Senate Bill No. 6–Senator  Rawson

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Government Affairs

 

SUMMARY—Makes various changes relating to emergency management. (BDR 18‑233)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to emergency management; abolishing the Division of Emergency Management of the Department of Public Safety; creating an Office of Emergency Management in the Office of the Governor for the administration and enforcement of provisions relating to the management of emergencies in this state; creating the position of Director of the Office of Emergency Management; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 223 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 10, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 10, inclusive, of this act,

1-5  unless the context otherwise requires, the words and terms defined

1-6  in sections 3 and 4 of this act have the meanings ascribed to them

1-7  in those sections.

1-8  Sec. 3.  “Director” means the Director of the Office of

1-9  Emergency Management appointed pursuant to section 6 of this

1-10  act.

1-11      Sec. 4.  “Emergency management” has the meaning ascribed

1-12  to it in NRS 414.035.

2-1  Sec. 5.  The provisions of NRS 223.085 do not apply to the

2-2  provisions of sections 2 to 10, inclusive, of this act.

2-3  Sec. 6.  1.  The Office of Emergency Management is hereby

2-4  created within the Office of the Governor.

2-5  2.  The Governor shall appoint a Director and shall prescribe

2-6  the terms and conditions of employment for the Director. The

2-7  Director:

2-8  (a) Serves at the pleasure of the Governor; and

2-9  (b) Is in the unclassified service of the State.

2-10      Sec. 7.  The Director shall:

2-11      1.  Employ technical, clerical, stenographic and other

2-12  personnel as may be required, and may make such expenditures

2-13  therefor and for other expenses of his office within the

2-14  appropriation therefor, or from other money made available to

2-15  him for purposes of emergency management, as may be necessary

2-16  to carry out the purposes of this chapter; and

2-17      2.  Perform such other duties as may be required of him

2-18  pursuant to chapter 414 of NRS and other applicable provisions of

2-19  law.

2-20      Sec. 8.  The Office of Emergency Management shall:

2-21      1.  Perform the duties required pursuant to NRS 353.2753 at

2-22  the request of a state agency or local government; and

2-23      2.  Execute, administer and enforce the provisions of chapter

2-24  414 of NRS and perform such duties and exercise such powers as

2-25  may be conferred upon it pursuant to chapter 414 of NRS and

2-26  other applicable provisions of law.

2-27      Sec. 9.  The Office of Emergency Management is the state

2-28  agency for emergency management and the state agency for civil

2-29  defense for the purposes of the compact ratified by the Legislature

2-30  pursuant to NRS 415.010. The Director is the State’s Director of

2-31  Emergency Management and State’s Director of Civil Defense for

2-32  the purposes of that compact.

2-33      Sec. 10.  Money collected or received by the Office of

2-34  Emergency Management must be deposited with the State

2-35  Treasurer for credit to an appropriate account of the Office of

2-36  Emergency Management.

2-37      Sec. 11.  NRS 233F.170 is hereby amended to read as follows:

2-38      233F.170  In the event of any emergency, the Governor may

2-39  direct the [Division] Office of Emergency Management [of the

2-40  Department of Public Safety] created by section 6 of this act to

2-41  assume control over all or part of the state communications system.

2-42      Sec. 12.  Chapter 179A of NRS is hereby amended by adding

2-43  thereto a new section to read as follows:

2-44      “Office of Emergency Management” means the Office of

2-45  Emergency Management created by section 6 of this act.

3-1  Sec. 13.  NRS 179A.010 is hereby amended to read as follows:

3-2  179A.010  As used in this chapter, unless the context otherwise

3-3  requires, the words and terms defined in NRS 179A.020 to

3-4  179A.073, inclusive, and section 12 of this act have the meanings

3-5  ascribed to them in those sections.

3-6  Sec. 14.  NRS 179A.075 is hereby amended to read as follows:

3-7  179A.075  1.  The Central Repository for Nevada Records of

3-8  Criminal History is hereby created within the Nevada Highway

3-9  Patrol Division of the Department.

3-10      2.  Each agency of criminal justice and any other agency

3-11  dealing with crime or delinquency of children shall:

3-12      (a) Collect and maintain records, reports and compilations of

3-13  statistical data required by the Department; and

3-14      (b) Submit the information collected to the Central Repository

3-15  in the manner recommended by the advisory committee and

3-16  approved by the Director of the Department.

3-17      3.  Each agency of criminal justice shall submit the information

3-18  relating to sexual offenses and other records of criminal history that

3-19  it creates or issues, and any information in its possession relating to

3-20  the genetic markers of a biological specimen of a person who is

3-21  convicted of an offense listed in subsection 4 of NRS 176.0913, to

3-22  the Division in the manner prescribed by the Director of the

3-23  Department. The information must be submitted to the Division:

3-24      (a) Through an electronic network;

3-25      (b) On a medium of magnetic storage; or

3-26      (c) In the manner prescribed by the Director of the

3-27  Department,

3-28  within the period prescribed by the Director of the Department. If an

3-29  agency has submitted a record regarding the arrest of a person who

3-30  is later determined by the agency not to be the person who

3-31  committed the particular crime, the agency shall, immediately upon

3-32  making that determination, so notify the Division. The Division

3-33  shall delete all references in the Central Repository relating to that

3-34  particular arrest.

3-35      4.  The Division shall, in the manner prescribed by the Director

3-36  of the Department:

3-37      (a) Collect, maintain and arrange all information submitted to it

3-38  relating to:

3-39          (1) Sexual offenses and other records of criminal history; and

3-40          (2) The genetic markers of a biological specimen of a

3-41  person who is convicted of an offense listed in subsection 4 of

3-42  NRS 176.0913.

3-43      (b) When practicable, use a record of the personal identifying

3-44  information of a subject as the basis for any records maintained

3-45  regarding him.

4-1  (c) Upon request, provide the information that is contained in

4-2  the Central Repository to the State Disaster Identification Team

4-3  of the [Division] Office of Emergency Management . [of the

4-4  Department.]

4-5  5.  The Division may:

4-6  (a) Disseminate any information which is contained in the

4-7  Central Repository to any other agency of criminal justice;

4-8  (b) Enter into cooperative agreements with federal and state

4-9  repositories to facilitate exchanges of information that may be

4-10  disseminated pursuant to paragraph (a); and

4-11      (c) Request of and receive from the Federal Bureau of

4-12  Investigation information on the background and personal history of

4-13  any person whose record of fingerprints the Central Repository

4-14  submits to the Federal Bureau of Investigation and:

4-15          (1) Who has applied to any agency of the State of Nevada or

4-16  any political subdivision thereof for a license which it has the power

4-17  to grant or deny;

4-18          (2) With whom any agency of the State of Nevada or any

4-19  political subdivision thereof intends to enter into a relationship of

4-20  employment or a contract for personal services;

4-21          (3) About whom any agency of the State of Nevada or any

4-22  political subdivision thereof has a legitimate need to have accurate

4-23  personal information for the protection of the agency or the persons

4-24  within its jurisdiction; or

4-25          (4) For whom such information is required to be obtained

4-26  pursuant to NRS 449.179.

4-27      6.  The Central Repository shall:

4-28      (a) Collect and maintain records, reports and compilations of

4-29  statistical data submitted by any agency pursuant to subsection 2.

4-30      (b) Tabulate and analyze all records, reports and compilations of

4-31  statistical data received pursuant to this section.

4-32      (c) Disseminate to federal agencies engaged in the collection of

4-33  statistical data relating to crime information which is contained in

4-34  the Central Repository.

4-35      (d) Investigate the criminal history of any person who:

4-36          (1) Has applied to the Superintendent of Public Instruction

4-37  for a license;

4-38          (2) Has applied to a county school district for employment;

4-39  or

4-40          (3) Is employed by a county school district,

4-41  and notify the superintendent of each county school district and the

4-42  Superintendent of Public Instruction if the investigation of the

4-43  Central Repository indicates that the person has been convicted of a

4-44  violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395,

4-45  or convicted of a felony or any offense involving moral turpitude.

5-1  (e) Upon discovery, notify the superintendent of each county

5-2  school district by providing him with a list of all persons:

5-3       (1) Investigated pursuant to paragraph (d); or

5-4       (2) Employed by a county school district whose

5-5  fingerprints were sent previously to the Central Repository for

5-6  investigation,

5-7  who the Central Repository’s records indicate have been convicted

5-8  of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

5-9  453.3395, or convicted of a felony or any offense involving moral

5-10  turpitude since the Central Repository’s initial investigation. The

5-11  superintendent of each county school district shall determine

5-12  whether further investigation or action by the district is appropriate.

5-13      (f) Investigate the criminal history of each person who submits

5-14  fingerprints or has his fingerprints submitted pursuant to NRS

5-15  449.176 or 449.179.

5-16      (g) On or before July 1 of each year, prepare and present to the

5-17  Governor a printed annual report containing the statistical data

5-18  relating to crime received during the preceding calendar year.

5-19  Additional reports may be presented to the Governor throughout the

5-20  year regarding specific areas of crime if they are recommended by

5-21  the advisory committee and approved by the Director of the

5-22  Department.

5-23      (h) On or before July 1 of each year, prepare and submit to the

5-24  Director of the Legislative Counsel Bureau, for submission to the

5-25  Legislature, or the Legislative Commission when the Legislature is

5-26  not in regular session, a report containing statistical data about

5-27  domestic violence in this state.

5-28      (i) Identify and review the collection and processing of

5-29  statistical data relating to criminal justice and the delinquency of

5-30  children by any agency identified in subsection 2, and make

5-31  recommendations for any necessary changes in the manner of

5-32  collecting and processing statistical data by any such agency.

5-33      7.  The Central Repository may:

5-34      (a) At the recommendation of the advisory committee and in the

5-35  manner prescribed by the Director of the Department, disseminate

5-36  compilations of statistical data and publish statistical reports relating

5-37  to crime or the delinquency of children.

5-38      (b) Charge a reasonable fee for any publication or special report

5-39  it distributes relating to data collected pursuant to this section. The

5-40  Central Repository may not collect such a fee from an agency of

5-41  criminal justice, any other agency dealing with crime or the

5-42  delinquency of children which is required to submit information

5-43  pursuant to subsection 2 or the State Disaster Identification Team

5-44  of the [Division] Office of Emergency Management . [of the

6-1  Department.] All money collected pursuant to this paragraph must

6-2  be used to pay for the cost of operating the Central Repository.

6-3  (c) In the manner prescribed by the Director of the Department,

6-4  use electronic means to receive and disseminate information

6-5  contained in the Central Repository that it is authorized to

6-6  disseminate pursuant to the provisions of this chapter.

6-7  8.  As used in this section:

6-8  (a) “Advisory committee” means the committee established by

6-9  the Director of the Department pursuant to NRS 179A.078.

6-10      (b) “Personal identifying information” means any information

6-11  designed, commonly used or capable of being used, alone or in

6-12  conjunction with any other information, to identify a person,

6-13  including, without limitation:

6-14          (1) The name, driver’s license number, social security

6-15  number, date of birth and photograph or computer generated image

6-16  of a person; and

6-17          (2) The fingerprints, voiceprint, retina image and iris image

6-18  of a person.

6-19      Sec. 15.  NRS 179A.100 is hereby amended to read as follows:

6-20      179A.100  1.  The following records of criminal history may

6-21  be disseminated by an agency of criminal justice without any

6-22  restriction pursuant to this chapter:

6-23      (a) Any which reflect records of conviction only; and

6-24      (b) Any which pertain to an incident for which a person is

6-25  currently within the system of criminal justice, including parole or

6-26  probation.

6-27      2.  Without any restriction pursuant to this chapter, a record of

6-28  criminal history or the absence of such a record may be:

6-29      (a) Disclosed among agencies which maintain a system for the

6-30  mutual exchange of criminal records.

6-31      (b) Furnished by one agency to another to administer the system

6-32  of criminal justice, including the furnishing of information by a

6-33  police department to a district attorney.

6-34      (c) Reported to the Central Repository.

6-35      3.  An agency of criminal justice shall disseminate to a

6-36  prospective employer, upon request, records of criminal history

6-37  concerning a prospective employee or volunteer which:

6-38      (a) Reflect convictions only; or

6-39      (b) Pertain to an incident for which the prospective employee or

6-40  volunteer is currently within the system of criminal justice,

6-41  including parole or probation.

6-42      4.  The Central Repository shall disseminate to a prospective or

6-43  current employer, upon request, information relating to sexual

6-44  offenses concerning an employee, prospective employee, volunteer

7-1  or prospective volunteer who gives his written consent to the release

7-2  of that information.

7-3  5.  Records of criminal history must be disseminated by an

7-4  agency of criminal justice upon request, to the following persons or

7-5  governmental entities:

7-6  (a) The person who is the subject of the record of criminal

7-7  history for the purposes of NRS 179A.150.

7-8  (b) The person who is the subject of the record of criminal

7-9  history or his attorney of record when the subject is a party in a

7-10  judicial, administrative, licensing, disciplinary or other proceeding

7-11  to which the information is relevant.

7-12      (c) The State Gaming Control Board.

7-13      (d) The State Board of Nursing.

7-14      (e) The Private Investigator’s Licensing Board to investigate an

7-15  applicant for a license.

7-16      (f) A public administrator to carry out his duties as prescribed in

7-17  chapter 253 of NRS.

7-18      (g) A public guardian to investigate a ward or proposed ward or

7-19  persons who may have knowledge of assets belonging to a ward or

7-20  proposed ward.

7-21      (h) Any agency of criminal justice of the United States or of

7-22  another state or the District of Columbia.

7-23      (i) Any public utility subject to the jurisdiction of the Public

7-24  Utilities Commission of Nevada when the information is necessary

7-25  to conduct a security investigation of an employee or prospective

7-26  employee, or to protect the public health, safety or welfare.

7-27      (j) Persons and agencies authorized by statute, ordinance,

7-28  executive order, court rule, court decision or court order as

7-29  construed by appropriate state or local officers or agencies.

7-30      (k) Any person or governmental entity which has entered into a

7-31  contract to provide services to an agency of criminal justice relating

7-32  to the administration of criminal justice, if authorized by the

7-33  contract, and if the contract also specifies that the information will

7-34  be used only for stated purposes and that it will be otherwise

7-35  confidential in accordance with state and federal law and regulation.

7-36      (l) Any reporter for the electronic or printed media in his

7-37  professional capacity for communication to the public.

7-38      (m) Prospective employers if the person who is the subject of

7-39  the information has given written consent to the release of that

7-40  information by the agency which maintains it.

7-41      (n) For the express purpose of research, evaluative or statistical

7-42  programs pursuant to an agreement with an agency of criminal

7-43  justice.

7-44      (o) An agency which provides child welfare services, as defined

7-45  in NRS 432B.030.

8-1  (p) The Welfare Division of the Department of Human

8-2  Resources or its designated representative.

8-3  (q) An agency of this or any other state or the Federal

8-4  Government that is conducting activities pursuant to Part D of Title

8-5  IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.

8-6  (r) The State Disaster Identification Team of the [Division]

8-7  Office of Emergency Management . [of the Department.]

8-8  (s) The Commissioner of Insurance.

8-9  6.  Agencies of criminal justice in this state which receive

8-10  information from sources outside this state concerning transactions

8-11  involving criminal justice which occur outside Nevada shall treat the

8-12  information as confidentially as is required by the provisions of this

8-13  chapter.

8-14      Sec. 16.  NRS 179A.140 is hereby amended to read as follows:

8-15      179A.140  1.  An agency of criminal justice may charge a

8-16  reasonable fee for information relating to sexual offenses or other

8-17  records of criminal history furnished to any person or governmental

8-18  entity except another agency of criminal justice and the State

8-19  Disaster Identification Team of the [Division] Office of Emergency

8-20  Management . [of the Department.] The Central Repository shall not

8-21  charge such a fee for information relating to a person regarding

8-22  whom the Central Repository furnished a similar report within the

8-23  immediately preceding 6 months in conjunction with the application

8-24  by that person for professional licensure.

8-25      2.  All money received or collected by the Department pursuant

8-26  to this section must be used to defray the cost of operating the

8-27  Central Repository.

8-28      Sec. 17.  NRS 281.149 is hereby amended to read as follows:

8-29      281.149  1.  Any public officer or employee of the State or any

8-30  agency thereof, or of a political subdivision or an agency of a

8-31  political subdivision, who is an emergency communications

8-32  technician must be relieved from his duties, upon the request of the

8-33  [Division] Office of Emergency Management [of the Department of

8-34  Public Safety] created by section 6 of this act or a local

8-35  organization for emergency management and the approval of his

8-36  employer, to assist the [Division] Office of Emergency

8-37  Management or local organization for emergency management

8-38  during a disaster or emergency that occurs in this state, California,

8-39  Oregon, Idaho, Utah or Arizona, without loss of his regular

8-40  compensation for a period of not more than 15 working days in any

8-41  calendar year. No such absence may be a part of the annual vacation

8-42  of the public officer or employee which is provided for by law.

8-43      2.  As used in this section:

8-44      (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

9-1  (b) “Emergency” has the meaning ascribed to it in

9-2  NRS 414.0345.

9-3  (c) “Emergency communications technician” means a person

9-4  who is:

9-5       (1) Licensed by the Federal Communications Commission as

9-6  an amateur radio operator; and

9-7       (2) A member of:

9-8           (I) The Radio Amateur Civil Emergency Service or a

9-9  successor organization sponsored by the agency of the Federal

9-10  Government for emergency management; or

9-11              (II) The Amateur Radio Emergency Service or a

9-12  successor organization sponsored by the American Radio Relay

9-13  League or its successor.

9-14      (d) “Local organization for emergency management” has the

9-15  meaning ascribed to it in NRS 414.036.

9-16      Sec. 18.  NRS 289.010 is hereby amended to read as follows:

9-17      289.010  As used in this chapter, unless the context otherwise

9-18  requires:

9-19      1.  “Choke hold” means the holding of a person’s neck in a

9-20  manner specifically intended to restrict the flow of oxygen or blood

9-21  to the person’s lungs or brain. The term includes the arm-bar

9-22  restraint, carotid restraint and lateral vascular neck restraint.

9-23      2.  “Office of Emergency Management” means the Office of

9-24  Emergency Management created by section 6 of this act.

9-25      3.  “Peace officer” means any person upon whom some or all of

9-26  the powers of a peace officer are conferred pursuant to NRS

9-27  289.150 to 289.360, inclusive.

9-28      [3.] 4. “Punitive action” means any action which may lead to

9-29  dismissal, demotion, suspension, reduction in salary, written

9-30  reprimand or transfer of a peace officer for purposes of punishment.

9-31      Sec. 19.  NRS 289.270 is hereby amended to read as follows:

9-32      289.270  1.  The following persons have the powers of a peace

9-33  officer:

9-34      (a) The Director of the Department of Public Safety.

9-35      (b) The chiefs of the divisions of the Department of Public

9-36  Safety.

9-37      (c) The deputy directors of the Department of Public Safety

9-38  employed pursuant to NRS 480.120.

9-39      (d) The investigators and agents of the Investigation Division of

9-40  the Department of Public Safety and any other officer or employee

9-41  of that Division whose principal duty is to enforce one or more laws

9-42  of this state, and any person promoted from such a duty to a

9-43  supervisory position related to such a duty.

10-1      (e) The personnel of the Capitol Police Division of the

10-2  Department of Public Safety appointed pursuant to subsection 2 of

10-3  NRS 331.140.

10-4      2.  The personnel of the Nevada Highway Patrol appointed

10-5  pursuant to subsection 2 of NRS 480.330 have the powers of a peace

10-6  officer specified in NRS 480.330 and 480.360.

10-7      3.  Administrators and investigators of the Division of

10-8  Compliance Enforcement of the Department of Motor Vehicles have

10-9  the powers of a peace officer to enforce any law of the State of

10-10  Nevada in carrying out their duties pursuant to NRS 481.048.

10-11     4.  Officers and investigators of the Section for the Control of

10-12  Emissions From Vehicles of the Department of Motor Vehicles,

10-13  appointed pursuant to NRS 481.0481, have the powers of peace

10-14  officers in carrying out their duties under that section.

10-15     5.  Members of the State Disaster Identification Team of the

10-16  [Division] Office of Emergency Management [of the Department of

10-17  Public Safety] who are, pursuant to NRS 414.270, activated by

10-18  the [Chief] Director of the [Division] Office of Emergency

10-19  Management to perform the duties of the State Disaster

10-20  Identification Team have the powers of peace officers in carrying

10-21  out those duties.

10-22     Sec. 20.  NRS 289.550 is hereby amended to read as follows:

10-23     289.550  1.  Except as otherwise provided in subsection 2, a

10-24  person upon whom some or all of the powers of a peace officer are

10-25  conferred pursuant to NRS 289.150 to 289.360, inclusive, must be

10-26  certified by the Commission within 1 year after the date on which

10-27  the person commences employment as a peace officer unless the

10-28  Commission, for good cause shown, grants in writing an extension

10-29  of time, which must not exceed 6 months, by which the person must

10-30  become certified. A person who fails to become certified within the

10-31  required time shall not exercise any of the powers of a peace officer

10-32  after the time for becoming certified has expired.

10-33     2.  The following persons are not required to be certified by the

10-34  Commission:

10-35     (a) The Chief Parole and Probation Officer;

10-36     (b) The Director of the Department of Corrections;

10-37     (c) The State Fire Marshal;

10-38     (d) The Director of the Department of Public Safety, the deputy

10-39  directors of the Department, the chiefs of the divisions of the

10-40  Department other than the Investigation Division ; [, and the

10-41  members of the State Disaster Identification Team of the Division of

10-42  Emergency Management of the Department;]

10-43     (e) The Commissioner of Insurance and his Chief Deputy;

10-44     (f) The members of the State Disaster Identification Team of

10-45  the Office of Emergency Management;

11-1      (g) Railroad policemen; and

11-2      [(g)] (h) California correctional officers.

11-3      Sec. 21.  Chapter 353 of NRS is hereby amended by adding

11-4  thereto a new section to read as follows:

11-5      “Office of Emergency Management” means the Office of

11-6  Emergency Management created by section 6 of this act.

11-7      Sec. 22.  NRS 353.2705 is hereby amended to read as follows:

11-8      353.2705  As used in NRS 353.2705 to 353.2771, inclusive,

11-9  and section 21 of this act, unless the context otherwise requires, the

11-10  words and terms defined in NRS 353.271 to 353.2731, inclusive,

11-11  and section 21 of this act have the meanings ascribed to them in

11-12  those sections.

11-13     Sec. 23.  NRS 353.271 is hereby amended to read as follows:

11-14     353.271  “Disaster” means a fire, flood, earthquake, drought,

11-15  explosion, civil disturbance, crisis involving violence on school

11-16  property, at a school activity or on a school bus, or any other

11-17  occurrence or threatened occurrence that, regardless of cause:

11-18     1.  Results in, or may result in, widespread or severe damage to

11-19  property or injury to or the death of persons in this state; and

11-20     2.  As determined by:

11-21     (a) The Governor; or

11-22     (b) The governing body of a local government pursuant to NRS

11-23  414.090 and the [Division] Office of Emergency Management

11-24  pursuant to NRS 353.2753,

11-25  requires immediate action to protect the health, safety and welfare of

11-26  the residents of this state.

11-27     Sec. 24.  NRS 353.2735 is hereby amended to read as follows:

11-28     353.2735  1.  The Disaster Relief Fund is hereby created as a

11-29  special revenue fund. The Interim Finance Committee shall

11-30  administer the Fund.

11-31     2.  The [Division] Office of Emergency Management may

11-32  accept grants, gifts or donations for deposit in the Fund. Except as

11-33  otherwise provided in subsection 3, money received from:

11-34     (a) A direct legislative appropriation to the Fund;

11-35     (b) A transfer of one-half of the interest earned on money in the

11-36  Fund to Stabilize the Operation of State Government made pursuant

11-37  to NRS 353.288; and

11-38     (c) A grant, gift or donation to the Fund,

11-39  must be deposited in the Fund. Except as otherwise provided in

11-40  NRS 414.135, the interest and income earned on the money in the

11-41  Fund must, after deducting any applicable charges, be credited to

11-42  the Fund.

11-43     3.  If, at the end of each quarter of a fiscal year, the balance in

11-44  the Fund exceeds 0.75 percent of the total amount of all

11-45  appropriations from the State General Fund for the operation of all

12-1  departments, institutions and agencies of State Government and

12-2  authorized expenditures from the State General Fund for the

12-3  regulation of gaming for that fiscal year, the State Controller shall

12-4  not, until the balance in the Fund is 0.75 percent or less of that

12-5  amount, transfer any interest earned on money in the Fund to

12-6  Stabilize the Operation of State Government from the State General

12-7  Fund to the Fund pursuant to the provisions of NRS 353.288.

12-8      4.  Money in the Fund may be distributed through grants and

12-9  loans to state agencies and local governments as provided in NRS

12-10  353.2705 to 353.2771, inclusive[.] , and section 21 of this act.

12-11  Except as otherwise provided in NRS 353.276, such grants will be

12-12  disbursed on the basis of reimbursement of costs authorized

12-13  pursuant to NRS 353.274 and 353.2745.

12-14     5.  If the Governor declares a disaster, the State Board of

12-15  Examiners shall estimate:

12-16     (a) The money in the Fund that is available for grants and loans

12-17  for the disaster pursuant to the provisions of NRS 353.2705 to

12-18  353.2771, inclusive[;] , and section 21 of this act; and

12-19     (b) The anticipated amount of those grants and loans for the

12-20  disaster.

12-21  Except as otherwise provided in this subsection, if the anticipated

12-22  amount determined pursuant to paragraph (b) exceeds the available

12-23  money in the Fund for such grants and loans, all grants and loans

12-24  from the Fund for the disaster must be reduced in the same

12-25  proportion that the anticipated amount of the grants and loans

12-26  exceeds the money in the Fund that is available for grants and loans

12-27  for the disaster. If the reduction of a grant or loan from the Fund

12-28  would result in a reduction in the amount of money that may be

12-29  received by a state agency or local government from the Federal

12-30  Government, the reduction in the grant or loan must not be made.

12-31     Sec. 25.  NRS 353.2753 is hereby amended to read as follows:

12-32     353.2753  1.  A state agency or local government may request

12-33  that the [division to] Office of Emergency Management conduct a

12-34  preliminary assessment of the damages related to an event for which

12-35  the state agency or local government seeks a grant or loan from the

12-36  Fund.

12-37     2.  Upon receipt of such a request, the [Division] Office of

12-38  Emergency Management shall investigate the event or cause the

12-39  event to be investigated to make a preliminary assessment of the

12-40  damages related to the event and shall make or cause to be made a

12-41  written report of the damages related to the event.

12-42     3.  As soon as practicable after completion of the investigation

12-43  and preparation of the report of damages, the [Division] Office of

12-44  Emergency Management shall:

13-1      (a) Determine whether the event constitutes a disaster for which

13-2  the state agency or local government may seek a grant or loan from

13-3  the Fund; and

13-4      (b) Submit the report prepared pursuant to this section and its

13-5  written determination regarding whether the event constitutes a

13-6  disaster to the state agency or local government.

13-7      4.  The [Division] Office of Emergency Management shall

13-8  prescribe by regulation the information that must be included in a

13-9  report of damages, including, without limitation, a description of the

13-10  damage caused by the event, an estimate of the costs to repair such

13-11  damage and a specification of whether the purpose of the project is

13-12  for repair or replacement, emergency response or mitigation.

13-13     Sec. 26.  NRS 353.2754 is hereby amended to read as follows:

13-14     353.2754  A local government may request a grant or loan from

13-15  the Fund if:

13-16     1.  Pursuant to NRS 414.090, the governing body of the local

13-17  government determines that an event which has occurred constitutes

13-18  a disaster; and

13-19     2.  After the [Division] Office of Emergency Management

13-20  conducts a preliminary assessment of the damages pursuant to NRS

13-21  353.2753, the [Division] Office of Emergency Management

13-22  determines that an event has occurred that constitutes a disaster.

13-23     Sec. 27.  NRS 353.2755 is hereby amended to read as follows:

13-24     353.2755  1.  A state agency or local government may submit

13-25  a request to the State Board of Examiners for a grant or loan from

13-26  the Fund as provided in NRS 353.2705 to 353.2771, inclusive, and

13-27  section 21 of this act  if:

13-28     (a) The agency or local government finds that, because of a

13-29  disaster, it is unable to pay for an expense or grant match specified

13-30  in NRS 353.274, 353.2745 or 353.2751 from money appropriated or

13-31  otherwise available to the agency or local government;

13-32     (b) The request has been approved by the chief administrative

13-33  officer of the state agency or the governing body of the local

13-34  government; and

13-35     (c) If the requester is an incorporated city, the city has requested

13-36  financial assistance from the county and was denied all or a portion

13-37  of the requested assistance.

13-38     2.  A request for a grant or loan submitted pursuant to

13-39  subsection 1 must be made within 60 days after the disaster and

13-40  must include:

13-41     (a) A statement setting forth the amount of money requested by

13-42  the state agency or local government;

13-43     (b) An assessment of the need of the state agency or local

13-44  government for the money requested;

14-1      (c) If the request is submitted by a local government that has

14-2  established a fund pursuant to NRS 354.6115 to mitigate the effects

14-3  of a natural disaster, a statement of the amount of money that is

14-4  available in that fund, if any, for the payment of expenses incurred

14-5  by the local government as a result of a disaster;

14-6      (d) A determination of the type, value and amount of resources

14-7  the state agency or local government may be required to provide as

14-8  a condition for the receipt of a grant or loan from the Fund;

14-9      (e) A written report of damages prepared by the [Division]

14-10  Office of Emergency Management and the written determination

14-11  made by the [Division] Office of Emergency Management that the

14-12  event constitutes a disaster pursuant to NRS 353.2753; and

14-13     (f) If the requester is an incorporated city, all documents which

14-14  relate to a request for assistance submitted to the board of county

14-15  commissioners of the county in which the city is located.

14-16  Any additional documentation relating to the request that is

14-17  requested by the State Board of Examiners must be submitted within

14-18  6 months after the disaster unless the State Board of Examiners and

14-19  the Interim Finance Committee [grants] grant an extension.

14-20     3.  Upon the receipt of a complete request for a grant or loan

14-21  submitted pursuant to subsection 1, the State Board of Examiners:

14-22     (a) Shall consider the request; and

14-23     (b) May require any additional information that it determines is

14-24  necessary to make a recommendation.

14-25     4.  If the State Board of Examiners finds that a grant or loan is

14-26  appropriate, it shall include in its recommendation to the Interim

14-27  Finance Committee the proposed amount of the grant or loan. If the

14-28  State Board of Examiners recommends a grant, it shall include a

14-29  recommendation regarding whether or not the state agency or local

14-30  government requires an advance to avoid severe financial hardship.

14-31  If the State Board of Examiners recommends a loan for a local

14-32  government, it shall include the information required pursuant to

14-33  subsection 1 of NRS 353.2765. If the State Board of Examiners

14-34  finds that a grant or loan is not appropriate, it shall include in its

14-35  recommendation the reason for its determination.

14-36     5. The provisions of this section do not prohibit a state agency

14-37  or local government from submitting more than one request for a

14-38  grant or loan from the Fund.

14-39     6.  As used in this section, the term “natural disaster” has the

14-40  meaning ascribed to it in NRS 354.6115.

14-41     Sec. 28.  Chapter 392 of NRS is hereby amended by adding

14-42  thereto a new section to read as follows:

14-43     “Office of Emergency Management” means the Office of

14-44  Emergency Management created by section 6 of this act.

 

15-1      Sec. 29.  NRS 392.600 is hereby amended to read as follows:

15-2      392.600  As used in NRS 392.600 to 392.656, inclusive, and

15-3  section 28 of this act, unless the context otherwise requires, the

15-4  words and terms defined in NRS 392.604, 392.608 and 392.612 and

15-5  section 28 of this act have the meanings ascribed to them in those

15-6  sections.

15-7      Sec. 30.  NRS 392.624 is hereby amended to read as follows:

15-8      392.624  1.  Each development committee shall, at least once

15-9  each year, review and update as appropriate the plan that it

15-10  developed pursuant to NRS 392.620, and provide an updated copy

15-11  of the plan to the board of trustees of the school district that

15-12  established the committee or the governing body of the charter

15-13  school that established the committee.

15-14     2.  The board of trustees of each school district and the

15-15  governing body of each charter school shall:

15-16     (a) Post a notice of the completion of each review and update

15-17  that its development committee performs pursuant to subsection 1 at

15-18  each school in its school district or at its charter school;

15-19     (b) Post a copy of NRS 392.600 to 392.656, inclusive, and

15-20  section 28 of this act at each school in its school district or at its

15-21  charter school;

15-22     (c) Retain a copy of each plan developed pursuant to NRS

15-23  392.620, each plan updated pursuant to subsection 1 and each

15-24  deviation approved pursuant to NRS 392.636;

15-25     (d) Provide a copy of each plan developed pursuant to NRS

15-26  392.620 and each plan updated pursuant to subsection 1 to:

15-27         (1) The State Board;

15-28         (2) Each local law enforcement agency in the county in

15-29  which the school district or charter school is located; and

15-30         (3) The [Division] Office of Emergency Management ; [of

15-31  the Department of Public Safety;]

15-32     (e) Upon request, provide a copy of each plan developed

15-33  pursuant to NRS 392.620 and each plan updated pursuant to

15-34  subsection 1 to a local agency that is included in the plan and to an

15-35  employee of a school who is included in the plan;

15-36     (f) Upon request, provide a copy of each deviation approved

15-37  pursuant to NRS 392.636 to:

15-38         (1) The State Board;

15-39         (2) A local law enforcement agency in the county in which

15-40  the school district or charter school is located;

15-41         (3) The [Division] Office of Emergency Management ; [of

15-42  the Department of Public Safety;]

15-43         (4) A local agency that is included in the plan; and

15-44         (5) An employee of a school who is included in the plan; and

16-1      (g) At least once each year, provide training in responding to a

16-2  crisis to each employee of the school district or of the charter

16-3  school, including, without limitation, training concerning drills for

16-4  evacuating and securing schools.

16-5      3.  The board of trustees of each school district and the

16-6  governing body of each charter school may apply for and accept

16-7  gifts, grants and contributions from any public or private source to

16-8  carry out the provisions of NRS 392.600 to 392.656, inclusive[.] ,

16-9  and section 28 of this act.

16-10     Sec. 31.  NRS 392.640 is hereby amended to read as follows:

16-11     392.640  1.  The State Board shall, with assistance from other

16-12  state agencies, including, without limitation, the [Division] Office of

16-13  Emergency Management, the Investigation Division[,] of the

16-14  Department of Public Safety and the Nevada Highway Patrol of the

16-15  Department of Public Safety, develop a plan for the management of

16-16  a crisis that involves a public school, including, without limitation, a

16-17  charter school, or a private school and that requires immediate

16-18  action. The plan must include, without limitation, a procedure for

16-19  coordinating the resources of local, state and federal agencies,

16-20  officers and employees, as appropriate. In developing the plan, the

16-21  State Board shall consider the plans to respond to crises developed

16-22  pursuant to NRS 392.620 and 394.1687 and updated pursuant to

16-23  NRS 392.624 and 394.1688.

16-24     2.  The State Board may disseminate to any appropriate local,

16-25  state or federal agency, officer or employee, as the State Board

16-26  determines is necessary:

16-27     (a) The plan developed by the State Board pursuant to

16-28  subsection 1;

16-29     (b) A plan developed pursuant to NRS 392.620 or updated

16-30  pursuant to NRS 392.624;

16-31     (c) A plan developed pursuant to NRS 394.1687 or updated

16-32  pursuant to NRS 394.1688; and

16-33     (d) A deviation approved pursuant to NRS 392.636 or 394.1692.

16-34     Sec. 32.  NRS 392.648 is hereby amended to read as follows:

16-35     392.648  1.  If a crisis that requires immediate action occurs at

16-36  a public school, including, without limitation, a charter school, the

16-37  principal of the school involved, or his designated representative,

16-38  shall, in accordance with the plan to respond to a crisis developed

16-39  for the school pursuant to NRS 392.620 and in accordance with any

16-40  deviation approved pursuant to NRS 392.636, contact all

16-41  appropriate local agencies to respond to the crisis.

16-42     2.  If a local agency that is responsible for responding to a crisis

16-43  is contacted pursuant to subsection 1 and the local agency

16-44  determines that the crisis requires assistance from a state agency, the

16-45  local agency may:

17-1      (a) If a local organization for emergency management has been

17-2  established in the city or county in which the local agency that was

17-3  contacted is located, through such local organization for emergency

17-4  management, notify the [Division] Office of Emergency

17-5  Management [of the Department of Public Safety] of the crisis and

17-6  request assistance from the [Division] Office of Emergency

17-7  Management in responding to the crisis; or

17-8      (b) If a local organization for emergency management has not

17-9  been established in the city or county in which the local agency that

17-10  was contacted is located, directly notify the [Division] Office of

17-11  Emergency Management [of the Department of Public Safety] of the

17-12  crisis and request assistance from the [Division] Office of

17-13  Emergency Management in responding to the crisis.

17-14     3.  If the [Division] Office of Emergency Management [of the

17-15  Department of Public Safety] receives notification of a crisis and a

17-16  request for assistance pursuant to subsection 2 and the Governor or

17-17  his designated representative determines that the crisis requires

17-18  assistance from a state agency, the [Division] Office of Emergency

17-19  Management shall carry out its duties set forth in the plan

17-20  developed pursuant to NRS 392.640 and its duties set forth in

17-21  chapter 414 of NRS, including, without limitation, addressing the

17-22  immediate crisis and coordinating the appropriate and available

17-23  local, state and federal resources to provide support services and

17-24  counseling to pupils, teachers, and parents or legal guardians of

17-25  pupils, and providing support for law enforcement agencies, for as

17-26  long as is reasonably necessary.

17-27     Sec. 33.  Chapter 394 of NRS is hereby amended by adding

17-28  thereto a new section to read as follows:

17-29     “Office of Emergency Management” means the Office of

17-30  Emergency Management created by section 6 of this act.

17-31     Sec. 34.  NRS 394.168 is hereby amended to read as follows:

17-32     394.168  As used in NRS 394.168 to 394.1699, inclusive, and

17-33  section 33 of this act, unless the context otherwise requires, the

17-34  words and terms defined in NRS 394.1681, 394.1682 and 394.1683

17-35  and section 33 of this act have the meanings ascribed to them in

17-36  those sections.

17-37     Sec. 35.  NRS 394.1688 is hereby amended to read as follows:

17-38     394.1688  1.  Each development committee shall, at least once

17-39  each year, review and update as appropriate the plan that it

17-40  developed pursuant to NRS 394.1687, and provide an updated copy

17-41  of the plan to the governing body of the school.

17-42     2.  The governing body of each private school shall:

17-43     (a) Post a notice of the completion of each review and update

17-44  that its development committee performs pursuant to subsection 1 at

17-45  the school;

18-1      (b) Post a copy of NRS 392.640 and 394.168 to 394.1699,

18-2  inclusive, and section 33 of this act at the school;

18-3      (c) Retain a copy of each plan developed pursuant to NRS

18-4  394.1687, each plan updated pursuant to subsection 1 and each

18-5  deviation approved pursuant to NRS 394.1692;

18-6      (d) Provide a copy of each plan developed pursuant to NRS

18-7  394.1687 and each plan updated pursuant to subsection 1 to:

18-8          (1) The Board;

18-9          (2) Each local law enforcement agency in the county in

18-10  which the school is located; and

18-11         (3) The [Division] Office of Emergency Management ; [of

18-12  the Department of Public Safety;]

18-13     (e) Upon request, provide a copy of each plan developed

18-14  pursuant to NRS 394.1687 and each plan updated pursuant to

18-15  subsection 1 to a local agency that is included in the plan and to an

18-16  employee of the school who is included in the plan;

18-17     (f) Upon request, provide a copy of each deviation approved

18-18  pursuant to NRS 394.1692 to:

18-19         (1) The Board;

18-20         (2) A local law enforcement agency in the county in which

18-21  the school is located;

18-22         (3) The [Division] Office of Emergency Management ; [of

18-23  the Department of Public Safety;]

18-24         (4) A local agency that is included in the plan; and

18-25         (5) An employee of the school who is included in the plan;

18-26  and

18-27     (g) At least once each year, provide training in responding to a

18-28  crisis to each employee of the school, including, without limitation,

18-29  training concerning drills for evacuating and securing the school.

18-30     Sec. 36.  NRS 394.1696 is hereby amended to read as follows:

18-31     394.1696  1.  If a crisis that requires immediate action occurs

18-32  at a private school, the principal or other person in charge of the

18-33  private school involved, or his designated representative, shall, in

18-34  accordance with the plan to respond to a crisis developed for the

18-35  school pursuant to NRS 394.1687 and in accordance with any

18-36  deviation approved pursuant to NRS 394.1692, contact all

18-37  appropriate local agencies to respond to the crisis.

18-38     2.  If a local agency that is responsible for responding to a crisis

18-39  is contacted pursuant to subsection 1 and the local agency

18-40  determines that the crisis requires assistance from a state agency, the

18-41  local agency may:

18-42     (a) If a local organization for emergency management has been

18-43  established in the city or county in which the local agency that was

18-44  contacted is located, through such local organization for

18-45  emergency management, notify the [Division] Office of Emergency

19-1  Management [of the Department of Public Safety] of the crisis and

19-2  request assistance from the [Division] Office of Emergency

19-3  Management in responding to the crisis; or

19-4      (b) If a local organization for emergency management has not

19-5  been established in the city or county in which the local agency that

19-6  was contacted is located, directly notify the [Division] Office of

19-7  Emergency Management [of the Department of Public Safety] of the

19-8  crisis and request assistance from the [Division] Office of

19-9  Emergency Management in responding to the crisis.

19-10     3.  If the [Division] Office of Emergency Management [of the

19-11  Department of Public Safety] receives notification of a crisis and a

19-12  request for assistance pursuant to subsection 2 and the Governor or

19-13  his designated representative determines that the crisis requires

19-14  assistance from a state agency, the [Division] Office of Emergency

19-15  Management shall carry out its duties set forth in the plan

19-16  developed pursuant to NRS 392.640 and its duties set forth in

19-17  chapter 414 of NRS, including, without limitation, addressing the

19-18  immediate crisis and coordinating the appropriate and available

19-19  local, state and federal resources to provide support services and

19-20  counseling to pupils, teachers, and parents or legal guardians of

19-21  pupils, and providing support for law enforcement agencies, for as

19-22  long as is reasonably necessary.

19-23     Sec. 37.  Chapter 414 of NRS is hereby amended by adding

19-24  thereto the provisions set forth as sections 38 and 39 of this act.

19-25     Sec. 38.  “Director” means the Director of the Office of

19-26  Emergency Management appointed pursuant to section 6 of this

19-27  act.

19-28     Sec. 39.  “Office of Emergency Management” means the

19-29  Office of Emergency Management created by section 6 of this act.

19-30     Sec. 40.  NRS 414.020 is hereby amended to read as follows:

19-31     414.020  1.  Because of the existing and increasing possibility

19-32  of the occurrence of emergencies or disasters of unprecedented size

19-33  and destructiveness resulting from enemy attack, sabotage or other

19-34  hostile action, from a fire, flood, earthquake, storm or other natural

19-35  causes, or from technological or man-made catastrophes, and in

19-36  order to ensure that the preparations of this state will be adequate to

19-37  deal with such emergencies or disasters, and generally to provide for

19-38  the common defense and to protect the public welfare, and to

19-39  preserve the lives and property of the people of the State, it is

19-40  hereby found and declared to be necessary:

19-41     (a) To [create a state agency for emergency management and to]

19-42  authorize the creation of local organizations for emergency

19-43  management in the political subdivisions of the State.

20-1      (b) To confer upon the Governor and upon the executive heads

20-2  or governing bodies of the political subdivisions of the State the

20-3  emergency powers provided in this chapter.

20-4      (c) To assist with the rendering of mutual aid among the

20-5  political subdivisions of the State and with other states and to

20-6  cooperate with the Federal Government with respect to carrying out

20-7  the functions of emergency management.

20-8      2.  It is further declared to be the purpose of this chapter and the

20-9  policy of the State that all functions of emergency management in

20-10  this state be coordinated to the maximum extent with the

20-11  comparable functions of the Federal Government, including its

20-12  various departments and agencies, of other states and localities and

20-13  of private agencies of every type, providing for the most effective

20-14  preparation and use of the nation’s man power, resources and

20-15  facilities for dealing with any emergency or disaster that may occur.

20-16     Sec. 41.  NRS 414.030 is hereby amended to read as follows:

20-17     414.030  As used in this chapter, the words and terms defined

20-18  in NRS 414.031 to 414.038, inclusive, and sections 38 and 39 of

20-19  this act have the meanings ascribed to them in those sections.

20-20     Sec. 42.  NRS 414.040 is hereby amended to read as follows:

20-21     414.040  1.  [A Division of Emergency Management is hereby

20-22  created within the Department of Public Safety. The Chief of the

20-23  Division is appointed by and holds office at the pleasure of the

20-24  Director of the Department of Public Safety. The Division is the

20-25  state agency for emergency management and the state agency for

20-26  civil defense for the purposes of the compact ratified by the

20-27  Legislature pursuant to NRS 415.010. The Chief is the State’s

20-28  Director of Emergency Management and the State’s Director of

20-29  Civil Defense for the purposes of that compact.

20-30     2.  The Chief may employ technical, clerical, stenographic and

20-31  other personnel as may be required, and may make such

20-32  expenditures therefor and for other expenses of his office within the

20-33  appropriation therefor, or from other money made available to him

20-34  for purposes of emergency management, as may be necessary to

20-35  carry out the purposes of this chapter.

20-36     3.  The Chief,] The Director, subject to the direction and

20-37  control of the [Director,] Governor, shall carry out the program for

20-38  emergency management in this state. He shall coordinate the

20-39  activities of all organizations for emergency management within the

20-40  State, maintain liaison with and cooperate with agencies and

20-41  organizations of other states and of the Federal Government for

20-42  emergency management and carry out such additional duties as may

20-43  be prescribed by the [Director.

20-44     4.  The Chief] Governor.

21-1      2.  The Director shall assist in the development of

21-2  comprehensive, coordinated plans for emergency management by

21-3  adopting an integrated process[,] of emergency management, using

21-4  the partnership of governmental entities, business and industry,

21-5  volunteer organizations and other interested persons, for the

21-6  mitigation of, preparation for, response to and recovery from

21-7  emergencies or disasters. In adopting this process, he shall conduct

21-8  activities designed to:

21-9      (a) Eliminate or reduce the probability that an emergency will

21-10  occur or to reduce the effects of unavoidable disasters;

21-11     (b) Prepare state and local governmental agencies, private

21-12  organizations and other persons to be capable of responding

21-13  appropriately if an emergency or disaster occurs by fostering the

21-14  adoption of plans for emergency operations, conducting exercises to

21-15  test those plans, training necessary personnel and acquiring

21-16  necessary resources;

21-17     (c) Test periodically plans for emergency operations to ensure

21-18  that the activities of state and local governmental agencies, private

21-19  organizations and other persons are coordinated;

21-20     (d) Provide assistance to victims, prevent further injury or

21-21  damage to persons or property and increase the effectiveness of

21-22  recovery operations; and

21-23     (e) Restore the operation of vital community life-support

21-24  systems and return persons and property affected by an emergency

21-25  or disaster to a condition that is comparable to or better than what

21-26  existed before the emergency or disaster occurred.

21-27     [5.  The Division shall perform the duties required pursuant to

21-28  NRS 353.2753 at the request of a state agency or local government.]

21-29     Sec. 43.  NRS 414.135 is hereby amended to read as follows:

21-30     414.135  1.  There is hereby created the Emergency Assistance

21-31  Account within the Disaster Relief Fund created pursuant to NRS

21-32  353.2735. Beginning with the fiscal year that begins on July 1,

21-33  1999, the State Controller shall, at the end of each fiscal year,

21-34  transfer the interest earned during the previous fiscal year on the

21-35  money in the Disaster Relief Fund to the Account in an amount not

21-36  to exceed $500,000.

21-37     2.  The [Division] Office of Emergency Management [of the

21-38  Department of Public Safety] shall administer the Account. The

21-39  [Division] Office of Emergency Management may adopt

21-40  regulations authorized by this section before, on or after July 1,

21-41  1999.

21-42     3.  All expenditures from the Account must be approved in

21-43  advance by the [Division.] Office of Emergency Management.

21-44  Except as otherwise provided in subsection 4, all money in the

21-45  Account must be expended solely to:

22-1      (a) Provide supplemental emergency assistance to this state or to

22-2  local governments in this state that are severely and adversely

22-3  affected by a natural, technological or man-made emergency or

22-4  disaster for which available resources of this state or the local

22-5  government are inadequate to provide a satisfactory remedy; and

22-6      (b) Pay any actual expenses incurred by the [Division] Office of

22-7  Emergency Management for administration during a natural,

22-8  technological or man-made emergency or disaster.

22-9      4.  Beginning with the fiscal year that begins on July 1, 1999, if

22-10  any balance remains in the Account at the end of a fiscal year and

22-11  the balance has not otherwise been committed for expenditure, the

22-12  [Division] Office of Emergency Management may, with the

22-13  approval of the Interim Finance Committee, allocate all or any

22-14  portion of the remaining balance, not to exceed $250,000, to this

22-15  state or to a local government to:

22-16     (a) Purchase equipment or supplies required for emergency

22-17  management;

22-18     (b) Provide training to personnel related to emergency

22-19  management; and

22-20     (c) Carry out the provisions of NRS 392.600 to 392.656,

22-21  inclusive[.] , and section 28 of this act.

22-22     5.  Beginning with the fiscal year that begins on July 1, 1999,

22-23  the [Division] Office of Emergency Management shall, at the end

22-24  of each quarter of a fiscal year, submit to the Interim Finance

22-25  Committee a report of the expenditures made from the Account for

22-26  the previous quarter.

22-27     6.  The [Division] Office of Emergency Management shall

22-28  adopt such regulations as are necessary to administer the Account.

22-29     7.  The [Division] Office of Emergency Management may

22-30  adopt regulations to provide for reimbursement of expenditures

22-31  made from the Account. If the [Division] Office of Emergency

22-32  Management requires such reimbursement, the Attorney General

22-33  shall take such action as is necessary to recover the amount of any

22-34  unpaid reimbursement plus interest at a rate determined pursuant to

22-35  NRS 17.130, computed from the date on which the money was

22-36  removed from the Fund, upon request by the [Division.] Office of

22-37  Emergency Management.

22-38     Sec. 44.  NRS 414.170 is hereby amended to read as follows:

22-39     414.170  1.  The Board of Search and Rescue, consisting of 10

22-40  members appointed by the [Chief,] Director is hereby created. The

22-41  [Chief] Director shall appoint:

22-42     (a) One member who is a representative of the Nevada Wing of

22-43  the Civil Air Patrol;

22-44     (b) One member who is a representative of the Nevada National

22-45  Guard;

23-1      (c) Four members who are representatives of the Nevada

23-2  Sheriffs and Chiefs Association or its legal successor;

23-3      (d) One member who is a representative of the Health Division

23-4  of the Department of Human Resources and whose primary

23-5  responsibilities relate to the licensure and certification of persons

23-6  who provide emergency medical services;

23-7      (e) One member who is a representative of the Division of

23-8  Forestry of the State Department of Conservation and Natural

23-9  Resources;

23-10     (f) One member who is a representative of a search and rescue

23-11  organization of a law enforcement agency; and

23-12     (g) One member who is a representative of the Nevada Fire

23-13  [Chiefs’] Chiefs Association or its legal successor. If the association

23-14  ceases to exist and no legal successor is formed, the [Chief]

23-15  Director shall appoint one member who is a fire chief.

23-16     2.  The term of office of each member of the Board is 2 years.

23-17     Sec. 45.  NRS 414.180 is hereby amended to read as follows:

23-18     414.180  The Board shall:

23-19     1.  Meet at the call of the [Chief] Director and at least once

23-20  every 6 months;

23-21     2.  Provide direction and guidance for the Coordinator;

23-22     3.  Formulate policy regarding search and rescue; and

23-23     4.  Carry out the other duties assigned to it in this chapter.

23-24     Sec. 46.  NRS 414.200 is hereby amended to read as follows:

23-25     414.200  The [Chief,] Director, with the advice of the Board,

23-26  shall appoint an employee of the [Division] Office of Emergency

23-27  Management [of the Department of Public Safety] as Coordinator of

23-28  Search and Rescue.

23-29     Sec. 47.  NRS 414.270 is hereby amended to read as follows:

23-30     414.270  A State Disaster Identification Team is hereby

23-31  established within the [Division] Office of Emergency Management

23-32  . [of the Department of Public Safety. The Chief:] The Director:

23-33     1.  Shall assign persons with expertise in various fields to the

23-34  State Disaster Identification Team; and

23-35     2.  May activate such persons to perform the duties of the State

23-36  Disaster Identification Team:

23-37     (a) During a state of emergency or declaration of disaster

23-38  proclaimed pursuant to NRS 414.070; or

23-39     (b) Upon the request of a political subdivision of this state if the

23-40  [Chief] Director determines that the political subdivision requires

23-41  the services of the State Disaster Identification Team.

23-42     Sec. 48.  NRS 414.280 is hereby amended to read as follows:

23-43     414.280  Upon activation, the State Disaster Identification

23-44  Team shall:

24-1      1.  Provide technical assistance and personnel to local

24-2  authorities to recover, identify and process deceased victims.

24-3      2.  Within 2 hours after activation, begin to identify and report

24-4  to the [Chief] Director the need for medical and health services to:

24-5      (a) Establish temporary facilities to be used as a morgue.

24-6      (b) Identify deceased victims by using, without limitation, latent

24-7  fingerprints and the forensic methods of dentistry, pathology and

24-8  anthropology.

24-9      (c) Process and dispose of the remains of deceased victims.

24-10     Sec. 49.  NRS 414.300 is hereby amended to read as follows:

24-11     414.300  The [Department of Public Safety] Director shall

24-12  adopt regulations to govern the State Disaster Identification Team.

24-13  The regulations must include, without limitation:

24-14     1.  Guidelines for the [Chief] Director to:

24-15     (a) Assign persons to positions on the State Disaster

24-16  Identification Team; and

24-17     (b) Determine which members of the State Disaster

24-18  Identification Team may be activated pursuant to NRS 414.270.

24-19     2.  Provisions governing the organization, administration and

24-20  operation of the State Disaster Identification Team.

24-21     3.  The compensation, if any, to be paid by the [Department]

24-22  Office of Emergency Management to a member of the State

24-23  Disaster Identification Team who is activated pursuant to

24-24  NRS 414.270.

24-25     Sec. 50.  NRS 432.170 is hereby amended to read as follows:

24-26     432.170  1.  The Attorney General shall:

24-27     (a) Establish a program to coordinate activities and information

24-28  in this state concerning missing or exploited children; and

24-29     (b) Appoint a Director to administer the provisions of the

24-30  program.

24-31     2.  The Director is in the unclassified service of the State. To

24-32  assist the Director in carrying out the provisions of NRS 432.150 to

24-33  432.220, inclusive, the Attorney General may appoint such

24-34  assistants or investigators as deemed necessary by the Attorney

24-35  General.

24-36     3.  The Director may:

24-37     (a) Assist any public or private school in establishing a program

24-38  of information about missing or exploited children by providing,

24-39  free of charge, materials, publications and instructional aids relating

24-40  to:

24-41         (1) Offenses under federal and state law regarding missing or

24-42  exploited children and the abuse or neglect of children.

24-43         (2) Governmental and private agencies and programs for

24-44  locating and identifying missing or exploited children, preventing

25-1  the abduction or disappearance of children and preventing the abuse

25-2  or neglect of children.

25-3          (3) Methods of preventing the abduction or disappearance of

25-4  children.

25-5          (4) Techniques for the investigation of cases involving

25-6  missing or exploited children.

25-7          (5) Any other issue involving missing or exploited children.

25-8      (b) Develop and maintain a system of information concerning

25-9  missing or exploited children, including information concerning

25-10  public or private resources which may be available to such children

25-11  and their families.

25-12     (c) Accept gifts or donations on behalf of the clearinghouse

25-13  which must be accounted for separately and used by the Director in

25-14  carrying out the provisions of NRS 432.150 to 432.220, inclusive.

25-15     (d) Enter into agreements with regional and national

25-16  organizations for assistance and exchange of information concerning

25-17  missing or exploited children.

25-18     (e) Assist in the investigation of children who are reported

25-19  missing in this state or who are reported abducted or taken from this

25-20  state.

25-21     4.  The Director may provide the materials, publications and

25-22  instructional aids identified in paragraph (a) of subsection 3 to any

25-23  other person or governmental agency for a reasonable fee not to

25-24  exceed the cost of preparing the materials.

25-25     5.  The Director shall, upon request, provide records regarding a

25-26  missing child to the State Disaster Identification Team of the

25-27  [Division] Office of Emergency Management [of the Department of

25-28  Public Safety.] created by section 6 of this act.

25-29     Sec. 51.  Chapter 459 of NRS is hereby amended by adding

25-30  thereto a new section to read as follows:

25-31     “Office of Emergency Management” means the Office of

25-32  Emergency Management created by section 6 of this act.

25-33     Sec. 52.  NRS 459.700 is hereby amended to read as follows:

25-34     459.700  As used in NRS 459.700 to 459.780, inclusive, and

25-35  section 51 of this act, unless the context otherwise requires, the

25-36  words and terms defined in NRS 459.7005 to 459.7032, inclusive,

25-37  and section 51 of this act have the meanings ascribed to them in

25-38  those sections.

25-39     Sec. 53.  NRS 459.742 is hereby amended to read as follows:

25-40     459.742  The Commission, in carrying out its duties and within

25-41  the limits of legislative appropriations and other available money,

25-42  may:

25-43     1.  Enter into contracts, leases or other agreements or

25-44  transactions;

26-1      2.  Provide grants of money to local emergency planning

26-2  committees to improve their ability to respond to emergencies

26-3  involving hazardous materials;

26-4      3.  Assist with the development of comprehensive plans for

26-5  responding to such emergencies in this state;

26-6      4.  Provide technical assistance and administrative support to

26-7  the Telecommunications Unit of the Communication and

26-8  Computing Division of the Department of Information Technology

26-9  for the development of systems for communication during such

26-10  emergencies;

26-11     5.  Provide technical and administrative support and assistance

26-12  for training programs;

26-13     6.  Develop a system to provide public access to data relating to

26-14  hazardous materials;

26-15     7.  Support any activity or program eligible to receive money

26-16  from the Contingency Account for hazardous materials;

26-17     8.  Adopt regulations setting forth the manner in which the

26-18  [Division] Office of Emergency Management [of the Department]

26-19  shall:

26-20     (a) Allocate money received by the [Division] Office of

26-21  Emergency Management which relates to hazardous materials or is

26-22  received pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§

26-23  5101 et seq.; and

26-24     (b) Approve programs developed to address planning for and

26-25  responding to emergencies involving hazardous materials; and

26-26     9.  Coordinate the activities administered by state agencies to

26-27  carry out the provisions of this chapter, 42 U.S.C. §§ 11001 et seq.

26-28  and 49 U.S.C. §§ 5101 et seq.

26-29     Sec. 54.  NRS 459.796 is hereby amended to read as follows:

26-30     459.796  A person is entitled to immunity under subsection 2 of

26-31  NRS 459.792 only if:

26-32     1.  In the case of one furnishing advice or assistance, he is

26-33  qualified by training, education or experience in the handling of

26-34  hazardous materials and provides advice or assistance within the

26-35  area of his qualifications; and

26-36     2.  He was requested to provide the equipment, advice or other

26-37  assistance by:

26-38     (a) The person responsible for the discharge;

26-39     (b) The [Division] Office of Emergency Management ; [of the

26-40  Department of Public Safety;]

26-41     (c) The Division of Industrial Relations of the Department of

26-42  Business and Industry;

26-43     (d) The Division of Environmental Protection of the State

26-44  Department of Conservation and Natural Resources;

27-1      (e) The Nevada Highway Patrol Division of the Department of

27-2  Public Safety;

27-3      (f) The State Fire Marshal Division of the Department of Public

27-4  Safety;

27-5      (g) The State Emergency Response Commission or a local

27-6  emergency planning committee appointed by the Commission;

27-7      (h) A local fire department; or

27-8      (i) A local agency for law enforcement.

27-9      Sec. 55.  NRS 480.110 is hereby amended to read as follows:

27-10     480.110  Except as otherwise provided therein, the Department

27-11  shall execute, administer and enforce, and perform the functions and

27-12  duties provided in:

27-13     1.  Chapters 176A and 213 of NRS relating to parole and

27-14  probation;

27-15     2.  [Chapter 414 of NRS relating to emergency management;

27-16     3.] Chapter 453 of NRS relating to controlled substances and

27-17  chapter 454 of NRS relating to dangerous drugs;

27-18     [4.] 3. Chapter 459 of NRS relating to the transportation of

27-19  hazardous materials; and

27-20     [5.] 4. Chapter 477 of NRS relating to the State Fire Marshal.

27-21     Sec. 56.  NRS 480.130 is hereby amended to read as follows:

27-22     480.130  The Department consists of:

27-23     1.  An Administrative Services Division;

27-24     2.  An Investigation Division;

27-25     3.  A Nevada Highway Patrol Division;

27-26     4.  [A Division of Emergency Management;

27-27     5.] A State Fire Marshal Division;

27-28     [6.] 5. A Division of Parole and Probation;

27-29     [7.] 6. A Capitol Police Division; and

27-30     [8.] 7. A Training Division.

27-31     Sec. 57.  NRS 480.140 is hereby amended to read as follows:

27-32     480.140  The primary functions and responsibilities of the

27-33  divisions of the Department are as follows:

27-34     1.  The Administrative Services Division shall furnish fiscal,

27-35  accounting and other administrative services to the Director and the

27-36  various divisions, and advise and assist the Director and the various

27-37  divisions in carrying out their functions and responsibilities.

27-38     2.  The Investigation Division shall:

27-39     (a) Execute, administer and enforce the provisions of chapter

27-40  453 of NRS relating to controlled substances and chapter 454 of

27-41  NRS relating to dangerous drugs;

27-42     (b) Assist the Secretary of State in carrying out an investigation

27-43  pursuant to NRS 293.124; and

28-1      (c) Perform such duties and exercise such powers as may be

28-2  conferred upon it pursuant to this chapter and any other specific

28-3  statute.

28-4      3.  The Nevada Highway Patrol Division shall, in conjunction

28-5  with the Department of Motor Vehicles, execute, administer and

28-6  enforce the provisions of chapter 484 of NRS and perform such

28-7  duties and exercise such powers as may be conferred upon it

28-8  pursuant to NRS 480.360 and any other specific statute.

28-9      4.  [The Division of Emergency Management shall execute,

28-10  administer and enforce the provisions of chapter 414 of NRS and

28-11  perform such duties and exercise such powers as may be conferred

28-12  upon it pursuant to chapter 414 of NRS and any other specific

28-13  statute.

28-14     5.] The State Fire Marshal Division shall execute, administer

28-15  and enforce the provisions of chapter 477 of NRS and perform such

28-16  duties and exercise such powers as may be conferred upon it

28-17  pursuant to chapter 477 of NRS and any other specific statute.

28-18     [6.] 5. The Division of Parole and Probation shall execute,

28-19  administer and enforce the provisions of chapters 176A and 213 of

28-20  NRS relating to parole and probation and perform such duties and

28-21  exercise such powers as may be conferred upon it pursuant to those

28-22  chapters and any other specific statute.

28-23     [7.] 6. The Capitol Police Division shall assist the Chief of the

28-24  Buildings and Grounds Division of the Department of

28-25  Administration in the enforcement of subsection 1 of NRS 331.140.

28-26     [8.] 7. The Training Division shall provide training to the

28-27  employees of the Department.

28-28     Sec. 58.  NRS 480.170 is hereby amended to read as follows:

28-29     480.170  Money collected or received by[:

28-30     1.  The Division of Emergency Management pursuant to

28-31  chapter 414 of NRS; or

28-32     2.  The] the State Fire Marshal Division pursuant to chapter 477

28-33  of NRS[,]must be deposited with the State Treasurer for credit to

28-34  the appropriate accounts of the respective divisions.

28-35     Sec. 59.  NRS 480.500 is hereby amended to read as follows:

28-36     480.500  1.  When a coroner is unable to establish the identity

28-37  of a dead body by means other than by dental records, he shall have

28-38  a dental examination of the body made by a dentist. The dentist shall

28-39  prepare a record of his findings and forward it to the Investigation

28-40  Division and to the Central Repository for Nevada Records of

28-41  Criminal History.

28-42     2.  Each sheriff, chief of police or other law enforcement

28-43  agency which receives a report of a person missing under suspicious

28-44  circumstances who is 18 years or older shall:

29-1      (a) Transmit to the Investigation Division and to the Central

29-2  Repository for Nevada Records of Criminal History:

29-3          (1) The initial report that contains identifying information

29-4  concerning the missing person within 72 hours after the receipt of

29-5  that report; and

29-6          (2) Any subsequent report concerning the missing person

29-7  within 5 working days after the receipt of that report if the report

29-8  contains additional identifying information concerning the missing

29-9  person;

29-10     (b) Notify immediately such persons and make inquiries

29-11  concerning the missing person as the agency deems necessary; and

29-12     (c) Enter the information concerning the missing person into the

29-13  computer for the National Crime Information Center and the Central

29-14  Repository for Nevada Records of Criminal History, if appropriate.

29-15     3.  The sheriff, chief of police or other law enforcement agency

29-16  shall request the written consent of the next of kin or guardian of a

29-17  person who has been reported to him as missing for 30 days or more

29-18  to obtain certain identifying information about the missing person

29-19  that the National Crime Information Center recommends be

29-20  provided from the appropriate providers of medical care. After

29-21  receiving the written consent, the sheriff, chief of police or other law

29-22  enforcement agency shall obtain the identifying information from

29-23  the providers of medical care and forward that information and any

29-24  other relevant information to the Investigation Division and to the

29-25  Central Repository for Nevada Records of Criminal History for

29-26  comparison with the identifying information that is on file

29-27  concerning unidentified deceased persons. This subsection does not

29-28  prevent the voluntary release of identifying information about the

29-29  missing person by the next of kin or guardian of the missing person

29-30  at any time.

29-31     4.  The next of kin or guardian of the person reported as

29-32  missing shall promptly notify the appropriate law enforcement

29-33  agency when the missing person is found.

29-34     5.  The sheriff, chief of police or other law enforcement agency

29-35  shall inform the Investigation Division, the Central Repository for

29-36  Nevada Records of Criminal History and the National Crime

29-37  Information Center when a missing person has been found.

29-38     6.  The Investigation Division and the Central Repository for

29-39  Nevada Records of Criminal History shall:

29-40     (a) Maintain the records and other information forwarded to

29-41  them pursuant to subsections 1, 2 and 3 [for the purpose of

29-42  comparing] to compare the records and otherwise assisting in the

29-43  identification of dead bodies; and

29-44     (b) Upon request, provide the records and other information that

29-45  are maintained pursuant to this subsection to the State Disaster

30-1  Identification Team of the [Division] Office of Emergency

30-2  Management [of the Department.] created by section 6 of this act.

30-3      Sec. 60.  NRS 616A.140 is hereby amended to read as follows:

30-4      616A.140  A member of the Nevada Wing of the Civil Air

30-5  Patrol who participates:

30-6      1.  In a mission; or

30-7      2.  In training,

30-8  which has been authorized by the [Division] Office of Emergency

30-9  Management [of the Department of Public Safety] created by

30-10  section 6 of this act shall be deemed for the purposes of chapters

30-11  616A to 616D, inclusive, of NRS to be an employee of the

30-12  [Division] Office of Emergency Management at the wage of $600

30-13  per month and, in the event of injury during such a mission or

30-14  training, is entitled to the benefits of those chapters.

30-15     Sec. 61.  NRS 353.2712 and 414.0315 are hereby repealed.

30-16     Sec. 62.  The Legislative Counsel shall:

30-17     1.  In preparing the reprint and supplements to the Nevada

30-18  Revised Statutes, appropriately change any references to an officer,

30-19  agency or other entity whose name is changed or whose

30-20  responsibilities are transferred pursuant to the provisions of this act

30-21  to refer to the appropriate officer, agency or other entity.

30-22     2.  In preparing supplements to the Nevada Administrative

30-23  Code, appropriately change any references to an officer, agency or

30-24  other entity whose name is changed or whose responsibilities are

30-25  transferred pursuant to the provisions of this act to refer to the

30-26  appropriate officer, agency or other entity.

30-27     Sec. 63.  This act becomes effective on July 1, 2003.

 

30-28  TEXT OF REPEALED SECTIONS

 

30-29     353.2712  “Division” defined. “Division” means the

30-30   Division of Emergency Management of the Department of Public

30-31   Safety.

30-32     414.0315 “Chief” defined. “Chief” means the Chief of the

30-33   Division of Emergency Management of the Department of Public

30-34   Safety.

 

30-35  H