subject of the record of criminal history or his
5-40 attorney of record when the subject is a party in a judicial, administrative,
5-41 licensing, disciplinary or other proceeding to which the information is
5-42 relevant.
5-43 (c) The state gaming control board.
5-44 (d) The state board of nursing.
5-45 (e) The private investigator’s licensing board to investigate an applicant
5-46 for a license.
5-47 (f) A public administrator to carry out his duties as prescribed in chapter
5-48 253 of NRS.
6-1 (g) A public guardian to investigate a ward or proposed ward or persons
6-2 who may have knowledge of assets belonging to a ward or proposed ward.
6-3 (h) Any agency of criminal justice of the United States or of another
6-4 state or the District of Columbia.
6-5 (i) Any public utility subject to the jurisdiction of the public utilities
6-6 commission of Nevada when the information is necessary to conduct a
6-7 security investigation of an employee or prospective employee, or to
6-8 protect the public health, safety or welfare.
6-9 (j) Persons and agencies authorized by statute, ordinance, executive
6-10 order, court rule, court decision or court order as construed by appropriate
6-11 state or local officers or agencies.
6-12 (k) Any person or governmental entity which has entered into a contract
6-13 to provide services to an agency of criminal justice relating to the
6-14 administration of criminal justice, if authorized by the contract, and if the
6-15 contract also specifies that the information will be used only for stated
6-16 purposes and that it will be otherwise confidential in accordance with state
6-17 and federal law and regulation.
6-18 (l) Any reporter for the electronic or printed media in his professional
6-19 capacity for communication to the public.
6-20 (m) Prospective employers if the person who is the subject of the
6-21 information has given written consent to the release of that information by
6-22 the agency which maintains it.
6-23 (n) For the express purpose of research, evaluative or statistical
6-24 programs pursuant to an agreement with an agency of criminal justice.
6-25 (o) The division of child and family services of the department of
6-26 human resources and any county agency that is operated pursuant to NRS
6-27 432B.325 or authorized by a court of competent jurisdiction to receive and
6-28 investigate reports of abuse or neglect of children and which provides or
6-29 arranges for protective services for such children.
6-30 (p) The welfare division of the department of human resources or its
6-31 designated representative.
6-32 (q) An agency of this or any other state or the Federal Government that
6-33 is conducting activities pursuant to Part D of Title IV of the Social Security
6-34 Act , [(]42 U.S.C. §§ 651 et seq.[).]
6-35 (r) The state disaster identification team of the [division] office of
6-36 emergency management [of the department of motor vehicles and public
6-37 safety.] created pursuant to section 1 of this act.
6-38 6. Agencies of criminal justice in this state which receive information
6-39 from sources outside this state concerning transactions involving criminal
6-40 justice which occur outside Nevada shall treat the information as
6-41 confidentially as is required by the provisions of this chapter.
6-42 Sec. 5. NRS 179A.140 is hereby amended to read as follows:
6-43 179A.140 1. An agency of criminal justice may charge a reasonable
6-44 fee for information relating to sexual offenses or other records of criminal
6-45 history furnished to any person or governmental entity except another
6-46 agency of criminal justice and the state disaster identification team of the
6-47 [division] office of emergency management [of the department of motor
6-48 vehicles and public safety.] created pursuant to section 1 of this act. The
6-49 central repository shall not charge such a fee for information relating to a
7-1 person regarding whom the central repository furnished a similar report
7-2 within the immediately preceding 6 months in conjunction with the
7-3 application by that person for professional licensure.
7-4 2. All money received or collected by the department pursuant to this
7-5 section must be used to defray the cost of operating the central repository.
7-6 Sec. 6. NRS 284.140 is hereby amended to read as follows:
7-7 284.140 The unclassified service of the state consists of positions held
7-8 by state officers or employees in the executive department of the state
7-9 government as follows:
7-10 1. Persons chosen by election or appointment to fill an elective office.
7-11 2. Members of boards and commissions, and heads of departments,
7-12 agencies and institutions required by law to be appointed.
7-13 3. At the discretion of the elective officer or head of each department,
7-14 agency or institution, one deputy and one chief assistant in each
7-15 department, agency or institution.
7-16 4. Except as otherwise provided in NRS 223.085 and [223.570,]
7-17 223.570 and section 1 of this act, all persons required by law to be
7-18 appointed by the governor or heads of departments or agencies appointed
7-19 by the governor or by boards.
7-20 5. All employees other than clerical in the office of the attorney
7-21 general and the state public defender required by law to be appointed by
7-22 the attorney general or the state public defender.
7-23 6. Except as otherwise provided by the board of regents of the
7-24 University of Nevada pursuant to NRS 396.251, officers and members of
7-25 the teaching staff and the staffs of the agricultural extension department
7-26 and experiment station of the University and Community College System
7-27 of Nevada, or any other state institution of learning, and student employees
7-28 of these institutions. Custodial, clerical or maintenance employees of these
7-29 institutions are in the classified service. The board of regents of the
7-30 University of Nevada shall assist the director in carrying out the provisions
7-31 of this chapter applicable to the University and Community College
7-32 System of Nevada.
7-33 7. Officers and members of the Nevada National Guard.
7-34 8. Persons engaged in public work for the state but employed by
7-35 contractors when the performance of the contract is authorized by the
7-36 legislature or another competent authority.
7-37 9. Patient and inmate help in state charitable, penal, mental and
7-38 correctional institutions.
7-39 10. Part-time professional personnel who are paid for any form of
7-40 medical, nursing or other professional service and who are not engaged in
7-41 the performance of administrative or substantially recurring duties.
7-42 11. All other officers and employees authorized by law to be employed
7-43 in the unclassified service.
7-44 Sec. 7. NRS 289.270 is hereby amended to read as follows:
7-45 289.270 1. The following persons have the powers of a peace officer:
7-46 (a) The director of the department of motor vehicles and public safety.
7-47 (b) The chiefs of the divisions of the department of motor vehicles and
7-48 public safety.
8-1 (c) The deputy directors of the department of motor vehicles and public
8-2 safety employed pursuant to subsection 2 of NRS 481.035.
8-3 (d) The investigators and agents of the investigation division of the
8-4 department of motor vehicles and public safety and any other officer or
8-5 employee of that division whose principal duty is to enforce one or more
8-6 laws of this state, and any person promoted from such a duty to a
8-7 supervisory position related to such a duty.
8-8 (e) The personnel of the capitol police division of the department of
8-9 motor vehicles and public safety appointed pursuant to subsection 2 of
8-10 NRS 331.140.
8-11 2. The personnel of the Nevada highway patrol appointed pursuant to
8-12 subsection 2 of NRS 481.150 have the powers of a peace officer specified
8-13 in NRS 481.150 and 481.180.
8-14 3. Administrators and investigators of the division of compliance
8-15 enforcement of the motor vehicles branch of the department of motor
8-16 vehicles and public safety have the powers of a peace officer to enforce
8-17 any law of the State of Nevada in carrying out their duties pursuant to NRS
8-18 481.048.
8-19 4. Officers and investigators of the section for the control of emissions
8-20 from vehicles of the motor vehicles branch of the department of motor
8-21 vehicles and public safety, appointed pursuant to NRS 481.0481, have the
8-22 powers of peace officers in carrying out their duties under that section.
8-23 5. Members of the state disaster identification team of the [division]
8-24 office of emergency management [of the department of motor vehicles and
8-25 public safety] created pursuant to section 1 of this act who are, pursuant
8-26 to NRS 414.270, activated by the [chief] director of the [division] office of
8-27 emergency management to perform the duties of the state disaster
8-28 identification team, have the powers of peace officers in carrying out those
8-29 duties.
8-30 Sec. 8. NRS 289.550 is hereby amended to read as follows:
8-31 289.550 The persons upon whom some or all of the powers of a peace
8-32 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must
8-33 be certified by the commission, except:
8-34 1. The chief parole and probation officer;
8-35 2. The director of the department of prisons;
8-36 3. The state fire marshal;
8-37 4. The director of the department of motor vehicles and public safety,
8-38 the deputy directors of the department, the chiefs of the divisions of the
8-39 department other than the investigation division ; [, and the members of the
8-40 state disaster identification team of the division of emergency management
8-41 of the department;]
8-42 5. The commissioner of insurance and his chief deputy;
8-43 6. The members of the state disaster identification team of the office
8-44 of emergency management created pursuant to section 1 of this act;
8-45 7. Railroad policemen; and
8-46 [7.] 8. California correctional officers.
9-1 Sec. 9. Chapter 353 of NRS is hereby amended by adding thereto a
9-2 new section to read as follows:
9-3 “Office of emergency management” means the office of emergency
9-4 management created pursuant to section 1 of this act.
9-5 Sec. 10. NRS 353.2705 is hereby amended to read as follows:
9-6 353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and
9-7 section 9 of this act, unless the context otherwise requires, the words and
9-8 terms defined in NRS 353.271 to 353.2731, inclusive, and section 9 of this
9-9 act have the meanings ascribed to them in those sections.
9-10 Sec. 11. NRS 353.271 is hereby amended to read as follows:
9-11 353.271 “Disaster” means a fire, flood, earthquake, drought,
9-12 explosion, civil disturbance or any other occurrence or threatened
9-13 occurrence that, regardless of cause:
9-14 1. Results in, or may result in, widespread or severe damage to
9-15 property or injury to or the death of persons in this state; and
9-16 2. As determined by:
9-17 (a) The governor; or
9-18 (b) The governing body of a local government pursuant to NRS 414.090
9-19 and the [division] office of emergency management pursuant to NRS
9-20 353.2753,
9-21 requires immediate action to protect the health, safety and welfare of the
9-22 residents of this state.
9-23 Sec. 12. NRS 353.2753 is hereby amended to read as follows:
9-24 353.2753 1. A state agency or local government may request the
9-25 [division] office of emergency management to conduct a preliminary
9-26 assessment of the damages related to an event for which the state agency or
9-27 local government seeks a grant or loan from the fund.
9-28 2. Upon receipt of such a request, the [division] office of emergency
9-29 management shall investigate the event or cause the event to be
9-30 investigated to make a preliminary assessment of the damages related to
9-31 the event and shall make or cause to be made a written report of the
9-32 damages related to the event.
9-33 3. As soon as practicable after completion of the investigation and
9-34 preparation of the report of damages, the [division] office of emergency
9-35 management shall:
9-36 (a) Determine whether the event constitutes a disaster for which the
9-37 state agency or local government may seek a grant or loan from the fund;
9-38 and
9-39 (b) Submit the report prepared pursuant to this section and its written
9-40 determination regarding whether the event constitutes a disaster to the state
9-41 agency or local government.
9-42 4. The [division] office of emergency management shall prescribe by
9-43 regulation the information that must be included in a report of damages,
9-44 including, without limitation, a description of the damage caused by the
9-45 event, an estimate of the costs to repair such damage and a specification of
9-46 whether the purpose of the project is for repair or replacement, emergency
9-47 response or mitigation.
10-1 Sec. 13. NRS 353.2754 is hereby amended to read as follows:
10-2 353.2754 A local government may request a grant or loan from the
10-3 fund if:
10-4 1. Pursuant to NRS 414.090, the governing body of the local
10-5 government determines that an event which has occurred constitutes a
10-6 disaster; and
10-7 2. After the [division] office of emergency management conducts a
10-8 preliminary assessment of the damages pursuant to NRS 353.2753, the
10-9 [division] office of emergency management determines that an event has
10-10 occurred that constitutes a disaster.
10-11 Sec. 14. NRS 353.2755 is hereby amended to read as follows:
10-12 353.2755 1. A state agency or local government may submit a
10-13 request to the state board of examiners for a grant or loan from the fund as
10-14 provided in NRS 353.2705 to 353.2771, inclusive, if:
10-15 (a) The agency or local government finds that, because of a disaster, it
10-16 is unable to pay for an expense or grant match specified in NRS 353.274,
10-17 353.2745 or 353.2751 from money appropriated or otherwise available to
10-18 the agency or local government;
10-19 (b) The request has been approved by the chief administrative officer of
10-20 the state agency or the governing body of the local government; and
10-21 (c) If the requester is an incorporated city, the city has requested
10-22 financial assistance from the county and was denied all or a portion of the
10-23 requested assistance.
10-24 2. A request for a grant or loan submitted pursuant to subsection 1
10-25 must be made within 60 days after the disaster and must include:
10-26 (a) A statement setting forth the amount of money requested by the state
10-27 agency or local government;
10-28 (b) An assessment of the need of the state agency or local government
10-29 for the money requested;
10-30 (c) If the request is submitted by a local government that has established
10-31 a fund pursuant to NRS 354.6115 to mitigate the effects of a natural
10-32 disaster, a statement of the amount of money that is available in that fund,
10-33 if any, for the payment of expenses incurred by the local government as a
10-34 result of a disaster;
10-35 (d) A determination of the type, value and amount of resources the state
10-36 agency or local government may be required to provide as a condition for
10-37 the receipt of a grant or loan from the fund;
10-38 (e) A written report of damages prepared by the [division] office of
10-39 emergency management and the written determination made by the
10-40 [division] office of emergency management that the event constitutes a
10-41 disaster pursuant to NRS 353.2753; and
10-42 (f) If the requester is an incorporated city, all documents which relate to
10-43 a request for assistance submitted to the board of county commissioners of
10-44 the county in which the city is located.
10-45 Any additional documentation relating to the request that is requested by
10-46 the state board of examiners must be submitted within 6 months after the
10-47 disaster unless the state board of examiners and the interim finance
10-48 committee grants an extension.
11-1 3. Upon the receipt of a complete request for a grant or loan submitted
11-2 pursuant to subsection 1, the state board of examiners:
11-3 (a) Shall consider the request; and
11-4 (b) May require any additional information that it determines is
11-5 necessary to make a recommendation.
11-6 4. If the state board of examiners finds that a grant or loan is
11-7 appropriate, it shall include in its recommendation to the interim finance
11-8 committee the proposed amount of the grant or loan. If the state board of
11-9 examiners recommends a grant, it shall include a recommendation
11-10 regarding whether or not the state agency or local government requires an
11-11 advance to avoid severe financial hardship. If the state board of examiners
11-12 recommends a loan for a local government, it shall include the information
11-13 required pursuant to subsection 1 of NRS 353.2765. If the state board of
11-14 examiners finds that a grant or loan is not appropriate, it shall include in its
11-15 recommendation the reason for its determination.
11-16 5. The provisions of this section do not prohibit a state agency or local
11-17 government from submitting more than one request for a grant or loan from
11-18 the fund.
11-19 6. As used in this section, the term “natural disaster” has the meaning
11-20 ascribed to it in NRS 354.6115.
11-21 Sec. 15. Chapter 414 of NRS is hereby amended by adding thereto a
11-22 new section to read as follows:
11-23 “Office of emergency management” means the office of emergency
11-24 management created pursuant to section 1 of this act.
11-25 Sec. 16. NRS 414.020 is hereby amended to read as follows:
11-26 414.020 1. Because of the existing and increasing possibility of the
11-27 occurrence of emergencies or disasters of unprecedented size and
11-28 destructiveness resulting from enemy attack, sabotage or other hostile
11-29 action, from a fire, flood, earthquake, storm or other natural causes, or
11-30 from technological or man-made catastrophes, and in order to ensure that
11-31 the preparations of this state will be adequate to deal with such
11-32 emergencies or disasters, and generally to provide for the common defense
11-33 and to protect the public welfare, and to preserve the lives and property of
11-34 the people of the state, it is hereby found and declared to be necessary:
11-35 (a) To [create a state agency for emergency management and to]
11-36 authorize the creation of local organizations for emergency management in
11-37 the political subdivisions of the state.
11-38 (b) To confer upon the governor and upon the executive heads or
11-39 governing bodies of the political subdivisions of the state the emergency
11-40 powers provided in this chapter.
11-41 (c) To assist with the rendering of mutual aid among the political
11-42 subdivisions of the state and with other states and to cooperate with the
11-43 Federal Government with respect to carrying out the functions of
11-44 emergency management.
11-45 2. It is further declared to be the purpose of this chapter and the policy
11-46 of the state that all functions of emergency management in this state be
11-47 coordinated to the maximum extent with the comparable functions of the
11-48 Federal Government, including its various departments and agencies, of
11-49 other states and localities and of private agencies of every type, providing
12-1 for the most effective preparation and use of the nation’s man power,
12-2 resources and facilities for dealing with any emergency or disaster that may
12-3 occur.
12-4 Sec. 17. NRS 414.030 is hereby amended to read as follows:
12-5 414.030 As used in this chapter, the words and terms defined in NRS
12-6 414.031 to 414.038, inclusive, and section 15 of this act have the
12-7 meanings ascribed to them in those sections.
12-8 Sec. 18. NRS 414.040 is hereby amended to read as follows:
12-9 414.040 1. [A division of emergency management is hereby created
12-10 within the department of motor vehicles and public safety. The chief of the
12-11 division is appointed by and holds office at the pleasure of the director of
12-12 the department of motor vehicles and public safety. The division is the
12-13 state agency for emergency management and the state agency for civil
12-14 defense for the purposes of the compact ratified by the legislature pursuant
12-15 to NRS 415.010. The chief is the state’s director of emergency
12-16 management and the state’s director of civil defense for the purposes of
12-17 that compact.
12-18 2. The chief may employ technical, clerical, stenographic and other
12-19 personnel as may be required, and may make such expenditures therefor
12-20 and for other expenses of his office within the appropriation therefor, or
12-21 from other money made available to him for purposes of emergency
12-22 management, as may be necessary to carry out the purposes of this chapter.
12-23 3. The chief,] The director of the office of emergency management,
12-24 subject to the direction and control of the [director,] governor, shall carry
12-25 out the program for emergency management in this state. He shall
12-26 coordinate the activities of all organizations for emergency management
12-27 within the state, maintain liaison with and cooperate with agencies and
12-28 organizations of other states and of the Federal Government for emergency
12-29 management and carry out such additional duties as may be prescribed by
12-30 the director.
12-31 [4. The chief]
12-32 2. The director of the office of emergency management shall assist in
12-33 the development of comprehensive, coordinated plans for emergency
12-34 management by adopting an integrated process[,] of emergency
12-35 management, using the partnership of governmental entities, business and
12-36 industry, volunteer organizations and other interested persons, for the
12-37 mitigation of, preparation for, response to and recovery from emergencies
12-38 or disasters. In adopting this process, he shall conduct activities designed
12-39 to:
12-40 (a) Eliminate or reduce the probability that an emergency will occur or
12-41 to reduce the effects of unavoidable disasters;
12-42 (b) Prepare state and local governmental agencies, private organizations
12-43 and other persons to be capable of responding appropriately if an
12-44 emergency or disaster occurs by fostering the adoption of plans for
12-45 emergency operations, conducting exercises to test those plans, training
12-46 necessary personnel and acquiring necessary resources;
12-47 (c) Test periodically plans for emergency operations to ensure that the
12-48 activities of state and local governmental agencies, private organizations
12-49 and other persons are coordinated;
13-1 (d) Provide assistance to victims, prevent further injury or damage to
13-2 persons or property and increase the effectiveness of recovery operations;
13-3 and
13-4 (e) Restore the operation of vital community life-support systems and
13-5 return persons and property affected by an emergency or disaster to a
13-6 condition that is comparable to or better than what existed before the
13-7 emergency or disaster occurred.
13-8 [5. The division shall perform the duties required pursuant to NRS
13-9 353.2753 at the request of a state agency or local government.]
13-10 Sec. 19. NRS 414.135 is hereby amended to read as follows:
13-11 414.135 1. There is hereby created the emergency assistance account
13-12 within the disaster relief fund created pursuant to NRS 353.2735.
13-13 Beginning with the fiscal year that begins on July 1, 1999, the state
13-14 controller shall, at the end of each fiscal year, transfer the interest earned
13-15 during the previous fiscal year on the money in the disaster relief fund to
13-16 the account in an amount not to exceed $500,000.
13-17 2. The [division] office of emergency management [of the department
13-18 of motor vehicles and public safety] shall administer the account. The
13-19 [division] office of emergency management may adopt regulations
13-20 authorized by this section before, on or after July 1, 1999.
13-21 3. All expenditures from the account must be approved in advance by
13-22 the [division.] office of emergency management. Except as otherwise
13-23 provided in subsection 4, all money in the account must be expended solely
13-24 to:
13-25 (a) Provide supplemental emergency assistance to this state or to local
13-26 governments in this state that are severely and adversely affected by a
13-27 natural, technological or man-made emergency or disaster for which
13-28 available resources of this state or the local government are inadequate to
13-29 provide a satisfactory remedy; and
13-30 (b) Pay any actual expenses incurred by the [division] office of
13-31 emergency management for administration during a natural, technological
13-32 or man-made emergency or disaster.
13-33 4. Beginning with the fiscal year that begins on July 1, 1999, if any
13-34 balance remains in the account at the end of a fiscal year and the balance
13-35 has not otherwise been committed for expenditure, the [division] office of
13-36 emergency management may, with the approval of the interim finance
13-37 committee, allocate all or any portion of the remaining balance, not to
13-38 exceed $250,000, to this state or to a local government to:
13-39 (a) Purchase equipment or supplies required for emergency
13-40 management; and
13-41 (b) Provide training to personnel related to emergency management.
13-42 5. Beginning with the fiscal year that begins on July 1, 1999, the
13-43 [division] office of emergency management shall, at the end of each
13-44 quarter of a fiscal year, submit to the interim finance committee a report of
13-45 the expenditures made from the account for the previous quarter.
13-46 6. The [division] office of emergency management shall adopt such
13-47 regulations as are necessary to administer the account.
13-48 7. The [division] office of emergency management may adopt
13-49 regulations to provide for reimbursement of expenditures made from the
14-1 account. If the [division] office of emergency management requires such
14-2 reimbursement, the attorney general shall take such action as is necessary
14-3 to recover the amount of any unpaid reimbursement plus interest at a rate
14-4 determined pursuant to NRS 17.130, computed from the date on which the
14-5 money was removed from the fund, upon request by the [division.] office
14-6 of emergency management.
14-7 Sec. 20. NRS 414.170 is hereby amended to read as follows:
14-8 414.170 1. The board of search and rescue, consisting of 10
14-9 members appointed by the [chief,] director of the office of emergency
14-10 management, is hereby created. The [chief] director of the office of
14-11 emergency management shall appoint:
14-12 (a) One member who is a representative of the Nevada Wing of the
14-13 Civil Air Patrol;
14-14 (b) One member who is a representative of the Nevada National Guard;
14-15 (c) Four members who are representatives of the Nevada Sheriffs and
14-16 Chiefs Association or its legal successor;
14-17 (d) One member who is a representative of the health division of the
14-18 department of human resources and whose primary responsibilities relate
14-19 to the licensure and certification of persons who provide emergency
14-20 medical services;
14-21 (e) One member who is a representative of the division of forestry of
14-22 the state department of conservation and natural resources;
14-23 (f) One member who is a representative of a search and rescue
14-24 organization of a law enforcement agency; and
14-25 (g) One member who is a representative of the Nevada Fire Chiefs’
14-26 Association or its legal successor. If the association ceases to exist and no
14-27 legal successor is formed, the chief shall appoint one member who is a fire
14-28 chief.
14-29 2. The term of office of each member of the board is 2 years.
14-30 Sec. 21. NRS 414.180 is hereby amended to read as follows:
14-31 414.180 The board shall:
14-32 1. Meet at the call of the [chief] director of the officer of emergency
14-33 management and at least once every 6 months;
14-34 2. Provide direction and guidance for the coordinator;
14-35 3. Formulate policy regarding search and rescue; and
14-36 4. Carry out the other duties assigned to it in this chapter.
14-37 Sec. 22. NRS 414.200 is hereby amended to read as follows:
14-38 414.200 The [chief,] director of the office of emergency management,
14-39 with the advice of the board, shall appoint an employee of the [division]
14-40 office of emergency management [of the department of motor vehicles and
14-41 public safety] as coordinator of search and rescue.
14-42 Sec. 23. NRS 414.270 is hereby amended to read as follows:
14-43 414.270 A state disaster identification team is hereby established
14-44 within the [division] office of emergency management . [of the department
14-45 of motor vehicles and public safety. The chief:] The director of the office
14-46 of emergency management:
14-47 1. Shall assign persons with expertise in various fields to the state
14-48 disaster identification team; and
15-1 2. May activate such persons to perform the duties of the state disaster
15-2 identification team:
15-3 (a) During a state of emergency or declaration of disaster proclaimed
15-4 pursuant to NRS 414.070; or
15-5 (b) Upon the request of a political subdivision of this state if the [chief]
15-6 director of the office of emergency management determines that the
15-7 political subdivision requires the services of the state disaster identification
15-8 team.
15-9 Sec. 24. NRS 414.280 is hereby amended to read as follows:
15-10 414.280 Upon activation, the state disaster identification team shall:
15-11 1. Provide technical assistance and personnel to local authorities to
15-12 recover, identify and process deceased victims.
15-13 2. Within 2 hours after activation, begin to identify and report to the
15-14 [chief] director of the office of emergency management the need for
15-15 medical and health services to:
15-16 (a) Establish temporary facilities to be used as a morgue.
15-17 (b) Identify deceased victims by using, without limitation, latent
15-18 fingerprints and the forensic methods of dentistry, pathology and
15-19 anthropology.
15-20 (c) Process and dispose of the remains of deceased victims.
15-21 Sec. 25. NRS 414.300 is hereby amended to read as follows:
15-22 414.300 The [department of motor vehicles and public safety] director
15-23 of the office of emergency management shall adopt regulations to govern
15-24 the state disaster identification team. The regulations must include, without
15-25 limitation:
15-26 1. Guidelines for the [chief] director of the office of emergency
15-27 management to:
15-28 (a) Assign persons to positions on the state disaster identification team;
15-29 and
15-30 (b) Determine which members of the state disaster identification team
15-31 may be activated pursuant to NRS 414.270.
15-32 2. Provisions governing the organization, administration and operation
15-33 of the state disaster identification team.
15-34 3. The compensation, if any, to be paid by the [department] office of
15-35 emergency management to a member of the state disaster identification
15-36 team who is activated pursuant to NRS 414.270.
15-37 Sec. 26. NRS 432.170 is hereby amended to read as follows:
15-38 432.170 1. The attorney general shall:
15-39 (a) Establish a program to coordinate activities and information in this
15-40 state concerning missing or exploited children; and
15-41 (b) Appoint a director to administer the provisions of the program.
15-42 2. The director is in the unclassified service of the state. To assist the
15-43 director in carrying out the provisions of NRS 432.150 to 432.220,
15-44 inclusive, the attorney general may appoint such assistants or investigators
15-45 as deemed necessary by the attorney general.
15-46 3. The director may:
15-47 (a) Assist any public or private school in establishing a program of
15-48 information about missing or exploited children by providing, free of
15-49 charge, materials, publications and instructional aids relating to:
16-1 (1) Offenses under federal and state law regarding missing or
16-2 exploited children and the abuse or neglect of children.
16-3 (2) Governmental and private agencies and programs for locating and
16-4 identifying missing or exploited children, preventing the abduction or
16-5 disappearance of children and preventing the abuse or neglect of children.
16-6 (3) Methods of preventing the abduction or disappearance of
16-7 children.
16-8 (4) Techniques for the investigation of cases involving missing or
16-9 exploited children.
16-10 (5) Any other issue involving missing or exploited children.
16-11 (b) Develop and maintain a system of information concerning missing
16-12 or exploited children, including information concerning public or private
16-13 resources which may be available to such children and their families.
16-14 (c) Accept gifts or donations on behalf of the clearinghouse which must
16-15 be accounted for separately and used by the director in carrying out the
16-16 provisions of NRS 432.150 to 432.220, inclusive.
16-17 (d) Enter into agreements with regional and national organizations for
16-18 assistance and exchange of information concerning missing or exploited
16-19 children.
16-20 (e) Assist in the investigation of children who are reported missing in
16-21 this state or who are reported abducted or taken from this state.
16-22 4. The director may provide the materials, publications and
16-23 instructional aids identified in paragraph (a) of subsection 3 to any other
16-24 person or governmental agency for a reasonable fee not to exceed the cost
16-25 of preparing the materials.
16-26 5. The director shall, upon request, provide records regarding a
16-27 missing child to the state disaster identification team of the [division]
16-28 office of emergency management [of the department of motor vehicles and
16-29 public safety.] created pursuant to section 1 of this act.
16-30 Sec. 27. NRS 459.742 is hereby amended to read as follows:
16-31 459.742 The commission, in carrying out its duties and within the
16-32 limits of legislative appropriations and other available money, may:
16-33 1. Enter into contracts, leases or other agreements or transactions;
16-34 2. Provide grants of money to local emergency planning committees to
16-35 improve their ability to respond to emergencies involving hazardous
16-36 materials;
16-37 3. Assist with the development of comprehensive plans for responding
16-38 to such emergencies in this state;
16-39 4. Provide technical assistance and administrative support to the
16-40 telecommunications unit of the communication and computing division of
16-41 the department of information technology for the development of systems
16-42 for communication during such emergencies;
16-43 5. Provide technical and administrative support and assistance for
16-44 training programs;
16-45 6. Develop a system to provide public access to data relating to
16-46 hazardous materials;
16-47 7. Support any activity or program eligible to receive money from the
16-48 contingency account for hazardous materials;
17-1 8. Adopt regulations setting forth the manner in which the [division]
17-2 office of emergency management [of the department of motor vehicles and
17-3 public safety] created pursuant to section 1 of this act shall:
17-4 (a) Allocate money received by the division which relates to hazardous
17-5 materials or is received pursuant to Public Law 99-499 or Title I of Public
17-6 Law 93-633; and
17-7 (b) Approve programs developed to address planning for and
17-8 responding to emergencies involving hazardous materials; and
17-9 9. Coordinate the activities administered by state agencies to carry out
17-10 the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of
17-11 Public Law 93-633.
17-12 Sec. 28. NRS 459.796 is hereby amended to read as follows:
17-13 459.796 A person is entitled to immunity under subsection 2 of NRS
17-14 459.792 only if:
17-15 1. In the case of one furnishing advice or assistance, he is qualified by
17-16 training, education or experience in the handling of hazardous materials
17-17 and provides advice or assistance within the area of his qualifications; and
17-18 2. He was requested to provide the equipment, advice or other
17-19 assistance by:
17-20 (a) The person responsible for the discharge;
17-21 (b) The [division] office of emergency management [of the department
17-22 of motor vehicles and public safety;] created pursuant to section 1 of this
17-23 act;
17-24 (c) The division of industrial relations of the department of business and
17-25 industry;
17-26 (d) The division of environmental protection of the state department of
17-27 conservation and natural resources;
17-28 (e) The Nevada highway patrol division of the department of motor
17-29 vehicles and public safety;
17-30 (f) The state fire marshal division of the department of motor vehicles
17-31 and public safety;
17-32 (g) The state emergency response commission or a local emergency
17-33 planning committee appointed by the commission;
17-34 (h) A local fire department; or
17-35 (i) A local agency for law enforcement.
17-36 Sec. 29. NRS 481.023 is hereby amended to read as follows:
17-37 481.023 Except as otherwise provided therein, the department shall
17-38 execute, administer and enforce, and perform the functions and duties
17-39 provided in:
17-40 1. Title 43 of NRS relating to vehicles.
17-41 2. Chapter 706 of NRS relating to licensing of motor vehicle carriers
17-42 and the use of public highways by those carriers.
17-43 3. Chapter 366 of NRS relating to imposition and collection of taxes
17-44 on special fuels used for motor vehicles.
17-45 4. Chapter 453 of NRS relating to controlled substances and chapter
17-46 454 of NRS relating to dangerous drugs.
17-47 5. Chapter 459 of NRS relating to the transportation of hazardous
17-48 materials.
17-49 6. [Chapter 414 of NRS relating to emergency management.
18-1 7.] Chapter 477 of NRS relating to the state fire marshal.
18-2 [8.] 7. Chapters 176A and 213 of NRS relating to parole and
18-3 probation.
18-4 [9.] 8. The provisions of NRS 426.401 to 426.461, inclusive.
18-5 Sec. 30. NRS 481.0473 is hereby amended to read as follows:
18-6 481.0473 1. The department consists of:
18-7 (a) A motor vehicles branch that includes:
18-8 (1) A division of compliance enforcement.
18-9 (2) A division of field services.
18-10 (3) A division of central services and records.
18-11 (4) A division of management services and programs.
18-12 (b) A public safety branch that includes:
18-13 (1) A Nevada highway patrol division.
18-14 (2) An administrative services division.
18-15 (3) An investigation division.
18-16 (4) [A division of emergency management.
18-17 (5)] A state fire marshal division.
18-18 [(6)] (5) A division of parole and probation.
18-19 [(7)] (6) A capitol police division.
18-20 [(8)] (7) A training division.
18-21 (c) Such other branches or divisions as the director may from time to
18-22 time establish.
18-23 2. Before he reorganizes the department, the director shall obtain the
18-24 approval of:
18-25 (a) The legislature, if it is in regular session; or
18-26 (b) The interim finance committee, if the legislature is not in regular
18-27 session.
18-28 Sec. 31. NRS 481.0475 is hereby amended to read as follows:
18-29 481.0475 1. Any change in the organization of the department may
18-30 include the branches, divisions, functions and responsibilities described in
18-31 subsection 2 but must not include those described in paragraphs (d), (f) and
18-32 (g) [and (h)] of that subsection.
18-33 2. Unless the organization of the department is changed by the
18-34 director, the primary functions and responsibilities of the specified
18-35 branches and divisions of the department are as follows:
18-36 (a) The motor vehicles branch shall:
18-37 (1) Execute, administer and enforce the provisions of chapter 482 of
18-38 NRS and perform such duties and exercise such powers as may be
18-39 conferred upon it pursuant to chapter 482 of NRS and the provisions of any
18-40 other laws;
18-41 (2) Execute and administer the laws relative to the licensing of motor
18-42 vehicle carriers and the use of public highways by those carriers as
18-43 contained in chapter 706 of NRS;
18-44 (3) Perform such duties and exercise such powers as may be
18-45 conferred upon it pursuant to chapter 706 of NRS;
18-46 (4) Execute and administer the provisions of chapter 366 of NRS,
18-47 relating to the imposition and collection of taxes on special fuels used for
18-48 motor vehicles;
19-1 (5) Perform such duties and exercise such powers as may be
19-2 conferred upon it pursuant to chapter 366 of NRS;
19-3 (6) Execute, administer and enforce the provisions of chapter 483 of
19-4 NRS and perform such duties and exercise such powers as may be
19-5 conferred upon it pursuant to chapter 483 of NRS;
19-6 (7) Execute, administer and enforce the provisions of chapter 485 of
19-7 NRS and perform such duties and exercise such powers as may be
19-8 conferred upon it pursuant to chapter 485 of NRS;
19-9 (8) Execute, administer and enforce the laws relating to the licensing
19-10 of drivers of motorcycles and similar vehicles in accordance with the
19-11 provisions of chapter 486 of NRS;
19-12 (9) Execute, administer and enforce the provisions of chapter 487 of
19-13 NRS and perform such duties and exercise such powers as may be
19-14 conferred upon it pursuant to chapter 487 of NRS; and
19-15 (10) Execute, administer and enforce the provisions of chapter 108 of
19-16 NRS and perform such duties and exercise such powers relating to liens on
19-17 vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the
19-18 provisions of any other laws.
19-19 (b) The administrative services division shall furnish fiscal, accounting
19-20 and other administrative services to the director and the various branches
19-21 and divisions, and advise and assist the director and the various branches
19-22 and divisions in carrying out their functions and responsibilities.
19-23 (c) The investigation division shall:
19-24 (1) Execute, administer and enforce the provisions of chapter 453 of
19-25 NRS relating to controlled substances and chapter 454 of NRS relating to
19-26 dangerous drugs;
19-27 (2) Assist the secretary of state in carrying out an investigation
19-28 pursuant to NRS 293.124; and
19-29 (3) Perform such duties and exercise such powers as may be
19-30 conferred upon it pursuant to this chapter and any other laws.
19-31 (d) The Nevada highway patrol division shall execute, administer and
19-32 enforce the provisions of chapter 484 of NRS and perform such duties and
19-33 exercise such powers as may be conferred upon it pursuant to NRS
19-34 481.180 and the provisions of any other laws.
19-35 (e) [The division of emergency management shall execute, administer
19-36 and enforce the provisions of chapter 414 of NRS and perform such duties
19-37 and exercise such powers as may be conferred upon it pursuant to chapter
19-38 414 of NRS and the provisions of any other laws.
19-39 (f)] The state fire marshal division shall execute, administer and enforce
19-40 the provisions of chapter 477 of NRS and perform such duties and exercise
19-41 such powers as may be conferred upon it pursuant to chapter 477 of NRS
19-42 and the provisions of any other laws.
19-43 [(g)] (f) The division of parole and probation shall execute, administer
19-44 and enforce the provisions of chapters 176A and 213 of NRS relating to
19-45 parole and probation and perform such duties and exercise such powers as
19-46 may be conferred upon it pursuant to those chapters and the provisions of
19-47 any other laws.
20-1 [(h)] (g) The capitol police division shall assist the chief of the
20-2 buildings and grounds division of the department of administration in the
20-3 enforcement of subsection 1 of NRS 331.140.
20-4 [(i)] (h) The training division shall provide training to the employees of
20-5 the department.
20-6 Sec. 32. NRS 481.083 is hereby amended to read as follows:
20-7 481.083 1. Except for the operation of the investigation division, [the
20-8 division of emergency management,] the state fire marshal division, the
20-9 division of parole and probation, and the capitol police division of the
20-10 department, money for the administration of the provisions of this chapter
20-11 must be provided by direct legislative appropriation from the state highway
20-12 fund upon the presentation of budgets in the manner required by law.
20-13 2. All money provided for the support of the department and its
20-14 various divisions must be paid out on claims approved by the director in
20-15 the same manner as other claims against the state are paid.
20-16 Sec. 33. NRS 481.085 is hereby amended to read as follows:
20-17 481.085 Money collected or received by:
20-18 1. [The division of emergency management pursuant to chapter 414 of
20-19 NRS;
20-20 2.] The state fire marshal division pursuant to chapter 477 of NRS; and
20-21 [3.] 2. The division of parole and probation pursuant to chapter 176A
20-22 or 213 of NRS,
20-23 must be deposited with the state treasurer for credit to the appropriate
20-24 accounts of the respective divisions.
20-25 Sec. 34. NRS 481.087 is hereby amended to read as follows:
20-26 481.087 1. Except as otherwise provided in subsection 2, the
20-27 expenses incurred in the administration of this chapter and in the
20-28 administration of the powers and duties provided in this chapter shall be
20-29 deemed to be a cost of administration with respect to the operation of
20-30 motor vehicles upon the public highways of this state.
20-31 2. The provisions of subsection 1 do not apply to the expenses incurred
20-32 in the administration of:
20-33 (a) The investigation division;
20-34 (b) [The division of emergency management;
20-35 (c)] The state fire marshal division;
20-36 [(d)] (c) The division of parole and probation; and
20-37 [(e)] (d) The capitol police division,
20-38 of the department.
20-39 Sec. 35. NRS 481.245 is hereby amended to read as follows:
20-40 481.245 1. When a coroner is unable to establish the identity of a
20-41 dead body by means other than by dental records, he shall have a dental
20-42 examination of the body made by a dentist. The dentist shall prepare a
20-43 record of his findings and forward it to the investigation division and to the
20-44 central repository for Nevada records of criminal history.
20-45 2. Each sheriff, chief of police or other law enforcement agency which
20-46 receives a report of a person missing under suspicious circumstances who
20-47 is 18 years or older shall:
20-48 (a) Transmit to the investigation division and to the central repository
20-49 for Nevada records of criminal history:
21-1 (1) The initial report that contains identifying information concerning
21-2 the missing person within 72 hours after the receipt of that report; and
21-3 (2) Any subsequent report concerning the missing person within 5
21-4 working days after the receipt of that report if the report contains additional
21-5 identifying information concerning the missing person;
21-6 (b) Notify immediately such persons and make inquiries concerning the
21-7 missing person as the agency deems necessary; and
21-8 (c) Enter the information concerning the missing person into the
21-9 computer for the National Crime Information Center and the central
21-10 repository for Nevada records of criminal history, if appropriate.
21-11 3. The sheriff, chief of police or other law enforcement agency shall
21-12 request the written consent of the next of kin or guardian of a person who
21-13 has been reported to him as missing for 30 days or more to obtain certain
21-14 identifying information about the missing person that the National Crime
21-15 Information Center recommends be provided from the appropriate
21-16 providers of medical care. After receiving the written consent, the sheriff,
21-17 chief of police or other law enforcement agency shall obtain the identifying
21-18 information from the providers of medical care and forward that
21-19 information and any other relevant information to the investigation division
21-20 and to the central repository for Nevada records of criminal history for
21-21 comparison with the identifying information that is on file concerning
21-22 unidentified deceased persons. This subsection does not prevent the
21-23 voluntary release of identifying information about the missing person by
21-24 the next of kin or guardian of the missing person at any time.
21-25 4. The next of kin or guardian of the person reported as missing shall
21-26 promptly notify the appropriate law enforcement agency when the missing
21-27 person is found.
21-28 5. The sheriff, chief of police or other law enforcement agency shall
21-29 inform the investigation division, the central repository for Nevada records
21-30 of criminal history and the National Crime Information Center when a
21-31 missing person has been found.
21-32 6. The investigation division and the central repository for Nevada
21-33 records of criminal history shall:
21-34 (a) Maintain the records and other information forwarded to them
21-35 pursuant to subsections 1, 2 and 3 for the purpose of comparing the records
21-36 and otherwise assisting in the identification of dead bodies; and
21-37 (b) Upon request, provide the records and other information that are
21-38 maintained pursuant to this subsection to the state disaster identification
21-39 team of the [division] office of emergency management [of the
21-40 department.] created pursuant to section 1 of this act.
21-41 Sec. 36. NRS 616A.140 is hereby amended to read as follows:
21-42 616A.140 A member of the Nevada Wing of the Civil Air Patrol who
21-43 participates:
21-44 1. In a mission; or
21-45 2. In training,
21-46 which has been authorized by the [division] office of emergency
21-47 management [of the department of motor vehicles and public safety]
21-48 created pursuant to section 1 of this act shall be deemed for the purposes
21-49 of chapters 616A to 616D, inclusive, of NRS to be an employee of the
22-1 [division] office of emergency management at the wage of $600 per month
22-2 and, in the event of injury during such a mission or training, is entitled to
22-3 the benefits of those chapters.
22-4 Sec. 37. The Legislative Counsel shall:
22-5 1. In preparing the reprint and supplements to the Nevada Revised
22-6 Statutes, appropriately change any references to an officer, agency or other
22-7 entity whose name is changed or whose responsibilities are transferred
22-8 pursuant to the provisions of this act to refer to the appropriate officer,
22-9 agency or other entity.
22-10 2. In preparing supplements to the Nevada Administrative Code,
22-11 appropriately change any references to an officer, agency or other entity
22-12 whose name is changed or whose responsibilities are transferred pursuant
22-13 to the provisions of this act to refer to the appropriate officer, agency or
22-14 other entity.
22-15 Sec. 38. NRS 353.2712 and 414.0315 are hereby repealed.
22-16 Sec. 39. This act becomes effective on July 1, 2001.
22-17 TEXT OF REPEALED SECTIONS
22-18 353.2712 “Division” defined. “Division” means the division of
22-19 emergency management of the department of motor vehicles and public
22-20 safety.
22-21 414.0315 “Chief” defined. “Chief” means the chief of the division
22-22 of emergency management of the department of motor vehicles and public
22-23 safety.
22-24 H