(On Behalf of the Department of Motor Vehicles
and Public Safety)
January 27, 1997
____________
Referred to Committee on Finance
SUMMARY--Revises provisions governing organization of public safety portion of department of motor vehicles and public safety. (BDR 43-466)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the department of motor vehicles and public safety; revising the provisions governing the organization of the public safety portion of the department; creating a division of safety services within the department and defining its duties; reorganizing the state fire marshal division and the division of emergency management as offices within the division of safety services; placing the state emergency response commission within the division of safety services; creating a division of records and identification within the department and defining its duties; transferring the duties of the Nevada highway patrol relating to certain records to the division of records and identification; creating a training division within the department and defining its duties; providing that the administrative expenses of the training division are not expenses with respect to the operation of motor vehicles upon any public highway in this state; providing that certain employees of the training division have the powers of peace officers; expanding the duties of various other divisions of the department; providing for the organization of certain offices within the department; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2 The director may establish within the department an office of technical support services to provide automated information and telecommunication services to the director and the divisions of the department.
Sec. 3 As used in NRS 481.230 to 481.260, inclusive, unless the context otherwise requires, "investigation division" or "division" means the investigation division of the department.
Sec. 4 As used in sections 4 to 8, inclusive, of this act, unless the context otherwise requires:
1. "Chief" means the chief of the training division.
2. "Training division" means the training division of the department.
Sec. 5 The training division is composed of:
1. A chief appointed by the director; and
2. Within the limitations of legislative appropriation, such training officers and supportive personnel as the director determines to be sufficient to carry out the duties of the training division, who are in the classified service of the state.
Sec. 6 The chief shall advise the peace officers' standards and training committee regarding professional standards for the training and certification of peace officers and, in cooperation with the peace officers' standards and training committee, shall:
1. Furnish and administer programs for the basic and specialized training and continuing education of peace officers.
2. Develop a program to train instructors of peace officers.
3. Describe the programs that are available for the training of peace officers and notify law enforcement agencies of the availability of those programs.
4. Assist other agencies and organizations to prepare and administer programs for the training of peace officers.
5. Develop and provide specific training programs for the department.
Sec. 7 The chief:
1. Shall establish and maintain a library of publications, films, crime data and other materials for the benefit of agencies of law enforcement in this state and the general public.
2. May charge a reasonable fee for the use of the materials in the library.
Sec. 8 The director or his designee, on behalf of the training division, may enter into agreements for the procurement of necessary services or property, and accept gifts, grants, services or property, for the training programs of the training division, and may charge fees for the training programs, materials and services provided by the training division.
Sec. 9 As used in sections 9 to 12, inclusive, of this act, unless the context otherwise requires:
1. "Chief" means the chief of the division of safety services.
2. "Division of safety services" means the division of safety services of the department.
Sec. 10 The division of safety services is composed of:
1. A chief appointed by the director; and
2. Within the limitations of legislative appropriation, such supportive personnel as the director determines to be sufficient to carry out the duties of the division of safety services, who are in the classified service of the state.
Sec. 11 1. The division of safety services consists of:
(a) The state emergency response commission;
(b) The office of emergency support;
(c) The state fire marshal office; and
(d) The offices organized by the chief pursuant to subsection 2.
2. The chief shall organize within the division, and assign duties to:
(a) An office of criminal justice assistance;
(b) An office of traffic safety; and
(c) An office of administrative hearings.
Sec. 12 The director or his designee may, on behalf of the division of safety services, enter into agreements for the procurement of necessary services or property, and accept gifts, grants, services or property, for the training programs of the division of safety services, and may charge fees for the training programs, materials and services provided by the division of safety services.
Sec. 13 NRS 481.054 is hereby amended to read as follows:
481.054 The persons upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the committee, except:
1. The chief parole and probation officer;
2. The director of the department of prisons;
3. The state fire marshal;
4. The director of the department of motor vehicles and public safety, the deputy directors of the department, and the chiefs of the divisions of the department other than the investigation division;
5. The administrator of the office of emergency support of the division of safety services of the department;
6. The commissioner of insurance and his chief deputy;
[6.] 7. Railroad policemen; and
[7.] 8. California correctional officers.
Sec. 14 NRS 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of the files and records of the department or its various divisions for a private purpose. [All] Except as otherwise provided in NRS 481.085, all money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
2. The director may release personal information from a file or record relating to the driver's license, identification card or title or registration of a vehicle of a person if the requester submits a notarized release from the person who holds a lien on the vehicle or the person about whom the information is requested which is dated no more than 90 days before the date of the request.
3. Except as otherwise provided in subsection 2, the director shall not release to any person who is not an officer or employee of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations:
(a) A list which includes license plate numbers combined with any other information in the records or files of the department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver's license, identification card or title or registration of a vehicle.
5. Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver's license, identification card or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles;
(9) Activities relating to research and analysis of the market for motor vehicles, such as the conducting of surveys; or
(10) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles which have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrolman or security consultant who is licensed pursuant to NRS 648.060, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
6. A person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person [must] shall keep and maintain for a period of 5 years a record of:
(a) Each person to which the information is provided; and
(b) The purpose for which that person will use the information,
which must be available for examination by the department at all reasonable times upon request.
7. Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person's privacy.
8. Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.
9. The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:
(a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department's files and records may be obtained and the limited uses which are permitted;
(b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) That he understands that a record will be maintained by the department of any information he requests; and
(d) That he understands that a violation of the provisions of this section is a criminal offense.
10. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the department.
(b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.
11. As used in this section, "personal information" means information which reveals the identity of a person, including his photograph, social security number, driver's license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.
Sec. 15 NRS 481.067 is hereby amended to read as follows:
481.067 1. The department may include:
(a) A registration division.
(b) A drivers' license division.
(c) A Nevada highway patrol division.
(d) An administrative services division.
(e) An investigation division.
(f) A division of [emergency management.] safety services.
(g) A [state fire marshal division.] division of records and identification.
(h) A division of parole and probation.
(i) A capitol police division.
(j) A training division.
(k) Such other divisions as the director may from time to time establish.
2. Before he reorganizes the department, the director shall obtain the approval of:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular session.
Sec. 16 NRS 481.071 is hereby amended to read as follows:
481.071 [1. Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (e), (h) or (i) of that subsection.
2.] Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:
[(a)] 1. The registration division shall:
[(1)] (a) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;
[(2)] (b) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;
[(3)] (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;
[(4)] (d) Execute and administer the provisions of chapter 366 of NRS, relating to the imposition and collection of taxes on special fuels used for motor vehicles; and
[(5)] (e) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.
[(b)] 2. The drivers' license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.
[(c)] 3. The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.
[(d)] 4. The investigation division shall:
[(1)] (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
[(2)] (b) Conduct criminal investigations:
(1) For the enforcement of the provisions of chapters 366, 482, 483, 485, 487 and 706 of NRS and NRS 108.265 to 108.360, inclusive, and 445B.700 to 445B.845, inclusive, as those sections pertain to motor vehicles, motorcycles, recreational vehicles, trailers and semitrailers, as defined in chapter 482 of NRS; and
(2) Relating to motor vehicles, motorcycles, recreational vehicles, trailers and semitrailers, as defined in chapter 482 of NRS, which are subject to a bailment or lien pursuant to NRS 108.440 to 108.500, inclusive;
(c) Assist the state fire marshal in conducting criminal investigations for the enforcement of chapter 477 of NRS;
(d) Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124; and
[(3)] (e) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.
[(e)] 5. The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.
[(f)] 6. The division of [emergency management] safety services shall execute, administer and enforce the provisions of [chapter] chapters 414 and 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to [chapter 414 of NRS] those chapters and the provisions of any other laws.
[(g) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.
(h)] 7. The division of parole and probation shall execute, administer and enforce the provisions of chapters 176 and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other law.
[(i)] 8. The capitol police division shall [assist] :
(a) Assist the chief of the buildings and grounds division of the department of administration in the enforcement of subsection 1 of NRS 331.140 [.] ; and
(b) Prevent unlawful activity on or damage to state property, and enforce and aid in enforcing thereon all of the laws of the State of Nevada.
9. The division of records and identification shall:
(a) Maintain the central repository for Nevada records of criminal history and carry out the provisions of chapter 179A of NRS;
(b) Maintain the repository for information concerning hazardous materials in Nevada in accordance with chapter 459 of NRS; and
(c) Maintain such records of the department as the director deems desirable and appropriate.
10. The training division shall provide training and continuing education in law enforcement and perform such other duties and exercise such powers as may be conferred upon it pursuant to this chapter and the provisions of any other laws.
Sec. 17 NRS 481.083 is hereby amended to read as follows:
481.083 1. Except for the operation of the peace officers' standards and training committee, the investigation division, the [division] office of emergency [management,] support and the state fire marshal office of the division [,] of safety services, the division of parole and probation , the training division and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.
2. All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 18 NRS 481.085 is hereby amended to read as follows:
481.085 Money collected or received by:
1. The [division of emergency management] office of emergency support of the division of safety services of the department pursuant to chapter 414 of NRS;
2. The state fire marshal office of the division of safety services of the department pursuant to chapter 477 of NRS; [and]
3. The division of parole and probation of the department pursuant to chapter 176 or 213 of NRS [,] ; and
4. The training division of the department pursuant to sections 7 and 8 of this act,
must be deposited with the state treasurer for credit to the appropriate accounts of the respective divisions.
Sec. 19 NRS 481.087 is hereby amended to read as follows:
481.087 1. Except as otherwise provided in subsection 2, the expenses incurred in the administration of this chapter and in the administration of the powers and duties provided in this chapter shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.
2. The provisions of subsection 1 do not apply to the expenses incurred in the administration of:
(a) The investigation division;
(b) The [division of emergency management;] office of emergency support of the division of safety services;
(c) The state fire marshal office of the division [;] of safety services;
(d) The training division;
(e) The division of parole and probation; and
[(e)] (f) The capitol police division,
of the department.
Sec. 20 NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada and to enforce all other laws of this state when:
(a) In the apprehension or pursuit of an offender or suspected offender;
(b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(c) Making arrests pursuant to a warrant in the officer's possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.
3. To enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 485, 486, 487 and 706 of NRS.
4. [To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
5.] To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
[6. To maintain the repository for information concerning hazardous materials in Nevada and to]
5. To carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.
[7.] 6. To perform such other duties in connection with those specified in this section, as may be imposed by the director.
Sec. 21 NRS 481.240 is hereby amended to read as follows:
481.240 The chief of the investigation division shall:
1. Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the attorney general or any sheriff, chief of police or district attorney.
2. With the approval of the governor or his designee, provide an agency of this or any other state, or of the Federal Government, with services relating to the investigation of crimes, including interrogation with the use of polygraph instruments.
3. Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.
[3.] 4. Provide and operate a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.
[4.] 5. Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.
[5.] 6. Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.
[6.] 7. Enforce the provisions of chapter 453 of NRS.
[7.] 8. Maintain the records and other information forwarded to the division to assist in locating missing persons or identifying dead bodies.
[8.] 9. Furnish information relating to any person of whom he maintains a record to any law enforcement agency.
[9.] 10. Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124.
Sec. 22 NRS 482.540 is hereby amended to read as follows:
482.540 1. Any police officer, without a warrant, may seize and take possession of any vehicle:
(a) Which is being operated with improper registration;
(b) Which the officer has probable cause to believe has been stolen;
(c) On which any motor number, manufacturer's number or identification mark has been defaced, altered or obliterated; or
(d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been defaced, altered or obliterated.
2. As used in this section, "police officer" means:
(a) Any officer of the Nevada highway patrol;
(b) Any investigator of the investigation division or the bureau of enforcement of the registration division of the department;
(c) Any officer of the capitol police division of the department;
(d) Sheriffs of counties and of metropolitan police departments and their deputies; and
[(d)] (e) Marshals and policemen of cities and towns.
Sec. 23 NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49 $10
50 to 59 25
60 to 69 30
70 to 79 35
80 to 89 40
90 to 99 45
100 to 199 55
200 to 299 65
300 to 399 75
400 to 499 85
500 to 1,000 100
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court's docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the county's juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
6. The money collected for administrative assessments in justices' courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the county's juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the justices' courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The county treasurer shall provide, upon request by a justice's court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
7. The money apportioned to a juvenile court, a justice's court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court, or to acquire a computer or the use of one, or both. Money used to improve the operation of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:
(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The peace officers' standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;
(3) The operation by the [Nevada highway patrol] department of motor vehicles and public safety of a computerized switching system for information related to law enforcement; and
(4) The fund for the compensation of victims of crime.
9. As used in this section, "juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 24 NRS 179.301 is hereby amended to read as follows:
179.301 1. The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer's, seller's or distributor's license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
2. The central repository for Nevada records of criminal history and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.190 to 179A.240, inclusive.
Sec. 25 NRS 179.530 is hereby amended to read as follows:
179.530 1. District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the attorney general or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions exist on July 1, 1989.
2. As used in this section, "peace officer" means:
(a) Sheriffs of counties and metropolitan police departments and their deputies;
(b) Investigators, agents, officers and employees of the investigation division [of investigation] of the department of motor vehicles and public safety who have the powers of peace officers pursuant to paragraph (d) of subsection 1 of NRS 289.270;
(c) Policemen of cities and towns;
(d) Agents of the state gaming control board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
(e) Special investigators employed by the attorney general who have the powers of peace officers pursuant to NRS 289.170; and
(f) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170.
3. A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.
Sec. 26 NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the [Nevada highway patrol] division of records and identification of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division of records and identification in the manner prescribed by the director of the department. A report of disposition must be submitted to the division [:] of records and identification:
(a) Through an electronic network;
(b) On a media of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division [.] of records and identification. The division shall delete all references in the central repository relating to that particular arrest.
4. The division of records and identification shall:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) Use a record of the subject's fingerprints as the basis for any records maintained regarding him.
5. The division of records and identification may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
6. The [central repository] division of records and identification shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository's initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(g) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The [central repository] division of records and identification may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The [central repository] division of records and identification may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
8. As used in this section, "advisory committee" means the committee established by the director of the department pursuant to NRS 179A.078.
Sec. 27 NRS 233F.170 is hereby amended to read as follows:
233F.170 In the event of any emergency, the governor may direct the [division] office of emergency [management] support of the division of safety services of the department of motor vehicles and public safety to assume control over all or part of the state communications system.
Sec. 28 NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.
(f) The training officers and any other officer or employee of the training division of the department of motor vehicles and public safety whose principal duty is to provide training to other peace officers, and any person who is promoted from such a duty to a supervisory position related to that duty.
(g) The administrator of the office of emergency support of the division of safety services of the department of motor vehicles and public safety.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
Sec. 29 Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:
"Administrator" means the administrator of the office of emergency support of the division of safety services of the department of motor vehicles and public safety.
Sec. 30 NRS 414.030 is hereby amended to read as follows:
414.030 As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and section 29 of this act, have the meanings ascribed to them in those sections.
Sec. 31 NRS 414.040 is hereby amended to read as follows:
414.040 1. [A division] The office of emergency [management] support is hereby created within the division of safety services of the department of motor vehicles and public safety. The [chief] administrator of the [division] office is appointed by and holds office at the pleasure of the director of the department of motor vehicles and public safety. The [division] office is the state agency for civil defense and the [chief] administrator is the state's director of civil defense.
2. The [chief] administrator may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The [chief,] administrator, subject to the direction and control of the director, shall carry out the program for emergency management in this state. [He] The administrator shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the director.
4. To facilitate the development of a comprehensive, coordinated approach to emergency management, the [chief] administrator may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;
(c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.
Sec. 32 NRS 414.170 is hereby amended to read as follows:
414.170 1. The board of search and rescue, consisting of eight members appointed by the [chief,] administrator, is hereby created. The [chief] administrator shall appoint:
(a) One member who is a representative of the Nevada highway patrol;
(b) One member who is a representative of the Nevada Wing of the Civil Air Patrol;
(c) One member who is a representative of the Nevada National Guard;
(d) One member who is a representative of the sheriffs of Nevada;
(e) One member who is a representative of the medical profession;
(f) One member who is a representative of the division of forestry of the state department of conservation and natural resources;
(g) One member who is a representative of organizations which specialize in search and rescue; and
(h) One member who is a representative of the Nevada Fire Chiefs' Association or its legal successor. If the association ceases to exist and no legal successor is formed, the [chief] administrator shall appoint one member who is a fire chief.
2. The term of office of each member of the board is 2 years.
Sec. 33 NRS 414.180 is hereby amended to read as follows:
414.180 The board shall:
1. Meet at the call of the [chief] administrator and at least once every 6 months;
2. Provide direction and guidance for the coordinator;
3. Formulate policy regarding search and rescue; and
4. Carry out the other duties assigned to it in this chapter.
Sec. 34 NRS 414.200 is hereby amended to read as follows:
414.200 The [chief,] administrator, with the advice of the board, shall appoint a coordinator of search and rescue.
Sec. 35 NRS 459.701 is hereby amended to read as follows:
459.701 "Commission" means the state emergency response commission [.] of the division of safety services of the department of motor vehicles and public safety.
Sec. 36 NRS 459.715 is hereby amended to read as follows:
459.715 1. The repository for information concerning hazardous materials in Nevada is hereby created within the division [.] of records and identification of the department.
2. The commission shall coordinate the collection of information for the repository and may adopt regulations for that purpose which are consistent with all applicable laws and with any regulations adopted by the director regarding the management and operation of the repository.
3. Every state and local governmental agency concerned with the generation, transportation, shipment, storage or disposal of hazardous materials shall submit to the division of records and identification, pursuant to the regulations of the department and the commission , such information it collects regarding hazardous materials as required by the commission.
4. The division of records and identification shall collect, maintain and arrange all information submitted to it concerning hazardous materials.
5. The division of records and identification may, in a manner consistent with applicable laws and regulations:
(a) Disseminate any information which is contained in the repository to any other governmental agency concerned with the storage, packaging, disposal or transportation of hazardous materials; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
Sec. 37 NRS 459.720 is hereby amended to read as follows:
459.720 1. Every person who generates, packages, transports, ships, stores or disposes of, or has any responsibility for, any hazardous material in this state shall, pursuant to the regulations of the department, report to the [division,] department, within 10 days and on forms supplied by the [division,] department, designated accidents or incidents involving the hazardous material.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 38 NRS 459.725 is hereby amended to read as follows:
459.725 1. The director is responsible for administering the provisions of NRS 459.705 to 459.725, inclusive, and may adopt regulations for that purpose.
2. The director shall adopt regulations:
(a) For the security of the repository for information concerning hazardous materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning hazardous materials is submitted to the [division] department by state and local governmental agencies.
Sec. 39 NRS 459.738 is hereby amended to read as follows:
459.738 1. The state emergency response commission is hereby created within the division of safety services of the department for the purpose of carrying out the provisions of Public Law 99-499 and other matters relating thereto.
2. The commission consists of not more than 25 members appointed by the governor. The governor shall, to the extent practicable, appoint persons to the commission who have technical expertise in responding to emergencies.
3. The term of each member of the commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.
4. The governor shall appoint one or more of the members of the commission to serve as chairman or cochairmen.
5. The commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.
Sec. 40 NRS 459.742 is hereby amended to read as follows:
459.742 The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this state;
4. Provide technical assistance and administrative support to the telecommunications division of the department of information services for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the contingency fund for hazardous materials;
8. Adopt regulations setting forth the manner in which the [division] office of emergency [management] support of the division of safety services of the department [of motor vehicles and public safety] must:
(a) Allocate money received by the [division] office which relates to hazardous materials or is received pursuant to Public Law 99-499 or Title I of Public Law 93-633; and
(b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of Public Law 93-633.
Sec. 41 NRS 459.796 is hereby amended to read as follows:
459.796 A person is entitled to immunity under subsection 2 of NRS 459.792 only if:
1. In the case of one furnishing advice or assistance, he is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his qualifications; and
2. He was requested to provide the equipment, advice or other assistance by:
(a) The person responsible for the discharge;
(b) The [division] office of emergency [management] support of the division of safety services of the department of motor vehicles and public safety;
(c) The division of industrial relations of the department of business and industry;
(d) The division of environmental protection of the state department of conservation and natural resources;
(e) The Nevada highway patrol division of the department of motor vehicles and public safety;
(f) The state fire marshal office of the division of safety services of the department of motor vehicles and public safety;
(g) The state emergency response commission or a local emergency planning committee appointed by the commission;
(h) A local fire department; or
(i) A local agency for law enforcement.
Sec. 42 Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, "office" means the state fire marshal office of the division of safety services of the department of motor vehicles and public safety.
Sec. 43 NRS 477.010 is hereby amended to read as follows:
477.010 1. The state fire marshal [division] office is hereby established in the division of safety services of the department of motor vehicles and public safety.
2. The [division] office consists of the state fire marshal, the fire protection and control section, the fire investigation section, the public education section, the fire service training section and the fire data section.
Sec. 44 NRS 477.013 is hereby amended to read as follows:
477.013 1. The director of the department of motor vehicles and public safety shall consult the state board of fire services and appoint the state fire marshal from the list of candidates presented by the board. The [chief] administrator of the state fire marshal [division] office is the state fire marshal.
2. The [state fire marshal] director of the department of motor vehicles and public safety may appoint, within the limits of legislative appropriations, an assistant, deputies and such staff as is necessary to the performance of [his duties.] the duties of the state fire marshal.
3. The assistant, deputies and additional personnel appointed [by the state fire marshal] pursuant to subsection 2 are in the classified service of the state.
Sec. 45 NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of combustibles, flammables and fireworks.
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, "public assembly" means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. [§§ 278f and 278g,] § 278f, and receive and distribute money allocated by the United States pursuant to that act.
6. Except as otherwise provided in subsection [10,] 11, the state fire marshal shall:
(a) Investigate any fire which occurs in a county whose population is less than 35,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal may request the assistance of the investigation division of the department of motor vehicles and public safety to assist him in conducting criminal investigations to carry out his duties pursuant to this section.
8. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.
[8.] 9. The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
[9.] 10. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
on request or as he deems necessary.
[10.] 11. In a county whose population is less than 35,000, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government's personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.
Sec. 46 NRS 477.031 is hereby amended to read as follows:
477.031 The state fire marshal shall by regulation adopt a schedule of fees for the services and regulatory activities performed by the state fire marshal [division] office pursuant to the provisions of this chapter. The fees must:
1. Approximate the cost of those services and activities.
2. Be deposited with the state treasurer for credit to the appropriate account of the state fire marshal [division.] office.
3. Be used to carry out the provisions of this chapter.
Sec. 47 NRS 477.075 is hereby amended to read as follows:
477.075 1. The fire service standards and training committee, consisting of seven voting members and one nonvoting member, is hereby created.
2. The committee consists of the chairman of the state board of fire services, who is an ex officio member of the committee, one member appointed by the state fire marshal, and six members appointed by the governor as follows:
(a) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a full-time, paid fire department who have experience in fire service training;
(b) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a volunteer fire department who have experience in fire service training; and
(c) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a combination paid and volunteer fire department who have experience in fire service training.
3. The six members appointed by the governor must be from the following counties:
(a) One member from Clark County;
(b) One member from Washoe County; and
(c) Four members from other counties, except that a majority of the voting members on the committee must not be from one county.
4. The governor shall make the appointments from recommendations submitted by:
(a) The Nevada Fire Chiefs Association Inc.;
(b) The Nevada State Firemens Association;
(c) The Professional Fire Fighters of Nevada;
(d) The Southern Nevada Fire Marshal's Association;
(e) The Southern Nevada Fire Chiefs' Association;
(f) The Northern Nevada Fire Marshal's Association; and
(g) Representatives of fire departments of Washoe County.
5. For the initial terms of the members of the committee, each entity listed in subsection 4 shall submit three recommendations to the governor. After the initial terms, each entity shall submit two recommendations to the governor.
6. The member appointed by the state fire marshal shall serve as secretary to the committee and is a nonvoting member of the committee.
7. The members of the committee shall select a chairman from among their membership.
8. After the initial terms, the term of each appointed member of the committee is 2 years.
9. A vacancy in the committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.
10. Each member of the committee is entitled to receive from the state fire marshal office of the division of safety services of the department of motor vehicles and public safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the work of the committee.
11. The state fire marshal [division] office shall provide the committee with administrative support.
Sec. 48 NRS 616A.140 is hereby amended to read as follows:
616A.140 A member of the Nevada Wing of the Civil Air Patrol who participates:
1. In a mission; or
2. In training,
which has been authorized by the [division] office of emergency [management] support of the division of safety services of the department of motor vehicles and public safety shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the [division] office of emergency [management] support at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of those chapters.
Sec. 49 NRS 414.0315 is hereby repealed.
Sec. 50 1. The administrative regulations adopted by any officer, office or division whose name is changed or whose authority to adopt those regulations is transferred pursuant to the provisions of this act, become the regulations of the officer, office, division or department to whom that authority is transferred.
2. The contracts or other agreements entered into by any officer, office or division whose name is changed or whose authority to enter into those contracts or other agreements is transferred pursuant to the provisions of this act, are binding upon and may be enforced by the officer, office, division or department to whom that authority is transferred.
3. Any action taken by an officer, an office or a division whose name is changed or whose authority to take that action is transferred pursuant to the provisions of this act, remains in effect as if taken by the officer, office, division or department to whom that authority is transferred.
Sec. 51 This act becomes effective:
1. Upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion.
2. On October 1, 1997, for all other purposes.
Sec. 52 The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any reference to an officer, office, division or department or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, office, division, department or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to an officer, office, division or other entity whose name is changed or whose responsibilities are transferred pursuant to this act to refer to the appropriate officer, office, division, department or other entity.
TEXT OF REPEALED SECTION
414.0315 "Chief" defined. "Chief" means the chief of the division of emergency management of the department of motor vehicles and public safety.