Senate Bill No. 289–Committee on Human
Resources and Facilities
CHAPTER..........
AN ACT relating to schools; requiring the board of trustees of each school district and the governing body of each charter school and private school to establish a committee to develop a plan to be used in responding to certain crises involving violence on school property, at school activities or on school buses; requiring each school to establish a committee to review such a plan developed for the school; requiring the state board of education to develop a statewide plan for the management of certain crises that involve violence on school property, at school activities or on school buses and that require immediate action; requiring the division of emergency management of the department of motor vehicles and public safety to assist, under certain circumstances, with such crises; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3, 4
and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Crisis” means a traumatic and sudden event or emergency
condition that:
1. Involves violence;
2. Profoundly and negatively affects or will affect pupils or
employees of a public school, or both;
3. Occurs on the property of a public school, at an activity sponsored
by a public school or on a school bus while the bus is engaged in its
official duties for a public school; and
4. May involve serious injury or death.
Sec. 4. “Development committee” means a committee established
pursuant to section 6 of this act.
Sec. 5. “School committee” means a committee established pursuant
to section 9 of this act.
Sec. 6. 1. The board of trustees of each school district shall
establish a development committee to develop one plan to be used by all
the public schools other than the charter schools in the school district in
responding to a crisis. The governing body of each charter school shall
establish a development committee to develop a plan to be used by the
charter school in responding to a crisis.
2. The membership of a development committee must consist of:
(a) At least one member of the board of trustees or of the governing
body that established the committee;
(b) At least one administrator of a school in the school district or of
the charter school;
(c) At least one licensed teacher of a school in the school district or of
the charter school;
(d) At least one employee of a school in the school district or of the
charter school who is not a licensed teacher and who is not responsible
for the administration of the school;
(e) At least one parent or legal guardian of a pupil who is enrolled in
a school in the school district or in the charter school;
(f) At least one representative of a local law enforcement agency in
the county in which the school district or charter school is located; and
(g) At least one school police officer, including, without limitation, a
chief of school police of the school district if the school district has
school police officers.
3. The membership of a development committee may also include
any other person whom the board of trustees or the governing body
deems appropriate, including, without limitation:
(a) A counselor of a school in the school district or of the charter
school;
(b) A psychologist of a school in the school district or of the charter
school;
(c) A licensed social worker of a school in the school district or of the
charter school;
(d) A pupil in grade 10 or higher of a school in the school district or a
pupil in grade 10 or higher of the charter school if a school in the school
district or the charter school includes grade 10 or higher; and
(e) An attorney or judge who resides or works in the county in which
the school district or charter school is located.
4. The board of trustees of each school district and the governing
body of each charter school shall determine the term of each member of
the development committee that it establishes. Each development
committee may adopt rules for its own management and government.
Sec. 7. 1. Each development committee established by the board of
trustees of a school district shall develop one plan to be used by all the
public schools other than the charter schools in the school district in
responding to a crisis. Each development committee established by the
governing body of a charter school shall develop a plan to be used by the
charter school in responding to a crisis. Each development committee
shall, when developing the plan, consult with the local social service
agencies and local law enforcement agencies in the county in which its
school district or charter school is located. The plan must include,
without limitation, a procedure for:
(a) Assisting persons within a school in the school district or the
charter school to communicate with each other;
(b) Assisting persons within a school in the school district or the
charter school to communicate with persons located outside the school,
including, without limitation, relatives of pupils and relatives of
employees of the school, the news media and persons from local, state or
federal agencies that are responding to a crisis;
(c) Immediately responding to a crisis and for responding during the
period after a crisis has concluded, including, without limitation, a crisis
that results in immediate physical harm to a pupil or employee of a
school in the school district or the charter school;
(d) Assisting pupils of a school in the school district or the charter
school, employees of the school and relatives of such pupils and
employees to move safely within and away from the school, including,
without limitation, a procedure for evacuating the school and a
procedure for securing the school; and
(e) Enforcing discipline within a school in the school district or the
charter school and for obtaining and maintaining a safe and orderly
environment during a crisis.
2. 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.
3. Except as otherwise provided in sections 10 and 11 of this act,
each public school, including, without limitation, each charter school,
must comply with the plan developed for it pursuant to this section.
Sec. 8. 1. Each development committee shall, at least once each
year, review and update as appropriate the plan that it developed
pursuant to section 7 of this act, and provide an updated copy of the plan
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.
2. The board of trustees of each school district and the governing
body of each charter school shall:
(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;
(b) Post a copy of sections 2 to 16, inclusive, of this act at each school
in its school district or at its charter school;
(c) Retain a copy of each plan developed pursuant to section 7 of this
act, each plan updated pursuant to subsection 1 and each deviation
approved pursuant to section 11 of this act;
(d) Provide a copy of each plan developed pursuant to section 7 of this
act and each plan updated pursuant to subsection 1 to:
(1) The state board;
(2) Each local law enforcement agency in the county in which the
school district or charter school is located; and
(3) The division of emergency management of the department of
motor vehicles and public safety;
(e) Upon request, provide a copy of each plan developed pursuant to
section 7 of this act 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;
(f) Upon request, provide a copy of each deviation approved pursuant
to section 11 of this act to:
(1) The state board;
(2) A local law enforcement agency in the county in which the
school district or charter school is located;
(3) The division of emergency management of the department of
motor vehicles and public safety;
(4) A local agency that is included in the plan; and
(5) An employee of a school who is included in the plan; and
(g) At least once each year, provide training in responding to a crisis
to each employee of the school district or of the charter school,
including, without limitation, training concerning drills for evacuating
and securing schools.
3. The board of trustees of each school district and the governing
body of each charter school may apply for and accept gifts, grants and
contributions from any public or private source to carry out the
provisions of sections 2 to 16, inclusive, of this act.
Sec. 9. 1. The principal of each public school, including, without
limitation, each charter school, shall establish a school committee to
review the plan developed for the school pursuant to section 7 of this act.
2. The membership of a school committee must consist of:
(a) The principal of the school;
(b) Two licensed employees of the school;
(c) One employee of the school who is not a licensed employee and
who is not responsible for the administration of the school;
(d) One school police officer of the school if the school has school
police officers; and
(e) One parent or legal guardian of a pupil who is enrolled in the
school.
3. The membership of a school committee may also include any other
person whom the principal of the school deems appropriate, including,
without limitation:
(a) A member of the board of trustees of the school district in which
the school is located or a member of the governing body of the charter
school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement agency in the county,
city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school if the school includes
grade 10 or higher.
4. The principal of a public school, including, without limitation, a
charter school, shall determine the term of each member of the school
committee. Each school committee may adopt rules for its own
management and government.
Sec. 10. 1. Each school committee shall, at least once each year,
review the plan developed for the school pursuant to section 7 of this act
and determine whether the school should deviate from the plan. Each
school committee shall, when reviewing the plan, consult with the local
social service agencies and law enforcement agencies in the county, city
or town in which its school is located. If a school committee determines
that the school should deviate from the plan, the school committee shall
notify the development committee that developed the plan, describe the
proposed deviation and explain the reason for the proposed deviation.
The school may deviate from the plan only if the deviation is approved by
the development committee pursuant to section 11 of this act.
2. Each public school, including, without limitation, each charter
school, shall post at the school a notice of the completion of each review
that the school committee performs pursuant to this section.
Sec. 11. 1. A development committee that receives a proposed
deviation from a school committee pursuant to section 10 of this act
shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any information submitted with
the proposed deviation; and
(b) Notify the school committee that submitted the proposed deviation
whether the proposed deviation has been approved.
2. A development committee shall provide a copy of each deviation
that it approves pursuant to this section to the board of trustees of the
school district that established the committee or to the governing body of
the charter school that established the committee.
Sec. 12. 1. The state board shall adopt regulations setting forth
requirements for:
(a) The plan required to be developed pursuant to section 7 of this act;
and
(b) Reviewing and approving a deviation pursuant to section 11 of this
act.
2. The regulations adopted pursuant to this section must include,
without limitation, requirements concerning training and practice in
procedures for responding to a crisis.
Sec. 13. 1. The state board shall, with assistance from other state
agencies, including, without limitation, the division of emergency
management, the investigation division, and the Nevada highway patrol
of the department of motor vehicles and public safety, develop a plan for
the management of a crisis that involves a public school, including,
without limitation, a charter school, or a private school and that requires
immediate action. The plan must include, without limitation, a procedure
for coordinating the resources of local, state and federal agencies,
officers and employees, as appropriate. In developing the plan, the state
board shall consider the plans to respond to crises developed pursuant to
sections 7 and 25 of this act and updated pursuant to sections 8 and 26 of
this act.
2. The state board may disseminate to any appropriate local, state or
federal agency, officer or employee, as the state board determines is
necessary:
(a) The plan developed by the state board pursuant to subsection 1;
(b) A plan developed pursuant to section 7 of this act or updated
pursuant to section 8 of this act;
(c) A plan developed pursuant to section 25 of this act or updated
pursuant to section 26 of this act; and
(d) A deviation approved pursuant to section 11 or 29 of this act.
Sec. 14. 1. If a crisis that requires immediate action occurs at a
public school, including, without limitation, a charter school, the
principal of the school involved, or his designated representative, shall,
in accordance with the plan to respond to a crisis developed for the
school pursuant to section 7 of this act and in accordance with any
deviation approved pursuant to section 11 of this act, contact all
appropriate local agencies to respond to the crisis.
2. If a local agency that is responsible for responding to a crisis is
contacted pursuant to subsection 1 and the local agency determines that
the crisis requires assistance from a state agency, the local agency may:
(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 motor vehicles and public safety of the crisis and request
assistance from the division in responding to the crisis; or
(b) If a local organization for emergency management has not been
established in the city or county in which the local agency that was
contacted is located, directly notify the division of emergency
management of the department of motor vehicles and public safety of the
crisis and request assistance from the division in responding to the crisis.
3. If the division of emergency management of the department of
motor vehicles and public safety receives notification of a crisis and a
request for assistance pursuant to subsection 2 and the governor or his
designated representative determines that the crisis requires assistance
from a state agency, the division shall carry out its duties set forth in the
plan developed pursuant to section 13 of this act and its duties set forth
in chapter 414 of NRS, including, without limitation, addressing the
immediate crisis 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.
Sec. 15. A plan developed pursuant to section 7 of this act or
updated pursuant to section 8 of this act, a deviation and any information
submitted to a development committee pursuant to section 10 of this act,
a deviation approved pursuant to section 11 of this act and the plan
developed pursuant to section 13 of this act are confidential and, except
as otherwise provided in sections 2 to 16, inclusive, of this act, must not
be disclosed to any person or government, governmental agency or
political subdivision of a government.
Sec. 16. The provisions of chapter 241 of NRS do not apply to a
meeting of:
1. A development committee;
2. A school committee; or
3. The state board if the meeting concerns a regulation adopted
pursuant to section 12 of this act or the plan developed pursuant to
section 13 of this act.
Sec. 17. NRS 392.375 is hereby amended to read as follows:
392.375 1. At least twice each school year, a school district shall
require all the pupils in the school district who ride a school bus to practice
the evacuation of a school bus for a purpose other than a crisis governed
by sections 2 to 16, inclusive, of this act and to receive instruction in the
responsibility of a passenger of a school bus to use the emergency exit
doors on the bus during such an evacuation.
2. Each school district shall adopt a safety program which does not
concern a crisis governed by sections 2 to 16, inclusive, of this act and
which includes, without limitation:
(a) The procedure for pupils to safely enter and exit a school bus,
including entering and exiting with a driver of a school bus as an escort;
(b) Proper behavior and conduct of pupils while in areas around a
school bus where a high risk of danger to pupils exists, including the area
that is used to load and unload school buses;
(c) Behavior and conduct of pupils while on a school bus that will
enhance the safety of the pupils;
(d) Evacuation of pupils from a school bus; and
(e) The location of emergency equipment on a school bus.
At least annually, a school district shall require all pupils who are enrolled
in preschool, kindergarten and in grades 1 to 4, inclusive, in the school
district who ride a school bus to participate in the safety program created
pursuant to this section.
3. If a parent or legal guardian enrolls his child in preschool,
kindergarten or grades 1 to 6, inclusive, and the child will be riding a
school bus for the first time, the school shall provide the parent or legal
guardian, upon enrollment, with written information concerning the safety
of pupils on a school bus. The information must include, without
limitation:
(a) A description of each location that is designated to load and unload a
school bus which is in geographical proximity to the pupil’s residence;
(b) Rules of conduct for pupils on a school bus and at an area that is
designated for pupils to enter and exit a school bus;
(c) Instructions for the operation of a motor vehicle:
(1) At school crossing zones and in areas that are designated to load
and unload a school bus; and
(2) When a driver of a school bus operates a system of flashing red
lights;
(d) A description of the area around a school bus that poses a high risk
of danger to pupils and other pedestrians; and
(e) Behavior and conduct for pupils who walk to and from an area that
is designated for pupils to enter and exit a school bus that will enhance the
safety of the pupils.
4. The board of trustees of each school district shall adopt regulations
regarding practices conducted pursuant to subsection 1 and participation in
safety programs required by subsection 2, including the requirement of
such practices and participation in such programs at the beginning of any
field trip by school bus.
Sec. 18. NRS 392.450 is hereby amended to read as follows:
392.450 1. The board of trustees of each school district and the
governing body of each charter school shall provide drills for the pupils in
the schools in the school district or the charter schools at least once each
month during the school year to instruct those pupils in the appropriate
procedures to be followed in the event of a fire or other emergency[.] ,
except a crisis governed by sections 2 to 16, inclusive, of this act. Not
more than three of those drills may include instruction in the appropriate
procedures to be followed in the event of a chemical explosion, related
emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire
departments or voluntary fire departments, the drills required by subsection
1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the board of trustees of the
school district or the governing body of a charter school; and
(b) Chief of the fire department of the city or town.
3. A diagram of the approved escape route and any other information
related to the drills required by subsection 1 which is approved by the
chief of the fire department or, if there is no fire department, the state fire
marshal must be kept posted in every classroom of every public school by
the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school
building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section is a misdemeanor.
Sec. 19. Chapter 394 of NRS is hereby amended by adding thereto the
provisions set forth as sections 20 to 33, inclusive, of this act.
Sec. 20. As used in sections 20 to 33, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 21,
22 and 23 of this act have the meanings ascribed to them in those
sections.
Sec. 21. “Crisis” means a traumatic and sudden event or emergency
condition that:
1. Involves violence;
2. Profoundly and negatively affects or will affect pupils or
employees of a private school;
3. Occurs on the property of a private school, at an activity sponsored
by a private school or on a school bus while the bus is engaged in its
official duties for a private school; and
4. May involve serious injury or death.
Sec. 22. “Development committee” means a committee established
pursuant to section 24 of this act.
Sec. 23. “School committee” means a committee established for
each private school pursuant to section 27 of this act.
Sec. 24. 1. The governing body of each private school shall
establish a development committee to develop a plan to be used by the
private school in responding to a crisis.
2. The membership of a development committee consists of:
(a) At least one member of the governing body;
(b) At least one administrator of the school;
(c) At least one teacher of the school;
(d) At least one employee of the school who is not a teacher and who
is not responsible for the administration of the school;
(e) At least one parent or legal guardian of a pupil who is enrolled in
the school; and
(f) At least one representative of a local law enforcement agency in
the county in which the school is located.
3. The membership of a development committee may also include
any other person whom the governing body deems appropriate,
including, without limitation:
(a) A counselor of the school;
(b) A psychologist of the school;
(c) A licensed social worker of the school;
(d) A pupil in grade 10 or higher of the school if the school includes
grade 10 or higher; and
(e) An attorney or judge who resides or works in the county in which
the school is located.
4. The governing body of each private school shall determine the
term of each member of the development committee that it established.
Each development committee may adopt rules for its own management
and government.
Sec. 25. 1. Each development committee shall develop a plan to be
used by its school in responding to a crisis. Each development committee
shall, when developing the plan, consult with the local social service
agencies and local law enforcement agencies in the county in which its
school is located. The plan must include, without limitation, a procedure
for:
(a) Assisting persons within the school to communicate with each
other;
(b) Assisting persons within the school to communicate with persons
located outside the school, including, without limitation, relatives of
pupils and relatives of employees of the school, the news media and
persons from local, state or federal agencies that are responding to a
crisis;
(c) Immediately responding to a crisis and for responding during the
period after a crisis has concluded, including, without limitation, a crisis
that results in immediate physical harm to a pupil or employee of the
school;
(d) Assisting pupils of the school, employees of the school and
relatives of such pupils and employees to move safely within and away
from the school, including, without limitation, a procedure for
evacuating the school and a procedure for securing the school; and
(e) Enforcing discipline within the school and for obtaining and
maintaining a safe and orderly environment during a crisis.
2. Each development committee shall provide a copy of the plan that
it develops pursuant to this section to the governing body of the school
that established the committee.
3. Except as otherwise provided in sections 28 and 29 of this act,
each private school must comply with the plan developed for it pursuant
to this section.
Sec. 26. 1. Each development committee shall, at least once each
year, review and update as appropriate the plan that it developed
pursuant to section 25 of this act, and provide an updated copy of the
plan to the governing body of the school.
2. The governing body of each private school shall:
(a) Post a notice of the completion of each review and update that its
development committee performs pursuant to subsection 1 at the school;
(b) Post a copy of sections 13 and 20 to 33, inclusive, of this act at the
school;
(c) Retain a copy of each plan developed pursuant to section 25 of this
act, each plan updated pursuant to subsection 1 and each deviation
approved pursuant to section 29 of this act;
(d) Provide a copy of each plan developed pursuant to section 25 of
this act and each plan updated pursuant to subsection 1 to:
(1) The board;
(2) Each local law enforcement agency in the county in which the
school is located; and
(3) The division of emergency management of the department of
motor vehicles and public safety;
(e) Upon request, provide a copy of each plan developed pursuant to
section 25 of this act and each plan updated pursuant to subsection 1 to a
local agency that is included in the plan and to an employee of the school
who is included in the plan;
(f) Upon request, provide a copy of each deviation approved pursuant
to section 29 of this act to:
(1) The board;
(2) A local law enforcement agency in the county in which the
school is located;
(3) The division of emergency management of the department of
motor vehicles and public safety;
(4) A local agency that is included in the plan; and
(5) An employee of the school who is included in the plan; and
(g) At least once each year, provide training in responding to a crisis
to each employee of the school, including, without limitation, training
concerning drills for evacuating and securing the school.
Sec. 27. 1. The principal or other person in charge of each private
school shall establish a school committee to review the plan developed for
the private school pursuant to section 25 of this act.
2. The membership of a school committee consists of:
(a) The principal or other person in charge of the school;
(b) Two employees of the school;
(c) One employee of the school who is not responsible for the
administration of the school; and
(d) One parent or legal guardian of a pupil who is enrolled in the
school.
3. The membership of a school committee may include any other
person whom the principal or other person in charge of the school deems
appropriate, including, without limitation:
(a) A member of the governing body of the school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement agency in the county,
city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school if the school includes
grade 10 or higher.
4. The principal or other person in charge of a private school shall
determine the term of each member of the school committee established
for the school. Each school committee may adopt rules for its own
management and government.
Sec. 28. 1. Each school committee shall, at least once each year,
review the plan developed for its school pursuant to section 25 of this act
and determine whether the school should deviate from the plan. Each
school committee shall, when reviewing the plan, consult with the local
social service agencies and law enforcement agencies in the county, city
or town in which its school is located. If a school committee determines
that its school should deviate from the plan, the school committee shall
notify the development committee that developed the plan, describe the
proposed deviation and explain the reason for the proposed deviation.
The school may deviate from the plan only if the deviation is approved by
the development committee pursuant to section 29 of this act.
2. Each private school shall post at the school a notice of the
completion of each review that its school committee performs pursuant to
this section.
Sec. 29. 1. A development committee that receives a proposed
deviation from a school committee pursuant to section 28 of this act
shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any information submitted with
the proposed deviation; and
(b) Notify the school committee that submitted the proposed deviation
whether the proposed deviation has been approved.
2. A development committee shall provide a copy of each deviation
that it approves pursuant to this section to the governing body of the
private school that established the committee.
Sec. 30. 1. The board shall adopt regulations setting forth
requirements for:
(a) The plan required to be developed pursuant to section 25 of this
act; and
(b) Reviewing and approving a deviation pursuant to section 29 of this
act.
2. The regulations adopted pursuant to this section must include,
without limitation, requirements concerning training and practice in
procedures for responding to a crisis.
Sec. 31. 1. If a crisis that requires immediate action occurs at a
private school, the principal or other person in charge of the private
school involved, or his designated representative, shall, in accordance
with the plan to respond to a crisis developed for the school pursuant to
section 25 of this act and in accordance with any deviation approved
pursuant to section 29 of this act, contact all appropriate local agencies
to respond to the crisis.
2. If a local agency that is responsible for responding to a crisis is
contacted pursuant to subsection 1 and the local agency determines that
the crisis requires assistance from a state agency, the local agency may:
(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 motor vehicles and public safety of the crisis and request
assistance from the division in responding to the crisis; or
(b) If a local organization for emergency management has not been
established in the city or county in which the local agency that was
contacted is located, directly notify the division of emergency
management of the department of motor vehicles and public safety of the
crisis and request assistance from the division in responding to the crisis.
3. If the division of emergency management of the department of
motor vehicles and public safety receives notification of a crisis and a
request for assistance pursuant to subsection 2 and the governor or his
designated representative determines that the crisis requires assistance
from a state agency, the division shall carry out its duties set forth in the
plan developed pursuant to section 13 of this act and its duties set forth
in chapter 414 of NRS, including, without limitation, addressing the
immediate crisis 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.
Sec. 32. A plan developed pursuant to section 25 of this act or
updated pursuant to section 26 of this act, a deviation and any
information submitted to a development committee pursuant to section 28
of this act and a deviation approved pursuant to section 29 of this act are
confidential and, except as otherwise provided in sections 13 and 20 to
33, inclusive, of this act, must not be disclosed to any person or
government, governmental agency or political subdivision of a
government.
Sec. 33. The provisions of chapter 241 of NRS do not apply to a
meeting of:
1. A development committee;
2. A school committee; or
3. The board if the meeting concerns a regulation adopted pursuant
to section 30 of this act.
Sec. 34. NRS 394.170 is hereby amended to read as follows:
394.170 1. The authorities in charge of every private school within
this state shall provide drills for the pupils in the schools at least twice in
each month during the school year to instruct those pupils in the
appropriate procedures to be followed in the event of a fire or other
emergency[.] , except a crisis governed by sections 20 to 33, inclusive, of
this act. Not more than three of those drills may include instruction in the
appropriate procedures to be followed in the event of a chemical explosion,
related emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire
departments or voluntary fire departments, the drills required by subsection
1 must be conducted under the supervision of the chief of the fire
department of the city or town.
3. The state fire marshal shall prescribe general regulations governing
the drills required by subsection 1 and shall, with the cooperation of the
superintendent of public instruction, arrange for the supervision of drills in
schools where the drills are not supervised pursuant to subsection 2.
4. A copy of this section must be kept posted in every classroom of
every private school by the principal or teacher in charge thereof.
5. The principal, teacher or other person in charge of each school
building shall cause the provisions of this section to be enforced.
6. Any violation of the provisions of this section is a misdemeanor.
Sec. 35. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the
requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of
human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state
engineer.
(k) The division of industrial relations of the department of business and
industry acting to enforce the provisions of NRS 618.375.
(l) The board to review claims in adopting resolutions to carry out its
duties pursuant to NRS 590.830.
2. Except as otherwise provided in NRS 391.323[,] and subsection 5,
the department of education, the board of the public employees’ benefits
program and the commission on professional standards in education are
subject to the provisions of this chapter for the purpose of adopting
regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the
judicial review of decisions of the employment security division of the
department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of
contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the
public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the
administrator of the securities division of the office of the secretary of
state; and
(e) NRS 90.800 for the use of summary orders in contested
cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
233B.126 do not apply to the department of human resources in the
adjudication of contested cases involving the issuance of letters of approval
for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to,
quarantine and the treatment or cleansing of infected or infested animals,
objects or premises, made under the authority of the state board of
agriculture, the state board of health, the state board of sheep
commissioners or any other agency of this state in the discharge of a
responsibility for the preservation of human or animal health or for insect
or pest control; [or]
(b) An extraordinary regulation of the state board of pharmacy adopted
pursuant to NRS 453.2184[.] ; or
(c) A regulation adopted by the state board of education pursuant to
section 12 or 30 of this act.
6. The state board of parole commissioners is subject to the provisions
of this chapter for the purpose of adopting regulations but not with respect
to any contested case.
Sec. 36. NRS 353.271 is hereby amended to read as follows:
353.271 “Disaster” means a fire, flood, earthquake, drought,
explosion, civil disturbance , crisis involving violence on school property,
at a school activity or on a school bus, or any other occurrence or
threatened occurrence that, regardless of cause:
1. Results in, or may result in, widespread or severe damage to
property or injury to or the death of persons in this state; and
2. As determined by:
(a) The governor; or
(b) The governing body of a local government pursuant to NRS 414.090
and the division pursuant to NRS 353.2753,
requires immediate action to protect the health, safety and welfare of the
residents of this state.
Sec. 37. NRS 353.2735 is hereby amended to read as follows:
353.2735 1. The disaster relief fund is hereby created as a special
revenue fund. The interim finance committee shall administer the fund.
2. The division may accept grants, gifts or donations for deposit in
the fund. Except as otherwise provided in subsection [2,] 3, money
received from:
(a) A direct legislative appropriation to the fund;
(b) A transfer of one-half of the interest earned on money in the fund to
stabilize the operation of state government made pursuant to NRS 353.288;
and
(c) A grant, gift or donation to the fund,
must be deposited in the fund. Except as otherwise provided in NRS
414.135, the interest and income earned on the money in the fund must,
after deducting any applicable charges, be credited to the fund.
[2.] 3. If, at the end of each quarter of a fiscal year, the balance in the
fund exceeds 0.75 percent of the total amount of all appropriations from
the state general fund for the operation of all departments, institutions and
agencies of state government and authorized expenditures from the state
general fund for the regulation of gaming for that fiscal year, the state
controller shall not, until the balance in the fund is 0.75 percent or less of
that amount, transfer any interest earned on money in the fund to stabilize
the operation of state government from the state general fund to the fund
pursuant to the provisions of NRS 353.288.
[3.] 4. Money in the fund may be distributed through grants and loans
to state agencies and local governments as provided in NRS 353.2705 to
353.2771, inclusive. Except as otherwise provided in NRS 353.276, such
grants will be disbursed on the basis of reimbursement of costs authorized
pursuant to NRS 353.274 and 353.2745.
[4.] 5. If the governor declares a disaster, the state board of examiners
shall estimate:
(a) The money in the fund that is available for grants and loans for the
disaster pursuant to the provisions of NRS 353.2705 to 353.2771,
inclusive; and
(b) The anticipated amount of those grants and loans for
the disaster.
Except as otherwise provided in this subsection, if the anticipated amount
determined pursuant to paragraph (b) exceeds the available money in the
fund for such grants and loans, all grants and loans from the fund for the
disaster must be reduced in the same proportion that the anticipated amount
of the grants and loans exceeds the money in the fund that is available for
grants and loans for the disaster. If the reduction of a grant or loan from the
fund would result in a reduction in the amount of money that may be
received by a state agency or local government from the Federal
Government, the reduction in the grant or loan must not be made.
Sec. 38. NRS 353.274 is hereby amended to read as follows:
353.274 Money in the fund may be distributed as a grant to a state
agency because of a disaster for the payment of expenses incurred by the
state agency for:
1. The repair or replacement of public roads, public streets, bridges,
water control facilities, public buildings, public utilities, recreational
facilities and parks owned by the state and damaged by the disaster;
2. Any emergency measures undertaken to save lives, protect public
health and safety or protect public property , including, without limitation,
an emergency measure undertaken in response to a crisis involving
violence on school property, at a school activity or on a school bus, in the
jurisdiction in which the disaster occurred;
3. The removal of debris from publicly or privately owned land and
waterways undertaken because of the disaster; and
4. The administration of a disaster assistance program.
Sec. 39. NRS 353.2745 is hereby amended to read as follows:
353.2745 Money in the fund may be distributed as a grant to a local
government because of a disaster for:
1. The payment of not more than 50 percent of the expenses incurred
by the local government for:
(a) The repair or replacement of public roads, public streets, bridges,
water control facilities, public buildings, public utilities, recreational
facilities and parks owned by the local government and damaged by the
disaster; and
(b) Any emergency measures undertaken to save lives, protect public
health and safety or protect public property , including, without limitation,
an emergency measure undertaken in response to a crisis involving
violence on school property, at a school activity or on a school bus, in the
jurisdiction in which the disaster occurred; and
2. The payment of not more than 50 percent of any grant match the
local government must provide to obtain a grant from a federal disaster
assistance agency for an eligible project to repair damage caused by the
disaster within the jurisdiction of the local government.
Sec. 40. NRS 414.035 is hereby amended to read as follows:
414.035 “Emergency management” means the preparation for and the
carrying out of all emergency functions, other than functions for which
military forces are primarily responsible, to minimize injury and repair
damage resulting from emergencies or disasters caused by enemy attack,
sabotage or other hostile action, by fire, flood, earthquake, storm or other
natural causes, or by technological or man-made catastrophes[.] ,
including, without limitation, a crisis involving violence on school
property, at a school activity or on a school bus. These functions include,
without limitation:
1. The provision of support for search and rescue operations for
persons and property in distress.
2. Organized analysis, planning and coordination of available
resources for the mitigation of, preparation for, response to or recovery
from emergencies or disasters.
Sec. 41. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created the emergency assistance account
within the disaster relief fund created pursuant to NRS 353.2735.
Beginning with the fiscal year that begins on July 1, 1999, the state
controller shall, at the end of each fiscal year, transfer the interest earned
during the previous fiscal year on the money in the disaster relief fund to
the account in an amount not to exceed $500,000.
2. The division of emergency management of the department of motor
vehicles and public safety shall administer the account. The division may
adopt regulations authorized by this section before, on or after July 1,
1999.
3. All expenditures from the account must be approved in advance by
the division. Except as otherwise provided in subsection 4, all money in the
account must be expended solely to:
(a) 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; and
(b) Pay any actual expenses incurred by the division for administration
during a natural, technological or man-made emergency or disaster.
4. Beginning with the fiscal year that begins on July 1, 1999, if any
balance remains in the account at the end of a fiscal year and the balance
has not otherwise been committed for expenditure, the division may, with
the approval of the interim finance committee, allocate all or any portion of
the remaining balance, not to exceed $250,000, to this state or to a local
government to:
(a) Purchase equipment or supplies required for emergency
management; [and]
(b) Provide training to personnel related to emergency management [.] ;
and
(c) Carry out the provisions of sections 2 to 16, inclusive, of this act.
5. 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
account for the previous quarter.
6. The division shall adopt such regulations as are necessary to
administer the account.
7. The division may adopt regulations to provide for reimbursement of
expenditures made from the account. If the division requires such
reimbursement, the attorney general shall take such action as is necessary
to recover the amount of any unpaid reimbursement plus interest at a rate
determined pursuant to NRS 17.130, computed from the date on which the
money was removed from the fund, upon request by the division.
Sec. 42. This act becomes effective on July 1, 2001.
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