exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 in the 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 the following

7-8  state officers or employees in the executive department of the state

7-9  government who receive annual salaries for their service:

7-10    1.  Members of boards and commissions, and heads of departments,

7-11  agencies and institutions required by law to be appointed.

7-12    2.  Except as otherwise provided in section 3 of Senate Bill No. 401 of

7-13  this [act] session and NRS 223.085 and 223.570, all persons required by

7-14  law to be appointed by the governor or heads of departments or agencies

7-15  appointed by the governor or by boards.

7-16    3.  All employees other than clerical in the office of the attorney

7-17  general and the state public defender required by law to be appointed by

7-18  the attorney general or the state public defender.

7-19    4.  Except as otherwise provided by the board of regents of the

7-20  University of Nevada pursuant to NRS 396.251, officers and members of

7-21  the teaching staff and the staffs of the agricultural extension department

7-22  and experiment station of the University and Community College System

7-23  of Nevada, or any other state institution of learning, and student employees

7-24  of these institutions. Custodial, clerical or maintenance employees of these

7-25  institutions are in the classified service. The board of regents of the

7-26  University of Nevada shall assist the director in carrying out the provisions

7-27  of this chapter applicable to the University and Community College

7-28  System of Nevada.

7-29    5.  All other officers and employees authorized by law to be employed

7-30  in the unclassified service.

7-31    Sec. 7.  NRS 289.270 is hereby amended to read as follows:

7-32    289.270  1.  The following persons have the powers of a peace officer:

7-33    (a) The director of the department of motor vehicles and public safety.

7-34    (b) The chiefs of the divisions of the department of motor vehicles and

7-35  public safety.

7-36    (c) The deputy directors of the department of motor vehicles and public

7-37  safety employed pursuant to subsection 2 of NRS 481.035.

7-38    (d) The investigators and agents of the investigation division of the

7-39  department of motor vehicles and public safety and any other officer or

7-40  employee of that division whose principal duty is to enforce one or more

7-41  laws of this state, and any person promoted from such a duty to a

7-42  supervisory position related to such a duty.

7-43    (e) The personnel of the capitol police division of the department of

7-44  motor vehicles and public safety appointed pursuant to subsection 2 of

7-45  NRS 331.140.

7-46    2.  The personnel of the Nevada highway patrol appointed pursuant to

7-47  subsection 2 of NRS 481.150 have the powers of a peace officer specified

7-48  in NRS 481.150 and 481.180.

8-1    3.  Administrators and investigators of the division of compliance

8-2  enforcement of the motor vehicles branch of the department of motor

8-3  vehicles and public safety have the powers of a peace officer to enforce

8-4  any law of the State of Nevada in carrying out their duties pursuant to NRS

8-5  481.048.

8-6    4.  Officers and investigators of the section for the control of emissions

8-7  from vehicles of the motor vehicles branch of the department of motor

8-8  vehicles and public safety, appointed pursuant to NRS 481.0481, have the

8-9  powers of peace officers in carrying out their duties under that section.

8-10    5.  Members of the state disaster identification team of the [division]

8-11  office of emergency management [of the department of motor vehicles and

8-12  public safety] created pursuant to section 1 of this act who are, pursuant

8-13  to NRS 414.270, activated by the [chief] director of the [division] office of

8-14  emergency management to perform the duties of the state disaster

8-15  identification team, have the powers of peace officers in carrying out those

8-16  duties.

8-17    Sec. 8.  NRS 289.550 is hereby amended to read as follows:

8-18    289.550  1.  Except as otherwise provided in subsection 2, a person

8-19  upon whom some or all of the powers of a peace officer are conferred

8-20  pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the

8-21  commission within 1 year after the date on which the person commences

8-22  employment as a peace officer unless the commission, for good cause

8-23  shown, grants in writing an extension of time, which must not exceed 6

8-24  months, by which the person must become certified. A person who fails to

8-25  become certified within the required time shall not exercise any of the

8-26  powers of a peace officer after the time for becoming certified has expired.

8-27    2.  The following persons are not required to be certified by the

8-28  commission:

8-29    (a) The chief parole and probation officer;

8-30    (b) The director of the department of prisons;

8-31    (c) The state fire marshal;

8-32    (d) The director of the department of motor vehicles and public safety,

8-33  the deputy directors of the department, the chiefs of the divisions of the

8-34  department other than the investigation division ; [, and the members of the

8-35  state disaster identification team of the division of emergency management

8-36  of the department;]

8-37    (e) The commissioner of insurance and his chief deputy;

8-38    (f) The members of the state disaster identification team of the office

8-39  of emergency management created pursuant to section 1 of this act;

8-40    (g) Railroad policemen; and

8-41    [(g)] (h) California correctional officers.

8-42    Sec. 9.  Chapter 353 of NRS is hereby amended by adding thereto a

8-43  new section to read as follows:

8-44    “Office of emergency management” means the office of emergency

8-45  management created pursuant to section 1 of this act.

8-46    Sec. 10.  NRS 353.2705 is hereby amended to read as follows:

8-47    353.2705  As used in NRS 353.2705 to 353.2771, inclusive, and

8-48  section 9 of this act, unless the context otherwise requires, the words and

9-1  terms defined in NRS 353.271 to 353.2731, inclusive, and section 9 of this

9-2  act have the meanings ascribed to them in those sections.

9-3    Sec. 11.  NRS 353.271 is hereby amended to read as follows:

9-4    353.271  “Disaster” means a fire, flood, earthquake, drought,

9-5  explosion, civil disturbance, crisis involving violence on school property,

9-6  at a school activity or on a school bus, or any other occurrence or

9-7  threatened occurrence that, regardless of cause:

9-8    1.  Results in, or may result in, widespread or severe damage to

9-9  property or injury to or the death of persons in this state; and

9-10    2.  As determined by:

9-11    (a) The governor; or

9-12    (b) The governing body of a local government pursuant to NRS 414.090

9-13  and the [division] office of emergency management pursuant to NRS

9-14  353.2753,

9-15  requires immediate action to protect the health, safety and welfare of the

9-16  residents of this state.

9-17    Sec. 12.  NRS 353.2753 is hereby amended to read as follows:

9-18    353.2753  1.  A state agency or local government may request the

9-19  [division] office of emergency management to conduct a preliminary

9-20  assessment of the damages related to an event for which the state agency or

9-21  local government seeks a grant or loan from the fund.

9-22    2.  Upon receipt of such a request, the [division] office of emergency

9-23  management shall investigate the event or cause the event to be

9-24  investigated to make a preliminary assessment of the damages related to

9-25  the event and shall make or cause to be made a written report of the

9-26  damages related to the event.

9-27    3.  As soon as practicable after completion of the investigation and

9-28  preparation of the report of damages, the [division] office of emergency

9-29  management shall:

9-30    (a) Determine whether the event constitutes a disaster for which the

9-31  state agency or local government may seek a grant or loan from the fund;

9-32  and

9-33    (b) Submit the report prepared pursuant to this section and its written

9-34  determination regarding whether the event constitutes a disaster to the state

9-35  agency or local government.

9-36    4.  The [division] office of emergency management shall prescribe by

9-37  regulation the information that must be included in a report of damages,

9-38  including, without limitation, a description of the damage caused by the

9-39  event, an estimate of the costs to repair such damage and a specification of

9-40  whether the purpose of the project is for repair or replacement, emergency

9-41  response or mitigation.

9-42    Sec. 13.  NRS 353.2754 is hereby amended to read as follows:

9-43    353.2754  A local government may request a grant or loan from the

9-44  fund if:

9-45    1.  Pursuant to NRS 414.090, the governing body of the local

9-46  government determines that an event which has occurred constitutes a

9-47  disaster; and

9-48    2.  After the [division] office of emergency management conducts a

9-49  preliminary assessment of the damages pursuant to NRS 353.2753, the

10-1  [division] office of emergency management determines that an event has

10-2  occurred that constitutes a disaster.

10-3    Sec. 14.  NRS 353.2755 is hereby amended to read as follows:

10-4    353.2755  1.  A state agency or local government may submit a

10-5  request to the state board of examiners for a grant or loan from the fund as

10-6  provided in NRS 353.2705 to 353.2771, inclusive, if:

10-7    (a) The agency or local government finds that, because of a disaster, it

10-8  is unable to pay for an expense or grant match specified in NRS 353.274,

10-9  353.2745 or 353.2751 from money appropriated or otherwise available to

10-10  the agency or local government;

10-11  (b) The request has been approved by the chief administrative officer of

10-12  the state agency or the governing body of the local government; and

10-13  (c) If the requester is an incorporated city, the city has requested

10-14  financial assistance from the county and was denied all or a portion of the

10-15  requested assistance.

10-16  2.  A request for a grant or loan submitted pursuant to subsection 1

10-17  must be made within 60 days after the disaster and must include:

10-18  (a) A statement setting forth the amount of money requested by the state

10-19  agency or local government;

10-20  (b) An assessment of the need of the state agency or local government

10-21  for the money requested;

10-22  (c) If the request is submitted by a local government that has established

10-23  a fund pursuant to NRS 354.6115 to mitigate the effects of a natural

10-24  disaster, a statement of the amount of money that is available in that fund,

10-25  if any, for the payment of expenses incurred by the local government as a

10-26  result of a disaster;

10-27  (d) A determination of the type, value and amount of resources the state

10-28  agency or local government may be required to provide as a condition for

10-29  the receipt of a grant or loan from the fund;

10-30  (e) A written report of damages prepared by the [division] office of

10-31  emergency management and the written determination made by the

10-32  [division] office of emergency management that the event constitutes a

10-33  disaster pursuant to NRS 353.2753; and

10-34  (f) If the requester is an incorporated city, all documents which relate to

10-35  a request for assistance submitted to the board of county commissioners of

10-36  the county in which the city is located.

10-37  Any additional documentation relating to the request that is requested by

10-38  the state board of examiners must be submitted within 6 months after the

10-39  disaster unless the state board of examiners and the interim finance

10-40  committee grants an extension.

10-41  3.  Upon the receipt of a complete request for a grant or loan submitted

10-42  pursuant to subsection 1, the state board of examiners:

10-43  (a) Shall consider the request; and

10-44  (b) May require any additional information that it determines is

10-45  necessary to make a recommendation.

10-46  4.  If the state board of examiners finds that a grant or loan is

10-47  appropriate, it shall include in its recommendation to the interim finance

10-48  committee the proposed amount of the grant or loan. If the state board of

10-49  examiners recommends a grant, it shall include a recommendation

11-1  regarding whether or not the state agency or local government requires an

11-2  advance to avoid severe financial hardship. If the state board of examiners

11-3  recommends a loan for a local government, it shall include the information

11-4  required pursuant to subsection 1 of NRS 353.2765. If the state board of

11-5  examiners finds that a grant or loan is not appropriate, it shall include in its

11-6  recommendation the reason for its determination.

11-7    5.  The provisions of this section do not prohibit a state agency or local

11-8  government from submitting more than one request for a grant or loan from

11-9  the fund.

11-10  6.  As used in this section, the term “natural disaster” has the meaning

11-11  ascribed to it in NRS 354.6115.

11-12  Sec. 15.  Chapter 414 of NRS is hereby amended by adding thereto a

11-13  new section to read as follows:

11-14  “Office of emergency management” means the office of emergency

11-15  management created pursuant to section 1 of this act.

11-16  Sec. 16.  NRS 414.020 is hereby amended to read as follows:

11-17  414.020  1.  Because of the existing and increasing possibility of the

11-18  occurrence of emergencies or disasters of unprecedented size and

11-19  destructiveness resulting from enemy attack, sabotage or other hostile

11-20  action, from a fire, flood, earthquake, storm or other natural causes, or

11-21  from technological or man-made catastrophes, and in order to ensure that

11-22  the preparations of this state will be adequate to deal with such

11-23  emergencies or disasters, and generally to provide for the common defense

11-24  and to protect the public welfare, and to preserve the lives and property of

11-25  the people of the state, it is hereby found and declared to be necessary:

11-26  (a) To [create a state agency for emergency management and to]

11-27  authorize the creation of local organizations for emergency management in

11-28  the political subdivisions of the state.

11-29  (b) To confer upon the governor and upon the executive heads or

11-30  governing bodies of the political subdivisions of the state the emergency

11-31  powers provided in this chapter.

11-32  (c) To assist with the rendering of mutual aid among the political

11-33  subdivisions of the state and with other states and to cooperate with the

11-34  Federal Government with respect to carrying out the functions of

11-35  emergency management.

11-36  2.  It is further declared to be the purpose of this chapter and the policy

11-37  of the state that all functions of emergency management in this state be

11-38  coordinated to the maximum extent with the comparable functions of the

11-39  Federal Government, including its various departments and agencies, of

11-40  other states and localities and of private agencies of every type, providing

11-41  for the most effective preparation and use of the nation’s man power,

11-42  resources and facilities for dealing with any emergency or disaster that may

11-43  occur.

11-44  Sec. 17.  NRS 414.030 is hereby amended to read as follows:

11-45  414.030  As used in this chapter, the words and terms defined in NRS

11-46  414.031 to 414.038, inclusive, and section 15 of this act have the

11-47  meanings ascribed to them in those sections.

 

 

12-1    Sec. 18.  NRS 414.040 is hereby amended to read as follows:

12-2    414.040  1.  [A division of emergency management is hereby created

12-3  within the department of motor vehicles and public safety. The chief of the

12-4  division is appointed by and holds office at the pleasure of the director of

12-5  the department of motor vehicles and public safety. The division is the

12-6  state agency for emergency management and the state agency for civil

12-7  defense for the purposes of the compact ratified by the legislature pursuant

12-8  to NRS 415.010. The chief is the state’s director of emergency

12-9  management and the state’s director of civil defense for the purposes of

12-10  that compact.

12-11  2.  The chief may employ technical, clerical, stenographic and other

12-12  personnel as may be required, and may make such expenditures therefor

12-13  and for other expenses of his office within the appropriation therefor, or

12-14  from other money made available to him for purposes of emergency

12-15  management, as may be necessary to carry out the purposes of this chapter.

12-16  3.  The chief,] The director of the office of emergency management,

12-17  subject to the direction and control of the [director,] governor, shall carry

12-18  out the program for emergency management in this state. He shall

12-19  coordinate the activities of all organizations for emergency management

12-20  within the state, maintain liaison with and cooperate with agencies and

12-21  organizations of other states and of the Federal Government for emergency

12-22  management and carry out such additional duties as may be prescribed by

12-23  the director.

12-24  [4.  The chief]

12-25  2.  The director of the office of emergency management shall assist in

12-26  the development of comprehensive, coordinated plans for emergency

12-27  management by adopting an integrated process[,] of emergency

12-28  management, using the partnership of governmental entities, business and

12-29  industry, volunteer organizations and other interested persons, for the

12-30  mitigation of, preparation for, response to and recovery from emergencies

12-31  or disasters. In adopting this process, he shall conduct activities designed

12-32  to:

12-33  (a) Eliminate or reduce the probability that an emergency will occur or

12-34  to reduce the effects of unavoidable disasters;

12-35  (b) Prepare state and local governmental agencies, private organizations

12-36  and other persons to be capable of responding appropriately if an

12-37  emergency or disaster occurs by fostering the adoption of plans for

12-38  emergency operations, conducting exercises to test those plans, training

12-39  necessary personnel and acquiring necessary resources;

12-40  (c) Test periodically plans for emergency operations to ensure that the

12-41  activities of state and local governmental agencies, private organizations

12-42  and other persons are coordinated;

12-43  (d) Provide assistance to victims, prevent further injury or damage to

12-44  persons or property and increase the effectiveness of recovery operations;

12-45  and

12-46  (e) Restore the operation of vital community life-support systems and

12-47  return persons and property affected by an emergency or disaster to a

12-48  condition that is comparable to or better than what existed before the

12-49  emergency or disaster occurred.

13-1    [5.  The division shall perform the duties required pursuant to NRS

13-2  353.2753 at the request of a state agency or local government.]

13-3    Sec. 19.  NRS 414.135 is hereby amended to read as follows:

13-4    414.135  1.  There is hereby created the emergency assistance account

13-5  within the disaster relief fund created pursuant to NRS 353.2735.

13-6  Beginning with the fiscal year that begins on July 1, 1999, the state

13-7  controller shall, at the end of each fiscal year, transfer the interest earned

13-8  during the previous fiscal year on the money in the disaster relief fund to

13-9  the account in an amount not to exceed $500,000.

13-10  2.  The [division] office of emergency management [of the department

13-11  of motor vehicles and public safety] shall administer the account. The

13-12  [division] office of emergency management may adopt regulations

13-13  authorized by this section before, on or after July 1, 1999.

13-14  3.  All expenditures from the account must be approved in advance by

13-15  the [division.] office of emergency management. Except as otherwise

13-16  provided in subsection 4, all money in the account must be expended solely

13-17  to:

13-18  (a) Provide supplemental emergency assistance to this state or to local

13-19  governments in this state that are severely and adversely affected by a

13-20  natural, technological or man-made emergency or disaster for which

13-21  available resources of this state or the local government are inadequate to

13-22  provide a satisfactory remedy; and

13-23  (b) Pay any actual expenses incurred by the [division] office of

13-24  emergency management for administration during a natural, technological

13-25  or man-made emergency or disaster.

13-26  4.  Beginning with the fiscal year that begins on July 1, 1999, if any

13-27  balance remains in the account at the end of a fiscal year and the balance

13-28  has not otherwise been committed for expenditure, the [division] office of

13-29  emergency management may, with the approval of the interim finance

13-30  committee, allocate all or any portion of the remaining balance, not to

13-31  exceed $250,000, to this state or to a local government to:

13-32  (a) Purchase equipment or supplies required for emergency

13-33  management;

13-34  (b) Provide training to personnel related to emergency management;

13-35  and

13-36  (c) Carry out the provisions of sections 2 to 16, inclusive, of Senate Bill

13-37  No. 289 of this [act.] session.

13-38  5.  Beginning with the fiscal year that begins on July 1, 1999, the

13-39  [division] office of emergency management shall, at the end of each

13-40  quarter of a fiscal year, submit to the interim finance committee a report of

13-41  the expenditures made from the account for the previous quarter.

13-42  6.  The [division] office of emergency management shall adopt such

13-43  regulations as are necessary to administer the account.

13-44  7.  The [division] office of emergency management may adopt

13-45  regulations to provide for reimbursement of expenditures made from the

13-46  account. If the [division] office of emergency management requires such

13-47  reimbursement, the attorney general shall take such action as is necessary

13-48  to recover the amount of any unpaid reimbursement plus interest at a rate

13-49  determined pursuant to NRS 17.130, computed from the date on which the

14-1  money was removed from the fund, upon request by the [division.] office

14-2  of emergency management.

14-3    Sec. 20.  NRS 414.170 is hereby amended to read as follows:

14-4    414.170  1.  The board of search and rescue, consisting of 10

14-5  members appointed by the [chief,] director of the office of emergency

14-6  management, is hereby created. The [chief] director of the office of

14-7  emergency management shall appoint:

14-8    (a) One member who is a representative of the Nevada Wing of the

14-9  Civil Air Patrol;

14-10  (b) One member who is a representative of the Nevada National Guard;

14-11  (c) Four members who are representatives of the Nevada Sheriffs and

14-12  Chiefs Association or its legal successor;

14-13  (d) One member who is a representative of the health division of the

14-14  department of human resources and whose primary responsibilities relate

14-15  to the licensure and certification of persons who provide emergency

14-16  medical services;

14-17  (e) One member who is a representative of the division of forestry of

14-18  the state department of conservation and natural resources;

14-19  (f) One member who is a representative of a search and rescue

14-20  organization of a law enforcement agency; and

14-21  (g) One member who is a representative of the Nevada Fire Chiefs’

14-22  Association or its legal successor. If the association ceases to exist and no

14-23  legal successor is formed, the chief shall appoint one member who is a fire

14-24  chief.

14-25  2.  The term of office of each member of the board is 2 years.

14-26  Sec. 21.  NRS 414.180 is hereby amended to read as follows:

14-27  414.180  The board shall:

14-28  1.  Meet at the call of the [chief] director of the office of emergency

14-29  management and at least once every 6 months;

14-30  2.  Provide direction and guidance for the coordinator;

14-31  3.  Formulate policy regarding search and rescue; and

14-32  4.  Carry out the other duties assigned to it in this chapter.

14-33  Sec. 22.  NRS 414.200 is hereby amended to read as follows:

14-34  414.200  The [chief,] director of the office of emergency management,

14-35  with the advice of the board, shall appoint an employee of the [division]

14-36  office of emergency management [of the department of motor vehicles and

14-37  public safety] as coordinator of search and rescue.

14-38  Sec. 23.  NRS 414.270 is hereby amended to read as follows:

14-39  414.270  A state disaster identification team is hereby established

14-40  within the [division] office of emergency management . [of the department

14-41  of motor vehicles and public safety. The chief:] The director of the office

14-42  of emergency management:

14-43  1.  Shall assign persons with expertise in various fields to the state

14-44  disaster identification team; and

14-45  2.  May activate such persons to perform the duties of the state disaster

14-46  identification team:

14-47  (a) During a state of emergency or declaration of disaster proclaimed

14-48  pursuant to NRS 414.070; or

15-1    (b) Upon the request of a political subdivision of this state if the [chief]

15-2  director of the office of emergency management determines that the

15-3  political subdivision requires the services of the state disaster identification

15-4  team.

15-5    Sec. 24.  NRS 414.280 is hereby amended to read as follows:

15-6    414.280  Upon activation, the state disaster identification team shall:

15-7    1.  Provide technical assistance and personnel to local authorities to

15-8  recover, identify and process deceased victims.

15-9    2.  Within 2 hours after activation, begin to identify and report to the

15-10  [chief] director of the office of emergency management the need for

15-11  medical and health services to:

15-12  (a) Establish temporary facilities to be used as a morgue.

15-13  (b) Identify deceased victims by using, without limitation, latent

15-14  fingerprints and the forensic methods of dentistry, pathology and

15-15  anthropology.

15-16  (c) Process and dispose of the remains of deceased victims.

15-17  Sec. 25.  NRS 414.300 is hereby amended to read as follows:

15-18  414.300  The [department of motor vehicles and public safety] director

15-19  of the office of emergency management shall adopt regulations to govern

15-20  the state disaster identification team. The regulations must include, without

15-21  limitation:

15-22  1.  Guidelines for the [chief] director of the office of emergency

15-23  management to:

15-24  (a) Assign persons to positions on the state disaster identification team;

15-25  and

15-26  (b) Determine which members of the state disaster identification team

15-27  may be activated pursuant to NRS 414.270.

15-28  2.  Provisions governing the organization, administration and operation

15-29  of the state disaster identification team.

15-30  3.  The compensation, if any, to be paid by the [department] office of

15-31  emergency management to a member of the state disaster identification

15-32  team who is activated pursuant to NRS 414.270.

15-33  Sec. 26.  NRS 432.170 is hereby amended to read as follows:

15-34  432.170  1.  The attorney general shall:

15-35  (a) Establish a program to coordinate activities and information in this

15-36  state concerning missing or exploited children; and

15-37  (b) Appoint a director to administer the provisions of the program.

15-38  2.  The director is in the unclassified service of the state. To assist the

15-39  director in carrying out the provisions of NRS 432.150 to 432.220,

15-40  inclusive, the attorney general may appoint such assistants or investigators

15-41  as deemed necessary by the attorney general.

15-42  3.  The director may:

15-43  (a) Assist any public or private school in establishing a program of

15-44  information about missing or exploited children by providing, free of

15-45  charge, materials, publications and instructional aids relating to:

15-46     (1) Offenses under federal and state law regarding missing or

15-47  exploited children and the abuse or neglect of children.

16-1      (2) Governmental and private agencies and programs for locating and

16-2  identifying missing or exploited children, preventing the abduction or

16-3  disappearance of children and preventing the abuse or neglect of children.

16-4      (3) Methods of preventing the abduction or disappearance of

16-5  children.

16-6      (4) Techniques for the investigation of cases involving missing or

16-7  exploited children.

16-8      (5) Any other issue involving missing or exploited children.

16-9    (b) Develop and maintain a system of information concerning missing

16-10  or exploited children, including information concerning public or private

16-11  resources which may be available to such children and their families.

16-12  (c) Accept gifts or donations on behalf of the clearinghouse which must

16-13  be accounted for separately and used by the director in carrying out the

16-14  provisions of NRS 432.150 to 432.220, inclusive.

16-15  (d) Enter into agreements with regional and national organizations for

16-16  assistance and exchange of information concerning missing or exploited

16-17  children.

16-18  (e) Assist in the investigation of children who are reported missing in

16-19  this state or who are reported abducted or taken from this state.

16-20  4.  The director may provide the materials, publications and

16-21  instructional aids identified in paragraph (a) of subsection 3 to any other

16-22  person or governmental agency for a reasonable fee not to exceed the cost

16-23  of preparing the materials.

16-24  5.  The director shall, upon request, provide records regarding a

16-25  missing child to the state disaster identification team of the [division]

16-26  office of emergency management [of the department of motor vehicles and

16-27  public safety.] created pursuant to section 1 of this act.

16-28  Sec. 27.  NRS 459.742 is hereby amended to read as follows:

16-29  459.742  The commission, in carrying out its duties and within the

16-30  limits of legislative appropriations and other available money, may:

16-31  1.  Enter into contracts, leases or other agreements or transactions;

16-32  2.  Provide grants of money to local emergency planning committees to

16-33  improve their ability to respond to emergencies involving hazardous

16-34  materials;

16-35  3.  Assist with the development of comprehensive plans for responding

16-36  to such emergencies in this state;

16-37  4.  Provide technical assistance and administrative support to the

16-38  telecommunications unit of the communication and computing division of

16-39  the department of information technology for the development of systems

16-40  for communication during such emergencies;

16-41  5.  Provide technical and administrative support and assistance for

16-42  training programs;

16-43  6.  Develop a system to provide public access to data relating to

16-44  hazardous materials;

16-45  7.  Support any activity or program eligible to receive money from the

16-46  contingency account for hazardous materials;

16-47  8.  Adopt regulations setting forth the manner in which the [division]

16-48  office of emergency management [of the department of motor vehicles and

16-49  public safety] created pursuant to section 1 of this act shall:

17-1    (a) Allocate money received by the division which relates to hazardous

17-2  materials or is received pursuant to Public Law 99-499 or Title I of Public

17-3  Law 93-633; and

17-4    (b) Approve programs developed to address planning for and

17-5  responding to emergencies involving hazardous materials; and

17-6    9.  Coordinate the activities administered by state agencies to carry out

17-7  the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of

17-8  Public Law 93-633.

17-9    Sec. 28.  NRS 459.796 is hereby amended to read as follows:

17-10  459.796  A person is entitled to immunity under subsection 2 of NRS

17-11  459.792 only if:

17-12  1.  In the case of one furnishing advice or assistance, he is qualified by

17-13  training, education or experience in the handling of hazardous materials

17-14  and provides advice or assistance within the area of his qualifications; and

17-15  2.  He was requested to provide the equipment, advice or other

17-16  assistance by:

17-17  (a) The person responsible for the discharge;

17-18  (b) The [division] office of emergency management [of the department

17-19  of motor vehicles and public safety;] created pursuant to section 1 of this

17-20  act;

17-21  (c) The division of industrial relations of the department of business and

17-22  industry;

17-23  (d) The division of environmental protection of the state department of

17-24  conservation and natural resources;

17-25  (e) The Nevada highway patrol division of the department of motor

17-26  vehicles and public safety;

17-27  (f) The state fire marshal division of the department of motor vehicles

17-28  and public safety;

17-29  (g) The state emergency response commission or a local emergency

17-30  planning committee appointed by the commission;

17-31  (h) A local fire department; or

17-32  (i) A local agency for law enforcement.

17-33  Sec. 29.  NRS 481.023 is hereby amended to read as follows:

17-34  481.023  Except as otherwise provided therein, the department shall

17-35  execute, administer and enforce, and perform the functions and duties

17-36  provided in:

17-37  1.  Title 43 of NRS relating to vehicles.

17-38  2.  Chapter 706 of NRS relating to licensing of motor vehicle carriers

17-39  and the use of public highways by those carriers.

17-40  3.  Chapter 366 of NRS relating to imposition and collection of taxes

17-41  on special fuels used for motor vehicles.

17-42  4.  Chapter 453 of NRS relating to controlled substances and chapter

17-43  454 of NRS relating to dangerous drugs.

17-44  5.  Chapter 459 of NRS relating to the transportation of hazardous

17-45  materials.

17-46  6.  [Chapter 414 of NRS relating to emergency management.

17-47  7.] Chapter 477 of NRS relating to the state fire marshal.

 

18-1    [8.] 7. Chapters 176A and 213 of NRS relating to parole and

18-2  probation.

18-3    [9.] 8. The provisions of NRS 426.401 to 426.461, inclusive.

18-4    Sec. 30.  NRS 481.0473 is hereby amended to read as follows:

18-5    481.0473  1.  The department consists of:

18-6    (a) A motor vehicles branch that includes:

18-7      (1) A division of compliance enforcement.

18-8      (2) A division of field services.

18-9      (3) A division of central services and records.

18-10     (4) A division of management services and programs.

18-11  (b) A public safety branch that includes:

18-12     (1) A Nevada highway patrol division.

18-13     (2) An administrative services division.

18-14     (3) An investigation division.

18-15     (4) [A division of emergency management.

18-16     (5)] A state fire marshal division.

18-17     [(6)] (5) A division of parole and probation.

18-18     [(7)] (6) A capitol police division.

18-19     [(8)] (7) A training division.

18-20  (c) Such other branches or divisions as the director may from time to

18-21  time establish.

18-22  2.  Before he reorganizes the department, the director shall obtain the

18-23  approval of:

18-24  (a) The legislature, if it is in regular session; or

18-25  (b) The interim finance committee, if the legislature is not in regular

18-26  session.

18-27  Sec. 31.  NRS 481.0475 is hereby amended to read as follows:

18-28  481.0475  1.  Any change in the organization of the department may

18-29  include the branches, divisions, functions and responsibilities described in

18-30  subsection 2 but must not include those described in paragraphs (d), (f) and

18-31  (g) [and (h)] of that subsection.

18-32  2.  Unless the organization of the department is changed by the

18-33  director, the primary functions and responsibilities of the specified

18-34  branches and divisions of the department are as follows:

18-35  (a) The motor vehicles branch shall:

18-36     (1) Execute, administer and enforce the provisions of chapter 482 of

18-37  NRS and perform such duties and exercise such powers as may be

18-38  conferred upon it pursuant to chapter 482 of NRS and the provisions of any

18-39  other laws;

18-40     (2) Execute and administer the laws relative to the licensing of motor

18-41  vehicle carriers and the use of public highways by those carriers as

18-42  contained in chapter 706 of NRS;

18-43     (3) Perform such duties and exercise such powers as may be

18-44  conferred upon it pursuant to chapter 706 of NRS;

18-45     (4) Execute and administer the provisions of chapter 366 of NRS,

18-46  relating to the imposition and collection of taxes on special fuels used for

18-47  motor vehicles;

18-48     (5) Perform such duties and exercise such powers as may be

18-49  conferred upon it pursuant to chapter 366 of NRS;

19-1      (6) Execute, administer and enforce the provisions of chapter 483 of

19-2  NRS and perform such duties and exercise such powers as may be

19-3  conferred upon it pursuant to chapter 483 of NRS;

19-4      (7) Execute, administer and enforce the provisions of chapter 485 of

19-5  NRS and perform such duties and exercise such powers as may be

19-6  conferred upon it pursuant to chapter 485 of NRS;

19-7      (8) Execute, administer and enforce the laws relating to the licensing

19-8  of drivers of motorcycles and similar vehicles in accordance with the

19-9  provisions of chapter 486 of NRS;

19-10     (9) Execute, administer and enforce the provisions of chapter 487 of

19-11  NRS and perform such duties and exercise such powers as may be

19-12  conferred upon it pursuant to chapter 487 of NRS; and

19-13     (10) Execute, administer and enforce the provisions of chapter 108 of

19-14  NRS and perform such duties and exercise such powers relating to liens on

19-15  vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the

19-16  provisions of any other laws.

19-17  (b) The administrative services division shall furnish fiscal, accounting

19-18  and other administrative services to the director and the various branches

19-19  and divisions, and advise and assist the director and the various branches

19-20  and divisions in carrying out their functions and responsibilities.

19-21  (c) The investigation division shall:

19-22     (1) Execute, administer and enforce the provisions of chapter 453 of

19-23  NRS relating to controlled substances and chapter 454 of NRS relating to

19-24  dangerous drugs;

19-25     (2) Assist the secretary of state in carrying out an investigation

19-26  pursuant to NRS 293.124; and

19-27     (3) Perform such duties and exercise such powers as may be

19-28  conferred upon it pursuant to this chapter and any other laws.

19-29  (d) The Nevada highway patrol division shall execute, administer and

19-30  enforce the provisions of chapter 484 of NRS and perform such duties and

19-31  exercise such powers as may be conferred upon it pursuant to NRS

19-32  481.180 and the provisions of any other laws.

19-33  (e) [The division of emergency management shall execute, administer

19-34  and enforce the provisions of chapter 414 of NRS and perform such duties

19-35  and exercise such powers as may be conferred upon it pursuant to chapter

19-36  414 of NRS and the provisions of any other laws.

19-37  (f)] The state fire marshal division shall execute, administer and enforce

19-38  the provisions of chapter 477 of NRS and perform such duties and exercise

19-39  such powers as may be conferred upon it pursuant to chapter 477 of NRS

19-40  and the provisions of any other laws.

19-41  [(g)] (f) The division of parole and probation shall execute, administer

19-42  and enforce the provisions of chapters 176A and 213 of NRS relating to

19-43  parole and probation and perform such duties and exercise such powers as

19-44  may be conferred upon it pursuant to those chapters and the provisions of

19-45  any other laws.

19-46  [(h)] (g) The capitol police division shall assist the chief of the

19-47  buildings and grounds division of the department of administration in the

19-48  enforcement of subsection 1 of NRS 331.140.

20-1    [(i)] (h) The training division shall provide training to the employees of

20-2  the department.

20-3    Sec. 32.  NRS 481.083 is hereby amended to read as follows:

20-4    481.083  1.  Except for the operation of the investigation division, [the

20-5  division of emergency management,] the state fire marshal division, the

20-6  division of parole and probation, and the capitol police division of the

20-7  department, money for the administration of the provisions of this chapter

20-8  must be provided by direct legislative appropriation or authorization from

20-9  the state highway fund upon the presentation of budgets in the manner

20-10  required by law.

20-11  2.  All money provided for the support of the department and its

20-12  various divisions must be paid out on claims approved by the director in

20-13  the same manner as other claims against the state are paid.

20-14  Sec. 33.  NRS 481.085 is hereby amended to read as follows:

20-15  481.085  Money collected or received by:

20-16  1.  [The division of emergency management pursuant to chapter 414 of

20-17  NRS;

20-18  2.] The state fire marshal division pursuant to chapter 477 of NRS; and

20-19  [3.] 2. The division of parole and probation pursuant to chapter 176A

20-20  or 213 of NRS,

20-21  must be deposited with the state treasurer for credit to the appropriate

20-22  accounts of the respective divisions.

20-23  Sec. 34.  NRS 481.087 is hereby amended to read as follows:

20-24  481.087  1.  Except as otherwise provided in subsection 2, the

20-25  expenses incurred in the administration of this chapter and in the

20-26  administration of the powers and duties provided in this chapter shall be

20-27  deemed to be a cost of administration with respect to the operation of

20-28  motor vehicles upon the public highways of this state.

20-29  2.  The provisions of subsection 1 do not apply to the expenses incurred

20-30  in the administration of:

20-31  (a) The investigation division;

20-32  (b) [The division of emergency management;

20-33  (c)] The state fire marshal division;

20-34  [(d)] (c) The division of parole and probation; and

20-35  [(e)] (d) The capitol police division,

20-36  of the department.

20-37  Sec. 35.  NRS 481.245 is hereby amended to read as follows:

20-38  481.245  1.  When a coroner is unable to establish the identity of a

20-39  dead body by means other than by dental records, he shall have a dental

20-40  examination of the body made by a dentist. The dentist shall prepare a

20-41  record of his findings and forward it to the investigation division and to the

20-42  central repository for Nevada records of criminal history.

20-43  2.  Each sheriff, chief of police or other law enforcement agency which

20-44  receives a report of a person missing under suspicious circumstances who

20-45  is 18 years or older shall:

20-46  (a) Transmit to the investigation division and to the central repository

20-47  for Nevada records of criminal history:

20-48     (1) The initial report that contains identifying information concerning

20-49  the missing person within 72 hours after the receipt of that report; and

21-1      (2) Any subsequent report concerning the missing person within 5

21-2  working days after the receipt of that report if the report contains additional

21-3  identifying information concerning the missing person;

21-4    (b) Notify immediately such persons and make inquiries concerning the

21-5  missing person as the agency deems necessary; and

21-6    (c) Enter the information concerning the missing person into the

21-7  computer for the National Crime Information Center and the central

21-8  repository for Nevada records of criminal history, if appropriate.

21-9    3.  The sheriff, chief of police or other law enforcement agency shall

21-10  request the written consent of the next of kin or guardian of a person who

21-11  has been reported to him as missing for 30 days or more to obtain certain

21-12  identifying information about the missing person that the National Crime

21-13  Information Center recommends be provided from the appropriate

21-14  providers of medical care. After receiving the written consent, the sheriff,

21-15  chief of police or other law enforcement agency shall obtain the identifying

21-16  information from the providers of medical care and forward that

21-17  information and any other relevant information to the investigation division

21-18  and to the central repository for Nevada records of criminal history for

21-19  comparison with the identifying information that is on file concerning

21-20  unidentified deceased persons. This subsection does not prevent the

21-21  voluntary release of identifying information about the missing person by

21-22  the next of kin or guardian of the missing person at any time.

21-23  4.  The next of kin or guardian of the person reported as missing shall

21-24  promptly notify the appropriate law enforcement agency when the missing

21-25  person is found.

21-26  5.  The sheriff, chief of police or other law enforcement agency shall

21-27  inform the investigation division, the central repository for Nevada records

21-28  of criminal history and the National Crime Information Center when a

21-29  missing person has been found.

21-30  6.  The investigation division and the central repository for Nevada

21-31  records of criminal history shall:

21-32  (a) Maintain the records and other information forwarded to them

21-33  pursuant to subsections 1, 2 and 3 for the purpose of comparing the records

21-34  and otherwise assisting in the identification of dead bodies; and

21-35  (b) Upon request, provide the records and other information that are

21-36  maintained pursuant to this subsection to the state disaster identification

21-37  team of the [division] office of emergency management [of the

21-38  department.] created pursuant to section 1 of this act.

21-39  Sec. 36.  NRS 616A.140 is hereby amended to read as follows:

21-40     616A.140  A member of the Nevada Wing of the Civil Air Patrol who

21-41  participates:

21-42  1.  In a mission; or

21-43  2.  In training,

21-44  which has been authorized by the [division] office of emergency

21-45  management [of the department of motor vehicles and public safety]

21-46  created pursuant to section 1 of this act shall be deemed for the purposes

21-47  of chapters 616A to 616D, inclusive, of NRS to be an employee of the

21-48  [division] office of emergency management at the wage of $600 per month

22-1  and, in the event of injury during such a mission or training, is entitled to

22-2  the benefits of those chapters.

22-3    Sec. 37. Section 3 of Assembly Bill No. 489 of this session is hereby

22-4  amended to read as follows:

22-5    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

22-6     179A.075  1.  The central repository for Nevada records of

22-7  criminal history is hereby created within the Nevada highway patrol

22-8  division of the department.

22-9    2.  Each agency of criminal justice and any other agency dealing

22-10  with crime or delinquency of children shall:

22-11  (a) Collect and maintain records, reports and compilations of

22-12  statistical data required by the department; and

22-13  (b) Submit the information collected to the central repository in the

22-14  manner recommended by the advisory committee and approved by the

22-15  director of the department.

22-16  3.  Each agency of criminal justice shall submit the information

22-17  relating to sexual offenses and other records of criminal history that it

22-18  creates or issues, and any information in its possession relating to the

22-19  genetic markers of [the blood and the secretor status of the saliva] a

22-20  biological specimen of a person who is convicted of [sexual assault or

22-21  any other sexual offense,] an offense listed in subsection 4 of NRS

22-22  176.0913, to the division in the manner prescribed by the director of

22-23  the department. The information must be submitted to the division:

22-24  (a) Through an electronic network;

22-25  (b) On a medium of magnetic storage; or

22-26  (c) In the manner prescribed by the director of the department,

22-27  within the period prescribed by the director of the department. If an

22-28  agency has submitted a record regarding the arrest of a person who is

22-29  later determined by the agency not to be the person who committed

22-30  the particular crime, the agency shall, immediately upon making that

22-31  determination, so notify the division. The division shall delete all

22-32  references in the central repository relating to that particular arrest.

22-33  4.  The division shall, in the manner prescribed by the director of

22-34  the department:

22-35  (a) Collect, maintain and arrange all information submitted to it

22-36  relating to:

22-37     (1) Sexual offenses and other records of criminal history; and

22-38     (2) The genetic markers of [the blood and the secretor status of

22-39  the saliva] a biological specimen of a person who is convicted of

22-40  [sexual assault or any other sexual offense.] an offense listed in

22-41  subsection 4 of NRS 176.0913.

22-42  (b) When practicable, use a record of the personal identifying

22-43  information of a subject as the basis for any records maintained

22-44  regarding him.

22-45  (c) Upon request, provide the information that is contained in the

22-46  central repository to the state disaster identification team of the office

22-47  of emergency management created pursuant to section 1 of Senate

22-48  Bill No. 306 of this [act.] session.

22-49  5.  The division may:

23-1    (a) Disseminate any information which is contained in the central

23-2  repository to any other agency of criminal justice;

23-3    (b) Enter into cooperative agreements with federal and state

23-4  repositories to facilitate exchanges of information that may be

23-5  disseminated pursuant to paragraph (a); and

23-6    (c) Request of and receive from the Federal Bureau of

23-7  Investigation information on the background and personal history of

23-8  any person whose record of fingerprints the central repository submits

23-9  to the Federal Bureau of Investigation and:

23-10     (1) Who has applied to any agency of the State of Nevada or any

23-11  political subdivision thereof for a license which it has the power to

23-12  grant or deny;

23-13     (2) With whom any agency of the State of Nevada or any

23-14  political subdivision thereof intends to enter into a relationship of

23-15  employment or a contract for personal services;

23-16     (3) About whom any agency of the State of Nevada or any

23-17  political subdivision thereof has a legitimate need to have accurate

23-18  personal information for the protection of the agency or the persons

23-19  within its jurisdiction; or

23-20     (4) For whom such information is required to be obtained

23-21  pursuant to NRS 449.179.

23-22  6.  The central repository shall:

23-23  (a) Collect and maintain records, reports and compilations of

23-24  statistical data submitted by any agency pursuant to subsection 2.

23-25  (b) Tabulate and analyze all records, reports and compilations of

23-26  statistical data received pursuant to this section.

23-27  (c) Disseminate to federal agencies engaged in the collection of

23-28  statistical data relating to crime information which is contained in the

23-29  central repository.

23-30  (d) Investigate the criminal history of any person who:

23-31     (1) Has applied to the superintendent of public instruction for a

23-32  license;

23-33     (2) Has applied to a county school district for employment; or

23-34     (3) Is employed by a county school district,

23-35  and notify the superintendent of each county school district and the

23-36  superintendent of public instruction if the investigation of the central

23-37  repository indicates that the person has been convicted of a violation

23-38  of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

23-39  convicted of a felony or any offense involving moral turpitude.

23-40  (e) Upon discovery, notify the superintendent of each county

23-41  school district by providing him with a list of all persons:

23-42     (1) Investigated pursuant to paragraph (d); or

23-43     (2) Employed by a county school district whose fingerprints

23-44  were sent previously to the central repository for investigation,

23-45  who the central repository’s records indicate have been convicted of a

23-46  violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395,

23-47  or convicted of a felony or any offense involving moral turpitude

23-48  since the central repository’s initial investigation. The superintendent

24-1  of each county school district shall determine whether further

24-2  investigation or action by the district is appropriate.

24-3    (f) Investigate the criminal history of each person who submits

24-4  fingerprints or has his fingerprints submitted pursuant to NRS

24-5  449.176 or 449.179.

24-6    (g) On or before July 1 of each year, prepare and present to the

24-7  governor a printed annual report containing the statistical data relating

24-8  to crime received during the preceding calendar year. Additional

24-9  reports may be presented to the governor throughout the year

24-10  regarding specific areas of crime if they are recommended by the

24-11  advisory committee and approved by the director of the department.

24-12  (h) On or before July 1 of each year, prepare and submit to the

24-13  director of the legislative counsel bureau, for submission to the

24-14  legislature, or the legislative commission when the legislature is not in

24-15  regular session, a report containing statistical data about domestic

24-16  violence in this state.

24-17  (i) Identify and review the collection and processing of statistical

24-18  data relating to criminal justice and the delinquency of children by

24-19  any agency identified in subsection 2, and make recommendations for

24-20  any necessary changes in the manner of collecting and processing

24-21  statistical data by any such agency.

24-22  7.  The central repository may:

24-23  (a) At the recommendation of the advisory committee and in the

24-24  manner prescribed by the director of the department, disseminate

24-25  compilations of statistical data and publish statistical reports relating

24-26  to crime or the delinquency of children.

24-27  (b) Charge a reasonable fee for any publication or special report it

24-28  distributes relating to data collected pursuant to this section. The

24-29  central repository may not collect such a fee from an agency of

24-30  criminal justice, any other agency dealing with crime or the

24-31  delinquency of children which is required to submit information

24-32  pursuant to subsection 2 or the state disaster identification team of the

24-33  office of emergency management created pursuant to section 1 of

24-34  Senate Bill No. 306 of this[act.] session. All money collected

24-35  pursuant to this paragraph must be used to pay for the cost of

24-36  operating the central repository.

24-37  (c) In the manner prescribed by the director of the department, use

24-38  electronic means to receive and disseminate information contained in

24-39  the central repository that it is authorized to disseminate pursuant to

24-40  the provisions of this chapter.

24-41  8.  As used in this section:

24-42  (a) “Advisory committee” means the committee established by the

24-43  director of the department pursuant to NRS 179A.078.

24-44  (b) “Personal identifying information” means any information

24-45  designed, commonly used or capable of being used, alone or in

24-46  conjunction with any other information, to identify a person,

24-47  including, without limitation:

25-1      (1) The name, driver’s license number, social security number,

25-2  date of birth and photograph or computer generated image of a

25-3  person; and

25-4      (2) The fingerprints, voiceprint, retina image and iris image of a

25-5  person.

25-6    Sec. 38. Section 240 of Assembly Bill No. 618 of this session is

25-7  hereby amended to read as follows:

25-8    Sec. 240.  NRS 179A.100 is hereby amended to read as follows:

25-9     179A.100  1.  The following records of criminal history may be

25-10  disseminated by an agency of criminal justice without any restriction

25-11  pursuant to this chapter:

25-12  (a) Any which reflect records of conviction only; and

25-13  (b) Any which pertain to an incident for which a person is

25-14  currently within the system of criminal justice, including parole or

25-15  probation.

25-16  2.  Without any restriction pursuant to this chapter, a record of

25-17  criminal history or the absence of such a record may be:

25-18  (a) Disclosed among agencies which maintain a system for the

25-19  mutual exchange of criminal records.

25-20  (b) Furnished by one agency to another to administer the system of

25-21  criminal justice, including the furnishing of information by a police

25-22  department to a district attorney.

25-23  (c) Reported to the central repository.

25-24  3.  An agency of criminal justice shall disseminate to a

25-25  prospective employer, upon request, records of criminal history

25-26  concerning a prospective employee or volunteer which:

25-27  (a) Reflect convictions only; or

25-28  (b) Pertain to an incident for which the prospective employee or

25-29  volunteer is currently within the system of criminal justice, including

25-30  parole or probation.

25-31  4.  The central repository shall disseminate to a prospective or

25-32  current employer, upon request, information relating to sexual

25-33  offenses concerning an employee, prospective employee, volunteer or

25-34  prospective volunteer who gives his written consent to the release of

25-35  that information.

25-36  5.  Records of criminal history must be disseminated by an agency

25-37  of criminal justice upon request, to the following persons or

25-38  governmental entities:

25-39  (a) The person who is the subject of the record of criminal history

25-40  for the purposes of NRS 179A.150.

25-41  (b) The person who is the subject of the record of criminal history

25-42  or his attorney of record when the subject is a party in a judicial,

25-43  administrative, licensing, disciplinary or other proceeding to which

25-44  the information is relevant.

25-45  (c) The state gaming control board.

25-46  (d) The state board of nursing.

25-47  (e) The private investigator’s licensing board to investigate an

25-48  applicant for a license.

26-1    (f) A public administrator to carry out his duties as prescribed in

26-2  chapter 253 of NRS.

26-3    (g) A public guardian to investigate a ward or proposed ward or

26-4  persons who may have knowledge of assets belonging to a ward or

26-5  proposed ward.

26-6    (h) Any agency of criminal justice of the United States or of

26-7  another state or the District of Columbia.

26-8    (i) Any public utility subject to the jurisdiction of the public

26-9  utilities commission of Nevada when the information is necessary to

26-10  conduct a security investigation of an employee or prospective

26-11  employee, or to protect the public health, safety or welfare.

26-12  (j) Persons and agencies authorized by statute, ordinance,

26-13  executive order, court rule, court decision or court order as construed

26-14  by appropriate state or local officers or agencies.

26-15  (k) Any person or governmental entity which has entered into a

26-16  contract to provide services to an agency of criminal justice relating to

26-17  the administration of criminal justice, if authorized by the contract,

26-18  and if the contract also specifies that the information will be used only

26-19  for stated purposes and that it will be otherwise confidential in

26-20  accordance with state and federal law and regulation.

26-21  (l) Any reporter for the electronic or printed media in his

26-22  professional capacity for communication to the public.

26-23  (m) Prospective employers if the person who is the subject of the

26-24  information has given written consent to the release of that

26-25  information by the agency which maintains it.

26-26  (n) For the express purpose of research, evaluative or statistical

26-27  programs pursuant to an agreement with an agency of criminal justice.

26-28  (o) The division of child and family services of the department of

26-29  human resources and any county agency that is operated pursuant to

26-30  NRS 432B.325 or authorized by a court of competent jurisdiction to

26-31  receive and investigate reports of abuse or neglect of children and

26-32  which provides or arranges for protective services for such children.

26-33  (p) The welfare division of the department of human resources or

26-34  its designated representative.

26-35  (q) An agency of this or any other state or the Federal Government

26-36  that is conducting activities pursuant to Part D of Title IV of the

26-37  Social Security Act, 42 U.S.C. §§ 651 et seq.

26-38  (r) The state disaster identification team of the office of emergency

26-39  management created pursuant to section 1 of Senate Bill No. 306 of

26-40  this [act.] session.

26-41  (s) The commissioner of insurance.

26-42  6.  Agencies of criminal justice in this state which receive

26-43  information from sources outside this state concerning transactions

26-44  involving criminal justice which occur outside Nevada shall treat the

26-45  information as confidentially as is required by the provisions of this

26-46  chapter.

26-47  Sec. 39. Section 10 of Senate Bill No. 327 of this session is hereby

26-48  amended to read as follows:

26-49  Sec. 10.  NRS 459.742 is hereby amended to read as follows:

27-1     459.742  The commission, in carrying out its duties and within the

27-2  limits of legislative appropriations and other available money, may:

27-3    1.  Enter into contracts, leases or other agreements or transactions;

27-4    2.  Provide grants of money to local emergency planning

27-5  committees to improve their ability to respond to emergencies

27-6  involving hazardous materials;

27-7    3.  Assist with the development of comprehensive plans for

27-8  responding to such emergencies in this state;

27-9    4.  Provide technical assistance and administrative support to the

27-10  telecommunications unit of the communication and computing

27-11  division of the department of information technology for the

27-12  development of systems for communication during such emergencies;

27-13  5.  Provide technical and administrative support and assistance for

27-14  training programs;

27-15  6.  Develop a system to provide public access to data relating to

27-16  hazardous materials;

27-17  7.  Support any activity or program eligible to receive money from

27-18  the contingency account for hazardous materials;

27-19  8.  Adopt regulations setting forth the manner in which the office

27-20  of emergency management created pursuant to section 1 of Senate

27-21  Bill No. 306 of this [act] session shall:

27-22  (a) Allocate money received by the division which relates to

27-23  hazardous materials or is received pursuant to [Public Law 99-499 or

27-24  Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49

27-25  U.S.C. §§ 5101 et seq.; and

27-26  (b) Approve programs developed to address planning for and

27-27  responding to emergencies involving hazardous materials; and

27-28  9.  Coordinate the activities administered by state agencies to

27-29  carry out the provisions of chapter 459 of NRS, [Public Law 99-499

27-30  and Title I of Public Law 93-633.]42 U.S.C. §§ 11001 et seq. and 49

27-31  U.S.C. §§ 5101 et seq.

27-32  Sec. 40. Section 7 of Senate Bill No. 401 of this session is hereby

27-33  amended to read as follows:

27-34  Sec. 7.  NRS 284.140 is hereby amended to read as follows:

27-35     284.140  The unclassified service of the state consists of the

27-36  following state officers or employees in the executive department of

27-37  the state government who receive annual salaries for their service:

27-38  1.  Members of boards and commissions, and heads of

27-39  departments, agencies and institutions required by law to be

27-40  appointed.

27-41  2.  Except as otherwise provided in section 3 of this act and NRS

27-42  223.085 and 223.570, all persons required by law to be appointed by

27-43  the governor or heads of departments or agencies appointed by the

27-44  governor or by boards.

27-45  3.  All employees other than clerical in the office of the attorney

27-46  general and the state public defender required by law to be appointed

27-47  by the attorney general or the state public defender.

27-48  4.  Except as otherwise provided by the board of regents of the

27-49  University of Nevada pursuant to NRS 396.251, officers and members

28-1  of the teaching staff and the staffs of the agricultural extension

28-2  department and experiment station of the University and Community

28-3  College System of Nevada, or any other state institution of learning,

28-4  and student employees of these institutions. Custodial, clerical or

28-5  maintenance employees of these institutions are in the classified

28-6  service. The board of regents of the University of Nevada shall assist

28-7  the director in carrying out the provisions of this chapter applicable to

28-8  the University and Community College System of Nevada.

28-9    5.  All other officers and employees authorized by law to be

28-10  employed in the unclassified service.

28-11  Sec. 41. Section 10 of Senate Bill No. 401 of this session is hereby

28-12  amended to read as follows:

28-13      Sec. 10.  1.  This section and sections 1 to 6, inclusive, 8 and 9

28-14  of this act become effective on July 1, 2001.

28-15     2.  Section 7 of this act becomes effective at 12:01 a.m. on July 1,

28-16  2001.

28-17  Sec. 42.  The Legislative Counsel shall:

28-18  1.  In preparing the reprint and supplements to the Nevada Revised

28-19  Statutes, appropriately change any references to an officer, agency or other

28-20  entity whose name is changed or whose responsibilities are transferred

28-21  pursuant to the provisions of this act to refer to the appropriate officer,

28-22  agency or other entity.

28-23  2.  In preparing supplements to the Nevada Administrative Code,

28-24  appropriately change any references to an officer, agency or other entity

28-25  whose name is changed or whose responsibilities are transferred pursuant

28-26  to the provisions of this act to refer to the appropriate officer, agency or

28-27  other entity.

28-28  Sec. 43.  NRS 353.2712 and 414.0315 are hereby repealed.

28-29  Sec. 44.  1.  This section and sections 1 to 5, inclusive, 7, 9, 10, 12 to

28-30  18, inclusive, and 20 to 43, inclusive, of this act become effective on

28-31  July 1, 2001.

28-32  2.  Sections 8, 11 and 19 of this act become effective at 12:01 a.m. on

28-33  July 1, 2001.

28-34  3.  Section 6 of this act becomes effective at 12:02 a.m. on July 1,

28-35  2001.

 

28-36  TEXT OF REPEALED SECTIONS

 

28-37     353.2712  “Division” defined. “Division” means the division of

28-38   emergency management of the department of motor vehicles and public

28-39   safety.

28-40     414.0315  “Chief” defined. “Chief” means the chief of the division

28-41   of emergency management of the department of motor vehicles and public

28-42   safety.

 

28-43  H