(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; transferring the duties of the Nevada highway patrol relating to certain computerized switching systems to the department; providing for the creation of a division of peace officer training within the department and defining its duties; providing for the organization of certain offices within the department and defining their duties; providing that the administrative expenses of the division of peace officer training and such offices are not expenses with respect to the operation of motor vehicles upon any public highway in this state; 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 a new section to read as follows:
The director may establish within the department:
1. An office of information services to provide automated information and telecommunication services to the director and the divisions and offices of the department.
2. An office of traffic safety to promote activities relating to traffic safety, including, but not limited to, programs for bicycle, pedestrian and motorcycle safety.
3. An office of criminal justice assistance to coordinate the application for and the acquisition and distribution of federal grants that are awarded to assist state and local agencies for purposes relating to criminal justice.
4. An office of administrative hearings to:
(a) Conduct administrative hearings in accordance with the provisions of Title 43 of NRS and the regulations adopted pursuant thereto, other than disciplinary hearings relating to the personnel of the department; and
(b) Hold public hearings pursuant to the provisions of chapter 233B of NRS relating to the adoption of regulations.
5. An office of internal affairs to conduct administrative investigations of allegations of misconduct of employees of the department who are required to take the constitutional oath of office.
6. An office of internal audit to:
(a) Conduct audits relating to the finances and programs of the department and the divisions and offices therein; and
(b) Investigate allegations of misconduct of employees of the department who are not required to take the constitutional oath of office.
7. An office of public information to inform, educate and familiarize the residents of this state concerning the functions of and programs offered by the department and the divisions and offices therein.
Sec. 2 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.
(g) A state fire marshal division.
(h) A division of parole and probation.
(i) A capitol police division.
(j) A division of peace officer training.
(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. 3 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) The registration division shall:
(1) 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) 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) 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) 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) 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) 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) 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) The investigation division shall:
(1) 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) Conduct criminal investigations:
(I) 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
(II) 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;
(3) Assist the state fire marshal in conducting criminal investigations for the enforcement of chapter 477 of NRS;
(4) Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124; and
[(3)] (5) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.
(e) 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) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS 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) 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) The capitol police division shall assist the chief of the buildings and grounds division of the department of administration in the enforcement of subsection 1 of NRS 331.140.
(j) The division of peace officer training shall:
(1) Furnish and administer programs for the basic training and continuing education in law enforcement for peace officers; and
(2) Advise and support the peace officer's standards and training committee regarding professional standards for the training and certification of peace officers.
Sec. 4 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 of emergency management, the state fire marshal division, the division of parole and probation , [and] the capitol police division , the division of peace officer training and the office of criminal justice assistance 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 and offices established pursuant to section 1 of this act must be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 5 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;
(c) The state fire marshal division;
(d) The division of parole and probation; [and]
(e) The capitol police division [,] ;
(f) The division of peace officer training;
(g) The office of criminal justice assistance; and
(h) The office of traffic safety,
of the department.
Sec. 6 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, upon the request of the agency, with services relating to the investigation of crimes, including, without limitation, 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. 7 NRS 482.540 is hereby amended to read as follows:
482.5401. 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) Sheriffs of counties and of metropolitan police departments and their deputies; and
(d) Marshals and policemen of cities and towns.
Sec. 8 NRS 176.059 is hereby amended to read as follows:
176.0591. 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. 9 NRS 477.013 is hereby amended to read as follows:
477.0131. 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 of the state fire marshal division 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. 10 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. 11 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 July 1, 1997, for all other purposes.