Nevada 2021 Regular Session Status: Enacted

AB 485 — Amends provisions related to emergency management. (BDR 18-1103)

Last action — Approved by the Governor. Chapter 352.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 20, 2021. Enacted.

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Advancing 50% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1616 added · 1695 removed

1616 line(s) added, 1695 removed.

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EXEMPT A.B.
Assembly Bill No.
485 A SSEMBLY B ILLN O.
485–Committee on Ways and Means CHAPTER..........
485–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M AY 20, 2021 ____________ Referred to Committee on Ways and Means SUMMARY—Amends provisions related to emergency management.
(BDR 18-1103) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and 41 of this bill grant the Office certain powers and duties concerning an, 2, 34, emergency or disaster, including:
The transfer of the Division from the Department to the Office in sections 1, 2, 34, and 41 of this bill grant the Office certain powers and duties concerning an emergency or disaster, including:
(1) developing a written plan to address behavioral health needs in an emergency or disaster;
(1) developing a written plan to address over all or part of the state communications system;
(2) the assumption of control over all or part of the state communications system;
(3) administration of thetrol Emergency Assistance Account in the State General Fund;
(3) administration of the Emergency Assistance Account in the State General Fund;
(NRS 232.3532, 233F.170, 414.135, 414A.100) Section 24 of this bill provides that the Chief of the Division serves at - *AB485* – 2 – Chief.
(NRS 232.3532, 233F.170, 414.135, 414A.100) Section 24 of this bill provides that the Chief of the Division serves at the pleasure of the Adjutant General and prescribes the powers and duties of the Chief.
Section 7 of this bill grants the Chief the powers of a peace officer.the Existing law grants the Division a role in coordinating with schools in this State concerning disaster and emergency preparation and response including:
Section 7 of this bill grants the Chief the powers of a peace officer.
Existing law grants the Division a role in coordinating with schools in this State concerning disaster and emergency preparation and response including:
(2) consulting with development committees established by the board of trustees of a school district that are required to develop a plan to respond to a crisis, emergency or suicide;
(2) school district that are required to develop a plan to respond to a crisis, emergency or suicide;
(4) preparing a report on compliance by schools in this State with the requirements for Education in developing a model plan for the management of a crisis, emergency or suicide at a public or private school;
(4) preparing a report on compliance by schools in this State with the requirements for developing and reviewing development plans;
(5) assisting the Department of Education in developing a model plan for the management of a crisis, emergency or suicide at a public or private school;
and (8) coordinating with the Department of Education concerning an annual conference regarding safety in public schools.
and (8) coordinating with the Department of (NRS 388.1324, 388.243, 388.245, 388.246, 388.253, 388.257, 388.264, 388.265) Sections 10-13, 15, 16, 18 and 19 of this bill transfer such powers and duties from the Department of Public Safety to the Office of the Military.
(NRS 388.1324, 388.243, 388.245, 388.246, 388.253, 388.257, 388.264, 388.265) Sections 10-13, 15, 16, 18 and 19 of this bill transfer such powers and duties from the Department of Public Safety to the Office of the Military.
Sections 20-23 of this bill make similar changes for private schools and their development committees.
Sections 20-23 of this bilExisting law grants the Director of the Department authority over the Division and its employees.
Existing law grants the Director of the Department authority over the Division and its employees.
(NRS 414.040, 414A.100, 480.540) Sections 31, 32, 41 and 51 of this bill transfer authority over the Division from the Director of the Department to the Adjutant General of the Office of the Military.
(NRS 414.040, 414A.100, 480.540) Sections 31, 32, 41 and 51 of this bill transfer authority over the Division from the Director of the Department - 81st Session (2021) – 2 – to the Adjutant General of the Office of the Military.
Existing law creates the position of the Adjutant General as an appointed member of the Governor’s staff and grants the Adjutant General authority over the Adjutant General the authority to appoint two assistant adjutants general andhe personal aides-de-camp to the Governor that are selected from the commissioned officers of the Nevada National Guard or from reserve officers of the Armed Forces of the United States who are residents of this State and who are not serving on extended active duty.
Existing law creates the position of the Adjutant General as an appointed member of the Governor’s staff and grants the Adjutant General authority over the Office of the Military.
(NRS 412.042, 412.044, 412.068) Existing law grants the personal aides-de-camp to the Governor that are selected from the commissioned officers of the Nevada National Guard or from reserve officers of the Armed Forces of the United States who are residents of this State and who are not serving on extended active duty.
(NRS 412.054) Section 28 of this bill requires instead that to be eligible for appointment as an Assistant Adjutant General, a person must be an officer of the Armed Forces of the United States and be federally recognized in the grade of colonel or higher.
(NRS 412.054) Section 28 of this bill requires instead that to be eligible for appointment of the United States and be federally recognized in the grade of colonel or higher.
regulations setting forth the manner in which the Division is required to allocate certain money relating to hazardous materials.
Existing law authorizes the State Emergency Response Commission to adopt regulations setting forth the manner in which the Division is required to allocate certain money relating to hazardous materials.
- *AB485* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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:
(c) Prescribe strategies to deploy triage and psychological first- aid services during an emergency or disaster;
- 81st Session (2021) – 3 – (c) Prescribe strategies to deploy triage and psychological first- aid services during an emergency or disaster;
(e) Prescribe procedures to address the behavioral health needs of first responders during and after an emergency or disaster;
of first responders during and after an emergency or disaster;
(b) “Emergency”has has methengmeaninged tascribedNRto41it03in.
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
NRS 414.0345.
(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
239C.045 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.
239C.045 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the MilSec.
- *AB485* – 4 – Sec.
Sec.
- 81st Session (2021) – 4 – Sec.
With the approval of the [Director of the Department of Public Safety,] Adjutant General of the Office of the Military, the Chief of the Division shall appoint to the Committee not more than 34 voting members that the Chief determines to be appropriate and who have expertise in:
With the approval of the [Director of the Department of Chief of the Division shall appoint to the Committee not more thane voting members that the Chief determines to be appropriate and who have expertise in:
Any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from the officer’s or employee’s duties, upon the request of the Division of Emergency Management of the - *AB485* – 5 – [Department of Public Safety] Office of the Military or a local organization for emergency management and the approval of the employer of the officer or employee, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any calendar year.
Any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a technician must be relieved from the officer’s or employee’s duties, upon the request of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or a local organization for emergency management and the approval of the employer of the officer or employee, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any calendar year.
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(c) “Emergency communications technician” means a person who is:
- 81st Session (2021) – 5 – (c) “Emergency communications technician” means a person who is:
and (2) A member of:
and (2)(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management;
(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management;
Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.
Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nev3.a Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
3.
Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, - *AB485* – 6 – appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
If, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military determines that the balance in the Emergency Assistance Account created by NRS 414.135 is insufficient to cover the expenses relating to the emergency or disaster that are authorized pursuant to NRS 414.135, the Chief may request from the Director of the Office of Finance a temporary advance from the State General Fund to the Emergency Assistance Account for the payment of those expenses.
If, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military determines that the balance in the Emergency Assistance Account created by NRS 414.135 is - 81st Session (2021) – 6 – insufficient to cover the expenses relating to the emergency or disaster that are authorized pursuant to NRS 414.135, the Chief may request from the Director of the Office of Finance a temporary advance from the State General Fund to the Emergency Assistance Acc2.nt The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1.
2.
The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1.
(e) One representative who is a licensed teacher in this State;
- *AB485* – 7 – (i) One person employed as a paraprofessional, as defined in NRS 391.008, by a school in this State;
(i) One person employed as a paraprofessional, as defined in NRS 391.008, by a school in this State;
3.
- 81st Session (2021) – 7 – 3.
(a) Establish methods which facilitate the ability of a pupil enrolled in a school in this State to express his or her ideas related to school safety and the well-being of pupils enrolled in schools in this State;
(a) Establish methods which facilitate the ability of a pupil enrolled in a school in this State to express his or her ideas related to school safety and the well-being of pupils enrolled in schools in this Sta(b) Evaluate the impact of social media on school safety and the well-being of pupils enrolled in schools in this State;
(b) Evaluate the impact of social media on school safety and the well-being of pupils enrolled in schools in this State;
(c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.
with the school resource officer or a person designated by him orlt her.
(e) Consult with the director of the local organization for emergency management or, if there is no local organization for - *AB485* – 8 – emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.
(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.
(g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.
- 81st Session (2021) – 8 – (g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a c2.sisThe plan developed pursuant to subsection 1 must include, without limitation:
2.
The plan developed pursuant to subsection 1 must include, without limitation:
(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;
occurs during an extracurricular activity which takes place on school grounds;
Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees - *AB485* – 9 – of the school district that established the committee or the governing body of the charter school that established the committee.
Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the [Department of Public Safety] Office of the Military the plan developed pursuant to this section.
The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division - 81st Session (2021) – 9 – of Emergency Management of the [Department of Public Safety] Office of the Military the plan developed pursuant to this section.
Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.
Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it purSec.
Sec.
NRS 388.245 is hereby amended to read as follows:
thNRS 388.245 is hereby amended to read as follows:
(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;
(a) Post a notice of the completion of each review and update each school in its school district or at its charter school;on 1 at (b) File with the Department a copy of the notice provided pursuant to paragraph (a);
(b) File with the Department a copy of the notice provided pursuant to paragraph (a);
and - *AB485* – 10 – (2) The local organization for emergency management, if any;
and (2) The local organization for emergency management, if any;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
- 81st Session (2021) – 10 – (f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:
388.251 as soon as practicable to:ation approved pursuant to NRS (1) The Department;
(1) The Department;
1.
Shall prepare a report regarding the extent to which:
- *AB485* – 11 – Sec.
- 81st Session (2021) – 11 – Sec.
2.
Each school committee shall, when reviewing the plan:
Sec.
388.253.
15.
1.
NRS 388.253 is hereby amended to read as follows:
388.253 1.
(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
- 81st Session (2021) – 12 – (3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
- *AB485* – 12 – (4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons pupils and relatives of employees of such a school, the news mediaes of and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(4) An incident involving a fire, explosion or other similar situation;
(4) An incident involving a fire, explosion or other similar situati(5) An outbreak of disease;
(5) An outbreak of disease;
(e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils;
- 81st Session (2021) – 13 – (e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils;
- *AB485* – 13 – (f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency.
(f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergen(1) At different times during normal school hours;
Such drills must occur:
(1) At different times during normal school hours;
(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2);
where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2);
A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.
A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or - 81st Session (2021) – 14 – omission by the school district or an employee or officer of the school district.
- *AB485* – 14 – 5.
5.
The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:
The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department det(a) The model plan developed by the Department pursuant to subsection 1;
(a) The model plan developed by the Department pursuant to subsection 1;
If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:
If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local assistance from a state agency, the local agency may:quires (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency;
(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency;
3.
- 81st Session (2021) – 15 – 3.
If the Division of Emergency Management of the [Department of Public Safety] Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the - *AB485* – 15 – emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.
If the Division of Emergency Management of the [Department of Public Safety] Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.
2.
A school committee;
(b) Enlarging, remodeling or renovating existing buildings for schools or related facilities;
- 81st Session (2021) – 16 – (b) Enlarging, remodeling or renovating existing buildings for schools or related facilities;
In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to - *AB485* – 16 – NRS 388.262 or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
In a county whose population is 100,000 or more, the board school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to NRS 388.262 or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the [Department of Public Safety,] Office of the Military, any emergency manager designated pursuant to NRS 388.262, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.
The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the [Department of Public Safety,] Office of the Military, any emergency manager designated pursuant to NRS 388.262, any chief resource officer to conduct a conference regarding safety in publicool schools.
(a) A licensed teacher of a school or charter school;
- 81st Session (2021) – 17 – (a) A licensed teacher of a school or charter school;
(c) The parent or legal guardian of a pupil who is enrolled in a public school;
(c) The parent or legal guardian of a pupil who is enrolled in a pub(d) An employee of a local law enforcement agency;
(d) An employee of a local law enforcement agency;
- *AB485* – 17 – 4.
4.
2.
without limitation:veloped pursuant to subsection 1 must include, (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
The plan developed pursuant to subsection 1 must include, without limitation:
(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
4.
- 81st Session (2021) – 18 – 4.
394.1688 1.
each year, review and update as appropriate the plan that itt once developed pursuant to NRS 394.1687.
Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687.
In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.
In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of - *AB485* – 18 – the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.
(e) On or before July 1 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:
(e) On or before July 1 of each year, provide a copy of each plan pursuant to subsection 1 to:4.1687 and each plan updated (1) Each local public safety agency in the county in which the school is located;
(1) Each local public safety agency in the county in which the school is located;
(2) A local public safety agency in the county in which the school is located;
- 81st Session (2021) – 19 – (2) A local public safety agency in the county in which the school is located;
(4) The local organization for emergency management, if any;
any;
(5) A local agency that is included in the plan;
(4) The local organization for emergency management, if (5) A local agency that is included in the plan;
- *AB485* – 19 – 4.
4.
(b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.
(b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Military or his or her designee.
3.
Public Safety] Office of the 3.
If a crisis or an emergency that requires immediate action occurs at a private school or a suicide occurs, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies, including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis, emergency or suicide.
If a crisis or an emergency that requires immediate action occurs at a private school or a suicide occurs, the principal or other person in charge of the private school involved, or - 81st Session (2021) – 20 – his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies, including, without limitation, local agency, to respond to the crisis, emergency or suicide.tate or 2.
2.
(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or - *AB485* – 20 – the emergency and request assistance from the Division in responding to the crisis or the emergency;
(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency;
If the Division of Emergency Management of the [Department of Public Safety] Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.
If the Division of Emergency Management of the [Department of Public Safety] Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.
If a local law enforcement agency responds to a crisis, emergency or suicide that occurs at a private school or notifies a private school regarding a crisis, emergency or suicide that occurs outside of the private school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any public school or any other private school of the crisis, emergency or suicide.
If a local law enforcement agency responds to a crisis, emergency or suicide that occurs at a private school or notifies a private school regarding a crisis, emergency or suicide that occurs outside of the private school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any public school or any other private school of the crisis, emergency or - 81st Session (2021) – 21 – suicide.
Chapter 412 of NRS is hereby amended by adding thereto a new section to read as follows:
Chapter 412 of NRS is hereby amended by adding theThe Chief of the Division of Emergency Management serves at the pleasure of the Adjutant General and maintains the powers and duties set forth in NRS 414.020 to 414.340, inclusive.
The Chief of the Division of Emergency Management serves at the pleasure of the Adjutant General and maintains the powers and duties set forth in NRS 414.020 to 414.340, inclusive.
The military staff of the Governor consists of the Adjutant General [,] and not more than two assistant adjutants general [and personal aides-de-camp to the Governor] selected from - *AB485* – 21 – the commissioned officers of the [Nevada National Guard or from reserve officers of the] Armed Forces of the United States .
The military staff of the Governor consists of the Adjutant General [,] and not more than two assistant adjutants general [and personal aides-de-camp to the Governor] selected from the commissioned officers of the [Nevada National Guard or from reserve officers of the] Armed Forces of the United States .
412.044 1.
who shall [hold office for a 4-year term] serve at the pleasure of the Governor or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
The Governor shall appoint an Adjutant General who shall [hold office for a 4-year term] serve at the pleasure of the Governor or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
The Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of major general.
The Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of major - 81st Session (2021) – 22 – general.
412.054 1.
Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
The Adjutant General may appoint two Assistant Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
An Assistant Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of - *AB485* – 22 – brigadier general.
An Assistant Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of brigadier general.
Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal office of profit.
Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal off6.e oIn the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:
6.
In the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:
Sec.
- 81st Session (2021) – 23 – Sec.
If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties required of the Adjutant General, and who must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General .
If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the Adjutant an Acting Adjutant General who shall assume the responsibilitiest and powers and perform all duties required of the Adjutant General, and who must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General .
- *AB485* – 23 – 3.
3.
Sec.
412.064.
30.
1.
NRS 412.064 is hereby amended to read as follows:
412.064 1.
The Office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.
The Office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate - 81st Session (2021) – 24 – or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.
The Office may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
The Office may establish and continue awards and decorations and approve the design therefor, which must conform to of the National Guard Bureau.of the United States and the directives 6.
6.
The Chief is the - *AB485* – 24 – State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.
The Chief is the State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.
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 money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
The Chief may employ technical, clerical, stenographic and expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership 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.
The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, - 81st Session (2021) – 25 – business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters.
(a) Except as otherwise provided in NRS 232.3532, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters.
written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters.
and (5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency - *AB485* – 25 – or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
and (5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what exi5.ed In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
5.
In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
and (d) Provide notice:
and - 81st Session (2021) – 26 – (d) Provide notice:
(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;
Public Utilities Commission of Nevada of whether each utility thate is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;
(a) Perform the duties required pursuant to chapter 415A of NRS;
(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;
- *AB485* – 26 – (b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;
(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;
- 81st Session (2021) – 27 – (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;
and (3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.
and state agency, political subdivision or tribal government.
7.
the 7.
The written plan for recovery from an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation:
The written plan for recovery from an emergency 414.040 must, without limitation:
- *AB485* – 27 – (a) Establish an organizational structure that facilitates support by the Division of Emergency Management of the [Department of Public Safety] Office of the Military of any recovery activities conducted by local governments and Indian tribes or nations after an emergency or disaster;
(a) of subsection 4 of NRS (a) Establish an organizational structure that facilitates support by the Division of Emergency Management of the [Department of Public Safety] Office of the Military of any recovery activities conducted by local governments and Indian tribes or nations after an emergency or disaster;
2.
- 81st Session (2021) – 28 – 2.
On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
On or before December 31 of each year, the Chief shall revSec.
Sec.
34.revNRS 414.135 is hereby amended to read as follows:
34.
NRS 414.135 is hereby amended to read as follows:
(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;
(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local gov(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster;
(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster;
and (c) For any other purpose authorized by the Legislature.
and - *AB485* – 28 – (c) For any other purpose authorized by the Legislature.
and (c) Carry out the provisions of NRS 388.229 to 388.266, inclusive.
and - 81st Session (2021) – 29 – (c) Carry out the provisions of NRS 388.229 to 388.266, inclusive.
Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Emergency Assistance Account for the previous quarter.
Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit from the Emergency Assistance Account for the previous quarter.ade 6.
6.
3.
once every 3 months.shall meet at the call of the Chief and at least 4.
The Council shall meet at the call of the Chief and at least once every 3 months.
4.
- *AB485* – 29 – (a) Advise the Chief regarding emergency management on tribal lands;
(a) Advise the Chief regarding emergency management on tribal lands;
6.
- 81st Session (2021) – 30 – 6.
414.200 The Chief, with the advice of the Board, shall appoint an employee of the Division of Emergency Management of the [Department of Public Safety] Office of the Military as Coordinator of Search and Rescue.
414.200 The Chief, with the advice of the Board, shall appoint [Department of Public Safety] Office of the Military as Coordinator of Search and Rescue.
(g) An employee of the Department of Health and Human Services whose duties relate to ensuring compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations;
(g) An employee of the Department of Health and Human Services whose duties relate to ensuring compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104(h) A consumer of healthcare services.egulations;
and (h) A consumer of healthcare services.
and 2.
2.
- *AB485* – 30 – Sec.
Sec.
414.310 Broadcasters in this State shall, in cooperation with the Division of Emergency Management of the [Department of Public Safety] Office of the Military and the Nevada Broadcasters Association or its successor organization, develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster.
414.310 Broadcasters in this State shall, in cooperation with the Division of Emergency Management of the [Department of Public Safety] Office of the Military and the Nevada Broadcasters Association or its successor organization, develop comprehensive, - 81st Session (2021) – 31 – coordinated plans for preparing for and responding appropriately to an emergency or disaster.
414A.025 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.
414A.025 “Division” means the Division of Emergency Military.t of the [Department of Public Safety.] Office of the Sec.
Sec.
415A.040 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.
Management of the [Department of Public Safety.] Office of the Military.
- *AB485* – 31 – 2.
2.
Provide technical assistance and administrative support to the Telecommunications Group of the Communication and Computing Unit of the Division of Enterprise Information Technology Services of the Department of Administration for the development of systems for communication during such emergencies;
Provide technical assistance and administrative support to the Telecommunications Group of the Communication and - 81st Session (2021) – 32 – Computing Unit of the Division of Enterprise Information Technology Services of the Department of Administration for the development of systems for communication during such emergencies;
5.
for training programs;cal and administrative support and assistance 6.
Provide technical and administrative support and assistance for training programs;
6.
and 2.
and or other assistance by:requested to provide the equipment, advice (a) The person responsible for the discharge;
The person was requested to provide the equipment, advice or other assistance by:
(a) The person responsible for the discharge;
- *AB485* – 32 – (f) The State Fire Marshal Division of the Department of Public Safety;
(f) The State Fire Marshal Division of the Department of Public Safety;
or (i) A local agency for law enforcement.
or - 81st Session (2021) – 33 – (i) A local agency for law enforcement.
Each new or revised plan must be filed within 3 days after adoption or revision with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.
Each new or revised plan must be filed department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.
(g) A description of any special equipment needed to respond to an emergency at the resort hotel;
an emergency at the resort hotel;al equipment needed to respond to (h) An evacuation plan;
(h) An evacuation plan;
Each resort hotel shall review its emergency response plan at least once each year and, as soon as practicable after the review is completed but not later than November 1 of each year, file with each local fire department and local law enforcement agency whose - *AB485* – 33 – jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management:
Each resort hotel shall review its emergency response plan at least once each year and, as soon as practicable after the review is completed but not later than November 1 of each year, file with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management:
(a) Any revised emergency response plan resulting from the review;
- 81st Session (2021) – 34 – (a) Any revised emergency response plan resulting from the review;
or (b) A written certification that the most recent emergency response plan filed pursuant to this subsection or subsection 1 is the current emergency response plan for the resort hotel.
or (b) A written certification that the most recent emergency response plan filed pursuant to this subsection or subsection 1 is the cur4.nt A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the department, agency and Division with whom it is filed.
4.
A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the department, agency and Division with whom it is filed.
1.
probation;apters 176A and 213 of NRS relating to parole and 2.
Chapters 176A and 213 of NRS relating to parole and probation;
2.
- *AB485* – 34 – 3.
- 81st Session (2021) – 35 – 3.
[7.] 6.
A Nevada Office of Cyber Defense Coordination;
and [9.] 8.
and Defense Coordination;
[9.] 8.
(a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
(a) Execute, administer and enforce the provisions of chapter of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
[The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.
[The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.
(a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State;
- 81st Session (2021) – 36 – (a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State;
and - *AB485* – 35 – (b) Execute, administer and enforce the provisions of NRS 480.900 to 480.950, inclusive, and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.900 to 480.950, inclusive, and any other specific statute.
and (b) Execute, administer and enforce the provisions of NRS 480.900 to 480.950, inclusive, and perform such duties and exercise to 480.950, inclusive, and any other specific statute.S 480.900 [8.] 7.
[8.] 7.
The] the State Fire Marshal Division pursuant to chapter 477 of NRS [, ] must be deposited with the State Treasurer for credit to the appropriate accounts of the respective divisions.
The] the State Fire Marshal Division pursuant to chapter 477 of NRS [, appropriate accounts of the respective divisions.
Sec.
credit to the Sec.
Sec.
- 81st Session (2021) – 37 – Sec.
Except as otherwise provided in subsection 2, the Advisory Committee consists of 2 ex officio nonvoting members pursuant to - *AB485* – 36 – subsection 2 and not more than 15 voting members, which must include, without limitation:
Except as otherwise provided in subsection 2, the Advisory subsection 2 and not more than 15 voting members, which mustt to include, without limitation:
Except as otherwise provided in this subsection, the following persons are ex officio nonvoting members of the Advisory Committee:
Except as otherwise provided in this subsection, the Committee:persons are ex officio nonvoting members of the Advisory (a) The Director of the Nevada Threat Analysis Center created by NRS 480.530.
(a) The Director of the Nevada Threat Analysis Center created by NRS 480.530.
6.
- 81st Session (2021) – 38 – 6.
The Advisory Committee shall advise the Nevada Threat Analysis Center created by NRS 480.530 on best practices for the collection, maintenance, analysis and dissemination of criminal intelligence information.
The Advisory Committee shall advise the Nevada Threat collection, maintenance, analysis and dissemination of criminale intelligence information.
- *AB485* – 37 – 1.
1.
Consult with the Division of Emergency Management of the [Department] Office of the Military and the Division of Enterprise Information Technology Services of the Department of Administration regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.
Consult with the Division of Emergency Management of the [Department] Office of the Military and the Division of Enterprise Information Technology Services of the Department of Administration regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of inf4.matCoordinates.
4.
with the Investigation Division of the Department regarding gathering intelligence on and initiating investigations of cyber threats and incidents.
Coordinate with the Investigation Division of the Department regarding gathering intelligence on and initiating investigations of cyber threats and incidents.
Sec.
- 81st Session (2021) – 39 – Sec.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of - *AB485* – 38 – the contract or other agreement has been transferred.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of and other agreements may be enforced by the officer or agency toacts which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
1.
In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
H - *AB485*
~~~~~ 21 - 81st Session (2021)
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Action History

  1. Approved by the Governor. Chapter 352.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  7. Read first time. Referred to Committee on Ways and Means. To printer. From printer. To committee.

Sponsors

  • Assembly Committee on Ways and Means · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Ways and Means

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

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AB 485 is sponsored by Assembly Committee on Ways and Means.
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This bill has been enacted into law. Introduced May 20, 2021. Enacted.
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