S.B. 38
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SENATE BILL NO. 38–COMMITTEE ON EDUCATION
(ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT
OF THE OFFICE OF THE MILITARY)
PREFILED NOVEMBER 13, 2024
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to school emergency
operations plans. (BDR 34-270)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; authorizing the Division of
Emergency Management of the Office of the Military to
disseminate certain school emergency operations plans to
local public safety agencies in certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the board of trustees of each school district, the governing 1
body of each charter school and the governing body of each private school to 2
establish a committee to develop a plan to be used by schools in responding to a 3
crisis, emergency or suicide and all other hazards. (NRS 388.241, 388.243, 4
394.1685, 394.1687) Under existing law, the committee is authorized to approve a 5
deviation from such a plan based on the specific needs and characteristics of a 6
particular school. (NRS 388.249, 388.251, 394.1691, 394.1692) Under existing 7
law, each plan, update to a plan or deviation from a plan is required to be provided 8
to: (1) the Division of Emergency Management of the Office of the Military; (2) 9
each local public safety agency in the county in which the school district or school, 10
as applicable, is located; and (3) the local organization for emergency management, 11
if any. (NRS 388.243, 388.245, 394.1688) Existing law prohibits the disclosure of a 12
plan, or an update to or deviation from a plan, to any person, government, 13
governmental agency or political subdivision of a government, with certain 14
exceptions. (NRS 388.259, 394.1698) Section 3 of this bill authorizes the Division 15
to disseminate a plan, an update to a plan or a deviation from a plan to a local 16
public safety agency as the Division determines is reasonably necessary: (1) in the 17
event of an act of terrorism or related emergency; or (2) for emergency 18
preparedness, coordination and response efforts. Sections 1 and 2 of this bill 19
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exempt such disclosure by the Division from the prohibition on disclosure of such 20
plans, updates or deviations. 21
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.259 is hereby amended to read as follows: 1
388.259 A plan developed [or approved] pursuant to NRS 2
388.243 or updated [or approved] pursuant to NRS 388.245, a 3
deviation and any information submitted to an emergency 4
operations plan development committee pursuant to NRS 388.249, a 5
deviation approved pursuant to NRS 388.251 and the model plan 6
developed pursuant to NRS 388.253 are confidential and, except as 7
otherwise provided in NRS 239.0115, 388.229 to 388.266, 8
inclusive, [and] 393.045 and subsection 9 of NRS 414.040 must not 9
be disclosed to any person or government, governmental agency or 10
political subdivision of a government. 11
Sec. 2. NRS 394.1698 is hereby amended to read as follows: 12
394.1698 A plan developed pursuant to NRS 394.1687 or 13
updated pursuant to NRS 394.1688, a deviation and any information 14
submitted to an emergency operations plan development committee 15
pursuant to NRS 394.1691 and a deviation approved pursuant to 16
NRS 394.1692 are confidential and, except as otherwise provided in 17
NRS 239.0115, 388.253 , [and] 394.168 to 394.1699, inclusive, and 18
subsection 9 of NRS 414.040 must not be disclosed to any person or 19
government, governmental agency or political subdivision of a 20
government. 21
Sec. 3. NRS 414.040 is hereby amended to read as follows: 22
414.040 1. A Division of Emergency Management is hereby 23
created within the Office of the Military. The Chief of the Division 24
is appointed by and holds office at the pleasure of the Adjutant 25
General of the Office of the Military. The Division is the State 26
Agency for Emergency Management and the State Agency for Civil 27
Defense for the purposes of the Compact ratified by the Legislature 28
pursuant to NRS 415.010. The Chief is the State’s Director of 29
Emergency Management and the State’s Director of Civil Defense 30
for the purposes of that Compact. 31
2. The Chief may employ technical, clerical, stenographic and 32
other personnel as may be required, and may make such 33
expenditures therefor and for other expenses of his or her office 34
within the appropriation therefor, or from other money made 35
available to him or her for purposes of emergency management, as 36
may be necessary to carry out the purposes of this chapter. 37
3. The Chief, subject to the direction and control of the 38
Adjutant General, shall carry out the program for emergency 39
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management in this State. The Chief shall coordinate the activities 1
of all organizations for emergency management within the State, 2
maintain liaison with and cooperate with agencies and organizations 3
of other states and of the Federal Government for emergency 4
management and carry out such additional duties as may be 5
prescribed by the Adjutant General. 6
4. The Chief shall assist in the development of comprehensive, 7
coordinated plans for emergency management by adopting an 8
integrated process, using the partnership of governmental entities, 9
business and industry, volunteer organizations and other interested 10
persons, for the mitigation of, preparation for, response to and 11
recovery from emergencies or disasters. In adopting this process, the 12
Chief shall: 13
(a) Except as otherwise provided in NRS 232.3532, develop 14
written plans for the mitigation of, preparation for, response to and 15
recovery from emergencies and disasters. The plans developed by 16
the Chief pursuant to this paragraph must include the information 17
prescribed in NRS 414.041 to 414.044, inclusive. 18
(b) Conduct activities designed to: 19
(1) Eliminate or reduce the probability that an emergency 20
will occur or to reduce the effects of unavoidable disasters; 21
(2) Prepare state and local governmental agencies, private 22
organizations and other persons to be capable of responding 23
appropriately if an emergency or disaster occurs by fostering the 24
adoption of plans for emergency operations, conducting exercises to 25
test those plans, training necessary personnel and acquiring 26
necessary resources; 27
(3) Test periodically plans for emergency operations to 28
ensure that the activities of state and local governmental agencies, 29
private organizations and other persons are coordinated; 30
(4) Provide assistance to victims, prevent further injury or 31
damage to persons or property and increase the effectiveness of 32
recovery operations; and 33
(5) Restore the operation of vital community life-support 34
systems and return persons and property affected by an emergency 35
or disaster to a condition that is comparable to or better than what 36
existed before the emergency or disaster occurred. 37
5. In addition to any other requirement concerning the program 38
of emergency management in this State, the Chief shall: 39
(a) Maintain an inventory of any state or local services, 40
equipment, supplies, personnel and other resources related to 41
participation in the Nevada Intrastate Mutual Aid System 42
established pursuant to NRS 414A.100; 43
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(b) Coordinate the provision of resources and equipment within 1
this State in response to requests for mutual aid pursuant to NRS 2
414.075 or chapter 414A of NRS; 3
(c) Coordinate with state agencies, local governments, Indian 4
tribes or nations and special districts to use the personnel and 5
equipment of those state agencies, local governments, Indian tribes 6
or nations and special districts as agents of the State during a 7
response to a request for mutual aid pursuant to NRS 414.075 or 8
414A.130; and 9
(d) Provide notice: 10
(1) On or before February 15 of each year to the governing 11
body of each political subdivision of whether the political 12
subdivision has complied with the requirements of NRS 239C.250; 13
(2) On or before February 15 of each year to the Chair of the 14
Public Utilities Commission of Nevada of whether each utility that 15
is not a governmental utility and each provider of new electric 16
resources has complied with the requirements of NRS 239C.270; 17
(3) On or before February 15 of each year to the Governor of 18
whether each governmental utility described in subsection 1 of NRS 19
239C.050 and each provider of new electric resources has complied 20
with the requirements of NRS 239C.270; 21
(4) On or before February 15 of each year to the governing 22
body of each governmental utility described in subsection 2 of NRS 23
239C.050 and each provider of new electric resources of whether 24
each such governmental utility has complied with the requirements 25
of NRS 239C.270; 26
(5) On or before November 15 of each year to the 27
Superintendent of Public Instruction of whether each board of 28
trustees of a school district, governing body of a charter school or 29
governing body of a private school has complied with the 30
requirements of NRS 388.243 or 394.1687, as applicable; and 31
(6) On or before November 15 of each year to the Chair of 32
the Nevada Gaming Control Board of whether each resort hotel has 33
complied with the requirements of NRS 463.790. 34
6. The Division shall: 35
(a) Perform the duties required pursuant to chapter 415A of 36
NRS; 37
(b) Perform the duties required pursuant to NRS 353.2753 at the 38
request of a state agency or local government; 39
(c) Adopt regulations setting forth the manner in which federal 40
funds received by the Division to finance projects related to 41
emergency management and homeland security are allocated, except 42
with respect to any funds committed by specific statute to the 43
regulatory authority of another person or agency, including, without 44
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limitation, funds accepted by the State Emergency Response 1
Commission pursuant to NRS 459.740; and 2
(d) Submit a written report to the Nevada Commission on 3
Homeland Security within 60 days of making a grant of money to a 4
state agency, political subdivision or tribal government to pay for a 5
project or program relating to the prevention of, detection of, 6
mitigation of, preparedness for, response to and recovery from acts 7
of terrorism that includes, without limitation: 8
(1) The total amount of money that the state agency, political 9
subdivision or tribal government has been approved to receive for 10
the project or program; 11
(2) A description of the project or program; and 12
(3) An explanation of how the money may be used by the 13
state agency, political subdivision or tribal government. 14
7. The Division shall develop a written guide for the 15
preparation and maintenance of an emergency response plan to 16
assist a person or governmental entity that is required to file a plan 17
pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 18
463.790. The Division shall review the guide on an annual basis and 19
revise the guide if necessary. On or before January 15 of each year, 20
the Division shall post the guide on a publicly accessible Internet 21
website maintained by the Division. 22
8. The Division shall provide a copy of the written guide 23
developed pursuant to subsection 7 to a person or governmental 24
entity that is required to file a plan pursuant to NRS 239C.250, 25
239C.270, 388.243, 394.1687 or 463.790 upon the request of such a 26
person or entity. 27
9. The Division may disseminate to a local public safety 28
agency, as the Division determines is reasonably necessary in the 29
event of an act of terrorism or related emergency or for emergency 30
preparedness, coordination and response efforts: 31
(a) A plan developed pursuant to NRS 388.243 or updated 32
pursuant to NRS 388.245; 33
(b) A plan developed pursuant to NRS 394.1687 or updated 34
pursuant to NRS 394.1688; and 35
(c) A deviation approved pursuant to NRS 388.251 or 36
394.1692. 37
10. As used in this section, “public safety agency” has the 38
meaning ascribed to it in NRS 388.2345. 39
Sec. 4. This act becomes effective upon passage and approval. 40
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