AB553 - Transfers the Division of Emergency Management of the Office of the Military to the Office of the Governor. (BDR 18-1126)

- 83rd Session (2025) Assembly Bill No. 553–Committee on Ways and Means CHAPTER.......... AN ACT relating to emergency management; transferring the Division of Emergency Management and its powers and duties from the Office of the Military to the Office of the Governor; renaming the Division of Emergency Management to the Office of Emergency Management; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Division of Emergency Management in the Office of the Military. (NRS 414.040) Existing law requires the Division to carry out various duties relating to emergencies, disasters and homeland security, including, providing assistance to the Nevada Commission on Homeland Security and the Nevada Resiliency Advisory Committee, coordinating with schools in this State concerning crisis, disaster and emergency preparation and response and administering the Nevada Intrastate Mutual Aid System. (Chapter 239C of NRS, NRS 388.1324, 388.229-388.266, 394.168-394.1699, 414.040, 414A.100) Sections 39 and 43 of this bill: (1) transfer the Division to the Office of the Governor; and (2) rename the Division to the Office of Emergency Management. Sections 40 and 43 of this bill reorganize the duties of the Office to execute, administer and enforce certain provisions of existing law relating to emergency management and the Nevada Intrastate Mutual Aid System. Section 40 also removes the duty of the Office of the Military to supervise the emergency management affairs of this State. Sections 1, 2, 5, 6, 8-16, 19-38, 42, 44-50, 53-57 and 60-71 of this bill revise references of the Division to the Office. Existing law requires the Adjutant General of the Office of the Military to appoint the Chief of the Division and provides that the Chief must carry out the program for emergency management in this State subject to the direction and control of the Adjutant General. (NRS 414.040) Section 43 provides that the Chief of the Office is appointed by, serves at the pleasure of and must carry out the program of emergency management subject to the direction and control of the Governor. Existing law authorizes the Adjutant General to employ such persons in the classified service of the State as the Adjutant General determines to be necessary to carry out the duties of the Commission. (NRS 239C.175) Section 7 of this bill authorizes the Chief of the Office to employ such persons to carry out the duties of the Commission. Existing law authorizes the Adjutant General to supervise and control certain activities of the Chief of the Division, including administering the Nevada Intrastate Mutual Aid System. (NRS 239C.400, 414A.100) Sections 12 and 53 instead authorize the Governor to supervise and control such activities. Sections 3, 17, 41, 51 and 58 of this bill make conforming changes to define the term “Office” to mean the Office of Emergency Management. Section 4 of this bill applies the definitions in existing law and section 3 to existing provisions governing homeland security. Section 18 of this bill applies the definitions in existing law and section 17 to existing provisions governing the Disaster Relief Account. Section 52 of this bill applies the definitions in existing law and section 51 to existing provisions governing the Nevada Intrastate Mutual Aid System. – 2 – - 83rd Session (2025) Section 59 of this bill applies the definitions in existing law and section 58 to existing provisions governing emergency volunteer health practitioners. Section 74 of this bill repeals: (1) certain provisions that define the Division of Emergency Management; and (2) the authority of the Adjutant General to appoint a Chief of the Division. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 232.3532 is hereby amended to read as follows: 232.3532 1. The Department shall develop a written plan to address behavioral health needs in an emergency or disaster. Such a plan must, without limitation: (a) Prescribe a process for assessing the need for behavioral health resources during or after an emergency or disaster based on the estimated impact of the emergency or disaster and the estimated depletion of resources during the emergency or disaster; (b) Ensure continuity of services for existing patients with a mental illness, developmental disability or intellectual disability during an emergency or disaster; (c) Prescribe strategies to deploy triage and psychological first- aid services during an emergency or disaster; (d) Identify opportunities for the rendering of mutual aid during an emergency or disaster; (e) Prescribe procedures to address the behavioral health needs of first responders during and after an emergency or disaster; and (f) Prescribe measures to aid the recovery of the behavioral health system after an emergency or disaster. 2. On or before December 31 of each year, the Department shall: (a) Review the plan developed pursuant to subsection 1 and revise the plan as necessary; and (b) Transmit the plan to the Chief of the [Division] Office of Emergency Management [of] within the Office of the [Military.] Governor. 3. As used in this section: (a) “Disaster” has the meaning ascribed to it in NRS 414.0335. (b) “Emergency” has the meaning ascribed to it in NRS 414.0345. – 3 – - 83rd Session (2025) Sec. 2. NRS 233F.170 is hereby amended to read as follows: 233F.170 In the event of any emergency, the Governor may direct the [Division] Office of Emergency Management [of] within the Office of the [Military] Governor to assume control over all or part of the state communications system. Sec. 3. Chapter 239C of NRS is hereby amended by adding thereto a new section to read as follows: “Office” means the Office of Emergency Management within the Office of the Governor. Sec. 4. NRS 239C.020 is hereby amended to read as follows: 239C.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 239C.030 to 239C.110, inclusive, and section 3 of this act have the meanings ascribed to them in those sections. Sec. 5. NRS 239C.120 is hereby amended to read as follows: 239C.120 1. The Nevada Commission on Homeland Security is hereby created. 2. The Governor shall appoint to the Commission 16 voting members that the Governor determines to be appropriate and who serve at the Governor’s pleasure, which must include at least: (a) The sheriff of each county whose population is 100,000 or more. (b) The chief of the county fire department in each county whose population is 100,000 or more. (c) A member of the medical community in a county whose population is 700,000 or more. (d) An employee of the largest incorporated city in each county whose population is 700,000 or more. (e) A representative recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, to represent tribal governments in Nevada. (f) The Director of the Department of Public Safety or his or her designee. 3. The Governor shall appoint the President and CEO, or his or her designee, of the Nevada Broadcasters Association, or its successor organization, to serve as an ex officio voting member of the Commission. 4. The Governor shall appoint: (a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State; (b) The agent in charge of the office of the Federal Bureau of Investigation in this State; – 4 – - 83rd Session (2025) (c) The Chief of the [Division;] Office; and (d) The Administrator of the Nevada Office of Cyber Defense Coordination appointed pursuant to NRS 480.920,  as nonvoting members of the Commission. 5. The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission. 6. The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission. 7. The term of office of each member of the Commission who is a Legislator is 2 years. 8. The Governor or his or her designee shall: (a) Serve as Chair of the Commission; and (b) Appoint a member of the Commission to serve as Vice Chair of the Commission. Sec. 6. NRS 239C.160 is hereby amended to read as follows: 239C.160 The Commission shall, within the limits of available money: 1. Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, tribal governments, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies. 2. Upon consideration of the most recent statewide strategic plan prepared by the Nevada Office of Cyber Defense Coordination pursuant to NRS 480.930, make recommendations to the Governor, through the [Division,] Office, on the use of money received by the State from any homeland security grant or related program, including, without limitation, the State Homeland Security Grant Program and Urban Area Security Initiative, in accordance with the following: (a) The [Division] Office shall provide the Commission with program guidance and briefings; (b) The Commission must be provided briefings on existing and proposed projects, and shall consider statewide readiness capabilities and priorities for the use of money, administered by the [Division,] Office, from any homeland security grant or related program; (c) The Commission shall serve as the public body which reviews and makes recommendations for the State’s applications to the Federal Government for homeland security grants or related programs, as administered by the [Division;] Office; and – 5 – - 83rd Session (2025) (d) The Commission shall serve as the public body which recommends, subject to approval by the Governor, the distribution of money from any homeland security grant or related program for use by state, local and tribal government agencies and private sector organizations. 3. Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State. 4. With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities: (a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and (b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies. 5. Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies. 6. Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall: (a) Establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State; and (b) Advise and make recommendations to the Governor relative to the compatibility and interoperability of those systems when used by response agencies within this State, with particular emphasis upon the compatibility and interoperability of public safety radio systems. – 6 – - 83rd Session (2025) 7. Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service. 8. To the extent practicable, cooperate and coordinate with the [Division] Office to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies. 9. Submit an annual briefing to the Governor assessing the preparedness of the State to counteract, prevent and respond to potential acts of terrorism and related emergencies, including, but not limited to, an assessment of response plans and vulnerability assessments of utilities, public entities and private business in this State. The briefing must be based on information and documents reasonably available to the Commission and must be compiled with the advice of the [Division] Office after all utilities, public entities and private businesses assessed have a reasonable opportunity to review and comment on the Commission’s findings. 10. Perform any other acts related to their duties set forth in subsections 1 to 9, inclusive, that the Commission determines are necessary to protect or enhance: (a) The safety and security of the State of Nevada; (b) The safety of residents of the State of Nevada; and (c) The safety of visitors to the State of Nevada. Sec. 7. NRS 239C.175 is hereby amended to read as follows: 239C.175 1. The [Adjutant General] Chief of the Office [of the Military] may employ such persons in the classified service of the State as the [Adjutant General] Chief determines to be necessary to carry out the duties of the Commission, including, without limitation, an Executive Assistant to the Commission, a Policy Analyst to the Commission, a Grant Analyst to the Commission and a Specialist in Public Information to the Commission. 2. If the [Adjutant General] Chief of the Office [of the Military] employs persons pursuant to subsection 1, the salaries for those positions must be paid from the State General Fund or from money received as grants from t [Text truncated for display. Full text available on LegiScan.]