SUMMARY--Transfers commission on substance abuse education, prevention, enforcement and treatment to department of motor vehicles and public safety. (BDR 18-1850)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the commission on substance abuse education, prevention, enforcement and treatment; transferring the commission from the department of employment, training and rehabilitation to the department of motor vehicles and public safety; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 232.910 is hereby amended to read as follows:
232.910 1. The department of employment, training and rehabilitation is hereby created. The purpose of the department is to plan, coordinate and carry out various services and activities designed to achieve and support employment and economic independence for disadvantaged, displaced and disabled residents of this state.
2. The department consists of a director and the following divisions:
(a) Employment security division;
(b) Rehabilitation division; and
(c) Such other divisions as the director may establish.
3. The Nevada equal rights commission [,] and the board for the education and counseling of displaced homemakers [and the commission on substance abuse education, prevention, enforcement and treatment] are within the department.
Sec. 2 NRS 232.920 is hereby amended to read as follows:
232.920The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to 458.360, inclusive, chapters 426, 426A, [458,] 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
3. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.
4. In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.
5. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.
Sec. 3 NRS 458.010 is hereby amended to read as follows:
458.010As used in [this chapter,] NRS 458.010 to 458.360, inclusive, unless the context requires otherwise:
1. "Alcohol and drug abuse program" means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. "Alcohol and drug abuser" means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. "Alcoholic" means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. "Bureau" means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. "Chief" means the chief of the bureau.
6. "Civil protective custody" means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. "Department" means the department of employment, training and rehabilitation.
8. "Director" means the director of the department.
9. "Facility" means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 4 NRS 458.031 is hereby amended to read as follows:
458.031The department shall administer the provisions of [this chapter] NRS 458.010 to 458.360, inclusive, as the sole agency of the State of Nevada for [such] that purpose.
Sec. 5 NRS 458.035 is hereby amended to read as follows:
458.035The department may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of [this chapter.] NRS 458.010 to 458.360, inclusive.
Sec. 6 NRS 458.043 is hereby amended to read as follows:
458.043As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by [this chapter,] NRS 458.010 to 458.360, inclusive, subject to administrative supervision by the director.
2. Subject to the approval of the director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 7 NRS 458.055 is hereby amended to read as follows:
458.0551. To preserve the confidentiality of any information concerning persons applying for or receiving any services [under this chapter,] pursuant to NRS 458.010 to 458.360, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.
2. Wherever information concerning persons applying for and receiving any services [under this chapter] pursuant to NRS 458.010 to 458.360, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of such [records by such] information by the agency or institution [shall be bound by the confidentiality rules of the bureau.] is subject to the rules established by the bureau pursuant to subsection 1.
3. Except as otherwise provided in NRS 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of [this chapter,] NRS 458.010 to 458.360, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services [under the provisions of this chapter.] pursuant to NRS 458.010 to 458.360, inclusive.
Sec. 8 NRS 458.091 is hereby amended to read as follows:
458.091Alcohol and drug abusers [shall] must be admitted to public or private general medical hospitals which receive federal or state [funds] money for alcohol and drug abuse programs, and [shall] must be treated in such hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to [the provisions of this chapter.] NRS 458.010 to 458.360, inclusive.
Sec. 9 NRS 458.100 is hereby amended to read as follows:
458.1001. All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to [a fund to be known as] the state grant and gift account for alcohol and drug abuse which is hereby created in the department of employment, training and rehabilitation's gift fund.
2. Money in the account which has been received:
(a) Pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.
(b) From any other source must be used for the purpose of carrying out the provisions of [this chapter] NRS 458.010 to 458.360, inclusive, and other programs or laws administered by the bureau.
3. All claims must be approved by the chief before they are paid.
Sec. 10 NRS 458.110 is hereby amended to read as follows:
458.110In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the bureau may engage in any activity necessary to effectuate the purposes of [this chapter.] NRS 458.010 to 458.360, inclusive.
Sec. 11 NRS 458.115 is hereby amended to read as follows:
458.115[Funds] Money to carry out the provisions of [this chapter shall] NRS 458.010 to 458.360, inclusive, must be provided by direct legislative appropriation from the state general fund [, and shall be] and paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the chief before they are paid.
Sec. 12 NRS 458.380 is hereby amended to read as follows:
458.3801. The commission on substance abuse education, prevention, enforcement and treatment is hereby created [.] within the department of motor vehicles and public safety.
2. The governor shall appoint:
(a) Three members who represent law enforcement and are knowledgeable in the areas of the penal system, parole and probation and the judicial system;
(b) Three members who represent the state board of education, local school districts, teachers and programs for the prevention of abuse of drugs and alcohol;
(c) Three members who are managers of programs which are accredited by the state to treat persons who abuse drugs and alcohol; and
(d) Four members who represent the general public.
3. At least three of the members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.
4. The director of the department of human resources, the superintendent of public instruction, the director of the department of employment, training and rehabilitation, the attorney general and the director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.
5. The term of office of each appointed member of the commission is 2 years.
6. The governor shall appoint one member who is not an elected official to serve as chairman of the commission.
7. Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 13 This act becomes effective on July 1, 1997.