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- 83rd Session (2025)
Senate Bill No. 38–Committee on Education
CHAPTER..........
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
body of each charter school and the go verning body of each private school to
establish a committee to develop a plan to be used by schools in responding to a
crisis, emergency or suicide and all other hazards. (NRS 388.241, 388.243,
394.1685, 394.1687) Under existing law, the committee is auth orized to approve a
deviation from such a plan based on the specific needs and characteristics of a
particular school. (NRS 388.249, 388.251, 394.1691, 394.1692) Under existing
law, each plan, update to a plan or deviation from a plan is required to be pro vided
to: (1) the Division of Emergency Management of the Office of the Military; (2)
each local public safety agency in the county in which the school district or school,
as applicable, is located; and (3) the local organization for emergency management,
if any. (NRS 388.243, 388.245, 394.1688) Existing law prohibits the disclosure of a
plan, or an update to or deviation from a plan, to any person, government,
governmental agency or political subdivision of a government, with certain
exceptions. (NRS 388.259, 394.1698) Section 3 of this bill authorizes the Division
to disseminate a plan, an update to a plan or a deviation from a plan to a local
public safety agency as the Division determines is reasonably necessary: (1) in the
event of an act of terrorism or related emergency; or (2) for emergency
preparedness, coordination and response efforts. Sections 1 and 2 of this bill
exempt such disclosure by the Division from the prohibition on disclosure of such
plans, updates or deviations.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
388.259 A plan developed [or approved ] pursuant to NRS
388.243 or updated [or approved ] pursuant to NRS 388.245, a
deviation and any information submitted to an emergency
operations plan development committee pursuant to NRS 388.249, a
deviation approved pursuant to NRS 388.251 and the model p lan
developed pursuant to NRS 388.253 are confidential and, except as
otherwise provided in NRS 239.0115, 388.229 to 388.266,
inclusive, [and] 393.045 and subsection 9 of NRS 414.040 must not
be disclosed to any person or government, governmental agency or
political subdivision of a government.
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Sec. 2. NRS 394.1698 is hereby amended to read as follows:
394.1698 A plan developed pursuant to NRS 394.1687 or
updated pursuant to NRS 394.1688, a deviation and any information
submitted to an emergency operations plan development committee
pursuant to NRS 394.1691 and a deviation approved pursuant to
NRS 394.1692 are confidential and, except as otherwise provided in
NRS 239.0115, 388.253 , [and] 394.168 to 394.1699, inclusive, and
subsection 9 of NRS 414.040 must not be disclosed to any person or
government, governmental agency or political subdivision of a
government.
Sec. 3. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby
created within the Office of the Military. The Chief of the Division
is appointed by and holds office at the pleasure of the Adjutant
General of the Office of the Military. The Division is the State
Agency for Emergency Management and the State Agency for Civil
Defense for the purposes of the Compact ratified by the Legislature
pursuant to NRS 415.010. The Chief is the State’s Director of
Emergency Management and the State’s Director of Civil Defense
for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and
other personnel as may be required, and may make such
expenditures therefor and for other expenses of his or her office
within the appropriation therefor, or from other mon ey made
available to him or her for purposes of emergency management, as
may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the
Adjutant General, shall carry out the program for emergency
management in this State. The Chief shall coordinate the activities
of all organizations for emergency management within the State,
maintain liaison with and cooperate with agencies and organizations
of other states and of the Federal Government for emergency
management and carry out such additional duties as may be
prescribed by the Adjutant General.
4. The Chief shall assist in the development of comprehensive,
coordinated plans for emergency management by adopting an
integrated process, using the partners hip of governmental entities,
business and industry, volunteer organizations and other interested
persons, for the mitigation of, preparation for, response to and
recovery from emergencies or disasters. In adopting this process, the
Chief shall:
(a) Except as otherwise provided in NRS 232.3532, develop
written plans for the mitigation of, preparation for, response to and
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recovery from emergencies and disasters. The plans developed by
the Chief pursuant to this paragraph must include the information
prescribed in NRS 414.041 to 414.044, inclusive.
(b) Conduct activities designed to:
(1) Eliminate or reduce the probability that an emergency
will occur or to reduce the effects of unavoidable disasters;
(2) Prepare state and local governmental agencies, pr ivate
organizations and other persons to be capable of responding
appropriately if an emergency or disaster occurs by fostering the
adoption of plans for emergency operations, conducting exercises to
test those plans, training necessary personnel and acqui ring
necessary resources;
(3) Test periodically plans for emergency operations to
ensure that the activities of state and local governmental agencies,
private organizations and other persons are coordinated;
(4) Provide assistance to victims, prevent f urther injury or
damage to persons or property and increase the effectiveness of
recovery operations; and
(5) Restore the operation of vital community life -support
systems and return persons and property affected by an emergency
or disaster to a conditio n that is comparable to or better than what
existed before the emergency or disaster occurred.
5. In addition to any other requirement concerning the program
of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services,
equipment, supplies, personnel and other resources related to
participation in the Nevada Intrastate Mutual Aid System
established pursuant to NRS 414A.100;
(b) Coordinate the provision of resources and equipment within
this State in re sponse to requests for mutual aid pursuant to NRS
414.075 or chapter 414A of NRS;
(c) Coordinate with state agencies, local governments, Indian
tribes or nations and special districts to use the personnel and
equipment of those state agencies, local gover nments, Indian tribes
or nations and special districts as agents of the State during a
response to a request for mutual aid pursuant to NRS 414.075 or
414A.130; and
(d) Provide notice:
(1) On or before February 15 of each year to the governing
body of e ach political subdivision of whether the political
subdivision has complied with the requirements of NRS 239C.250;
(2) On or before February 15 of each year to the Chair of the
Public Utilities Commission of Nevada of whether each utility that
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is not a governmental utility and each provider of new electric
resources has complied with the requirements of NRS 239C.270;
(3) On or before February 15 of each year to the Governor of
whether each governmental utility described in subsection 1 of NRS
239C.050 and each provider of new electric resources has complied
with the requirements of NRS 239C.270;
(4) On or before February 15 of each year to the governing
body of each governmental utility described in subsection 2 of NRS
239C.050 and each provider of ne w electric resources of whether
each such governmental utility has complied with the requirements
of NRS 239C.270;
(5) On or before November 15 of each year to the
Superintendent of Public Instruction of whether each board of
trustees of a school distric t, governing body of a charter school or
governing body of a private school has complied with the
requirements of NRS 388.243 or 394.1687, as applicable; and
(6) On or before November 15 of each year to the Chair of
the Nevada Gaming Control Board of whe ther each resort hotel has
complied with the requirements of NRS 463.790.
6. The Division shall:
(a) Perform the duties required pursuant to chapter 415A of
NRS;
(b) Perform the duties required pursuant to NRS 353.2753 at the
request of a state agency or local government;
(c) Adopt regulations setting forth the manner in which federal
funds received by the Division to finance projects related to
emergency management and homeland security are allocated, except
with respect to any funds committed by spec ific statute to the
regulatory authority of another person or agency, including, without
limitation, funds accepted by the State Emergency Response
Commission pursuant to NRS 459.740; and
(d) Submit a written report to the Nevada Commission on
Homeland Security within 60 days of making a grant of money to a
state agency, political subdivision or tribal government to pay for a
project or program relating to the prevention of, detection of,
mitigation of, preparedness for, response to and recovery from acts
of terrorism that includes, without limitation:
(1) The total amount of money that the state agency, political
subdivision or tribal government has been approved to receive for
the project or program;
(2) A description of the project or program; and
(3) An explanation of how the money may be used by the
state agency, political subdivision or tribal government.
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7. The Division shall develop a written guide for the
preparation and maintenance of an emergency response plan to
assist a person or governm ental entity that is required to file a plan
pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or
463.790. The Division shall review the guide on an annual basis and
revise the guide if necessary. On or before January 15 of each year,
the Division shal l post the guide on a publicly accessible Internet
website maintained by the Division.
8. The Division shall provide a copy of the written guide
developed pursuant to subsection 7 to a person or governmental
entity that is required to file a plan pursuan t to NRS 239C.250,
239C.270, 388.243, 394.1687 or 463.790 upon the request of such a
person or entity.
9. The Division may disseminate to a local public safety
agency, as the Division determines is reasonably necessary in the
event of an act of terrorism or related emergency or for emergency
preparedness, coordination and response efforts:
(a) A plan developed pursuant to NRS 388.243 or updated
pursuant to NRS 388.245;
(b) A plan developed pursuant to NRS 394.1687 or updated
pursuant to NRS 394.1688; and
(c) A deviation approved pursuant to NRS 388.251 or
394.1692.
10. As used in this section, “public safety agency” has the
meaning ascribed to it in NRS 388.2345.
Sec. 4. This act becomes effective upon passage and approval.
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