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--- version:As Introduced+++ version:(document, no version)@@ -1,240 +1,22 @@-*- S.B. 38+Committee Action:+ Do Pass __________+ Amend & Do Pass __________+ Other __________-- *SB38*--SENATE BILL NO. 38–COMMITTEE ON EDUCATION--(ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT-OF THE OFFICE OF THE MILITARY)--PREFILED NOVEMBER 15, 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.+Senate Committee on Education+This measure may be considered for action during today’s work session.+SENATE BILL 38+Revises provisions relating to school emergency operations plans.+(BDR 34-270)+Sponsored By: Senate Committee on Education (On Behalf of the Division of+Emergency Management of the Office of the Military)+Date Heard: February 12, 2025+Fiscal Notes: Effect on Local Government: No.Effect on the State: No.--~--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 go verning 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 auth orized 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 pro vided 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 Div ision 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-- – 2 –--- *SB38*-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 emergenc y 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 415.0 10. 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-- – 3 –--- *SB38*-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 fr om 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 e mergency 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 th e 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 operat ion 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-- – 4 –--- *SB38*- (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 gover nments, 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 pursua nt 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 e ach 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 befo re 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 pro jects 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-- – 5 –--- *SB38*-limitation, funds accepted by the State Em ergency 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 Divisi on 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 dis seminate 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--H+Senate Bill 38 authorizes the Division of Emergency Management, Office of the Military, to+disseminate school emergency operations plans—or updates or approved deviations of these+plans—to a local public safety agency in certain circumstances, including: (1) in the event of+an act of terrorism or related emergency; or (2) for emergency preparedness, coordination,+and response efforts.+Amendments: No amendments were proposed for this measure.+Special Note: No fiscal notes were required for this bill.
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