2005 Nevada Revised Statutes - Chapter 414 — Emergency Management

CHAPTER 414 - EMERGENCY MANAGEMENT

GENERAL PROVISIONS

NRS 414.020 Policyand purpose.

NRS 414.030 Definitions.

NRS 414.031 Boarddefined.

NRS 414.0315 Chiefdefined.

NRS 414.032 Committeedefined.

NRS 414.033 Coordinatordefined.

NRS 414.0335 Disasterdefined.

NRS 414.0345 Emergencydefined.

NRS 414.035 Emergencymanagement defined.

NRS 414.036 Localorganization for emergency management defined.

NRS 414.037 Mobile support unit defined.

NRS 414.038 Politicalsubdivision defined.

NRS 414.040 Divisionof Emergency Management: Creation; Chief; powers and duties.

NRS 414.060 Powersand duties of Governor.

NRS 414.070 Additionalpowers of Governor during emergency or disaster.

NRS 414.080 Mobile support unit.

NRS 414.090 Localorganization for emergency management; powers of political subdivision in eventof emergency or disaster.

NRS 414.100 Agreementsfor reciprocal aid.

NRS 414.110 Immunityand exemption.

NRS 414.120 Limitationon liability of private persons.

NRS 414.130 Appropriations;acceptance of services, gifts, grants and loans.

NRS 414.135 EmergencyAssistance Subaccount: Creation; administration by Division of EmergencyManagement; expenditures; report; regulations.

NRS 414.140 Utilizationof existing services and facilities.

NRS 414.150 Personserving in organization for emergency management: Prohibited advocacy;subversive acts; oath.

NRS 414.160 Enforcementof orders and regulations.

SEARCH AND RESCUE

NRS 414.170 Boardof Search and Rescue: Creation; members; terms.

NRS 414.180 Boardof Search and Rescue: Duties.

NRS 414.190 Boardof Search and Rescue: Regulations.

NRS 414.200 Coordinatorof Search and Rescue: Appointment.

NRS 414.210 Coordinatorof Search and Rescue: Duties.

NRS 414.220 Committeeon Training in Search and Rescue: Creation; members.

NRS 414.230 Committeeon Training in Search and Rescue: Duties.

NRS 414.240 Committeeon Training in Search and Rescue: Regulations.

NRS 414.250 Membershipin volunteer search and rescue or reserve unit of sheriffs department or CivilAir Patrol: Disclosure by employee or prospective employee required; notice ofemployers refusal to allow participation during working hours.

NRS 414.260 Membershipin volunteer search and rescue or reserve unit of sheriffs department or CivilAir Patrol: Discharge of employee for membership prohibited; exceptions; civilremedy.

STATE DISASTER IDENTIFICATION TEAM

NRS 414.270 Establishment;assignment and activation of members.

NRS 414.280 Duties.

NRS 414.290 Accessto certain records and information when carrying out duties.

NRS 414.300 Regulations.

_________

 

GENERAL PROVISIONS

NRS 414.020 Policyand purpose.

1. Because of the existing and increasing possibilityof the occurrence of emergencies or disasters of unprecedented size and destructivenessresulting from enemy attack, sabotage or other hostile action, from a fire,flood, earthquake, storm or other natural causes, or from technological orman-made catastrophes, and in order to ensure that the preparations of thisstate will be adequate to deal with such emergencies or disasters, andgenerally to provide for the common defense and to protect the public welfare,and to preserve the lives and property of the people of the State, it is herebyfound and declared to be necessary:

(a) To create a state agency for emergency managementand to authorize the creation of local organizations for emergency managementin the political subdivisions of the State.

(b) To confer upon the Governor and upon the executiveheads or governing bodies of the political subdivisions of the State theemergency powers provided in this chapter.

(c) To assist with the rendering of mutual aid amongthe political subdivisions of the State and with other states and to cooperatewith the Federal Government with respect to carrying out the functions ofemergency management.

2. It is further declared to be the purpose of thischapter and the policy of the State that all functions of emergency managementin this state be coordinated to the maximum extent with the comparablefunctions of the Federal Government, including its various departments andagencies, of other states and localities and of private agencies of every type,providing for the most effective preparation and use of the nations man power,resources and facilities for dealing with any emergency or disaster that mayoccur.

[2:293:1953](NRS A 1965, 340; 1983, 167; 1999, 1242)

NRS 414.030 Definitions. As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, have the meaningsascribed to them in those sections.

[3:293:1953](NRS A 1983, 168, 1353; 1993, 1614)

NRS 414.031 Boarddefined. Board means the Board of Search andRescue.

(Added to NRS by 1983, 1351)

NRS 414.0315 Chiefdefined. Chief means the Chief of theDivision of Emergency Management of the Department of Public Safety.

(Added to NRS by 1993, 1614; A 2001, 2606)

NRS 414.032 Committeedefined. Committee means the Committee onTraining in Search and Rescue.

(Added to NRS by 1983, 1351)

NRS 414.033 Coordinatordefined. Coordinator means the Coordinatorof Search and Rescue.

(Added to NRS by 1983, 1351)

NRS 414.0335 Disasterdefined. Disaster means an occurrence orthreatened occurrence for which, in the determination of the Governor, theassistance of the Federal Government is needed to supplement the efforts andcapabilities of state agencies to save lives, protect property and protect thehealth and safety of persons in this state, or to avert the threat of damage toproperty or injury to or the death of persons in this state.

(Added to NRS by 1999, 1241)

NRS 414.0345 Emergencydefined. Emergency means an occurrence orthreatened occurrence for which, in the determination of the Governor, the assistanceof state agencies is needed to supplement the efforts and capabilities of politicalsubdivisions to save lives, protect property and protect the health and safetyof persons in this state, or to avert the threat of damage to property orinjury to or the death of persons in this state.

(Added to NRS by 1999, 1242)

NRS 414.035 Emergency management defined. Emergency management means the preparation for and thecarrying out of all emergency functions, other than functions for whichmilitary forces are primarily responsible, to minimize injury and repair damageresulting from emergencies or disasters caused by enemy attack, sabotage orother hostile action, by fire, flood, earthquake, storm or other naturalcauses, or by technological or man-made catastrophes, including, withoutlimitation, a crisis involving violence on school property, at a schoolactivity or on a school bus. These functions include, without limitation:

1. Theprovision of support for search and rescue operations for persons and propertyin distress.

2. Organized analysis, planning and coordination ofavailable resources for the mitigation of, preparation for, response to orrecovery from emergencies or disasters.

(Added to NRS by 1983, 1351; A 1999, 1242; 2001, 1337)

NRS 414.036 Localorganization for emergency management defined. Localorganization for emergency management means an organization created inaccordance with the provisions of this chapter by state or local authority toperform local functions of emergency management.

(Added to NRS by 1983, 1352)

NRS 414.037 Mobilesupport unit defined. Mobile support unitmeans an organization for emergency management created in accordance with theprovisions of this chapter by state or local authority to be dispatched by theGovernor to supplement local organizations for emergency management in astricken area.

(Added to NRS by 1983, 1352)

NRS 414.038 Politicalsubdivision defined. Political subdivisionmeans a city or county.

(Added to NRS by 1983, 1352)

NRS 414.040 Divisionof Emergency Management: Creation; Chief; powers and duties.

1. A Division of Emergency Management is herebycreated within the Department of Public Safety. The Chief of the Division isappointed by and holds office at the pleasure of the Director of the Departmentof Public Safety. The Division is the State Agency for Emergency Management andthe State Agency for Civil Defense for the purposes of the Compact ratified bythe Legislature pursuant to NRS 415.010.The Chief is the States Director of Emergency Management and the StatesDirector of Civil Defense for the purposes of that Compact.

2. The Chief may employ technical, clerical,stenographic and other personnel as may be required, and may make suchexpenditures therefor and for other expenses of his office within theappropriation therefor, or from other money made available to him for purposesof emergency management, as may be necessary to carry out the purposes of thischapter.

3. The Chief, subject to the direction and control ofthe Director, shall carry out the program for emergency management in thisstate. He shall coordinate the activities of all organizations for emergencymanagement within the State, maintain liaison with and cooperate with agenciesand organizations of other states and of the Federal Government for emergencymanagement and carry out such additional duties as may be prescribed by theDirector.

4. The Chief shall assist in the development ofcomprehensive, coordinated plans for emergency management by adopting anintegrated process, using the partnership of governmental entities, businessand industry, volunteer organizations and other interested persons, for themitigation of, preparation for, response to and recovery from emergencies ordisasters. In adopting this process, he shall conduct activities designed to:

(a) Eliminate or reduce the probability that anemergency will occur or to reduce the effects of unavoidable disasters;

(b) Prepare state and local governmental agencies,private organizations and other persons to be capable of respondingappropriately if an emergency or disaster occurs by fostering the adoption ofplans for emergency operations, conducting exercises to test those plans,training necessary personnel and acquiring necessary resources;

(c) Test periodically plans for emergency operations toensure that the activities of state and local governmental agencies, privateorganizations and other persons are coordinated;

(d) Provide assistance to victims, prevent furtherinjury or damage to persons or property and increase the effectiveness ofrecovery operations; and

(e) Restore the operation of vital communitylife-support systems and return persons and property affected by an emergencyor disaster to a condition that is comparable to or better than what existedbefore the emergency or disaster occurred.

5. The Division shall perform the duties requiredpursuant to NRS 353.2753 at the requestof a state agency or local government.

[4:293:1953](NRS A 1959, 787; 1961, 657; 1963, 1332;1965, 341, 704; 1967, 1497; 1971, 1436; 1981, 673, 1280, 1286; 1983, 168; 1993,825, 1614; 1995, 579; 1999,44, 1243, 3120; 2001, 225, 2606)

NRS 414.060 Powersand duties of Governor.

1. TheGovernor is responsible for carrying out the provisions of this chapter, and inthe event of an emergency or disaster beyond local control, may assume directoperational control over all or any part of the functions of emergencymanagement within this state.

2. Inperforming his duties under this chapter, the Governor may cooperate with theFederal Government, with other states and with private agencies in all matterspertaining to emergency management in this state and the nation.

3. In performinghis duties under this chapter and to effect its policy and purpose, theGovernor may:

(a) Make, amendand rescind the necessary orders and regulations to carry out the provisions ofthis chapter within the limits of the authority conferred upon him in thischapter, with due consideration of the plans provided by the Federal Government.

(b) Prepare acomprehensive state emergency management plan and develop a program foremergency management in this state to be integrated into and coordinated withthe plans of the Federal Government and of other states for emergencymanagement to the fullest possible extent, and coordinate the preparation ofplans and programs for emergency management by the political subdivisions ofthis state to be integrated into and coordinated with the plan and program ofthis state to the fullest possible extent.

(c) Inaccordance with the plan and program for the emergency management in thisstate, procure supplies and equipment, institute planning, training andexercise programs, carry out public information programs, and take all otherpreparatory steps, including the partial or full mobilization of organizationsfor emergency management in advance of an actual emergency or disaster, toensure the availability of adequately trained and equipped forces in time ofneed.

(d) Make suchstudies and surveys of industries, resources and facilities in this state asmay be necessary to ascertain the capabilities of the State for emergencymanagement and plan for the most efficient use thereof.

(e) On behalfof this state, enter into mutual aid agreements with other states andcoordinate mutual aid plans between political subdivisions of this state.

(f) Delegateany administrative authority vested in him under this chapter, and provide forthe subdelegation of any such authority.

(g) Cooperatewith the President of the United States and the heads of the Armed Forces, theagency of the United States for emergency management and other appropriatefederal officers and agencies, and with the officers and agencies of otherstates in matters pertaining to emergency management in the State and nation,including the direction or control of:

(1) Mobilizingforces for emergency management and other tests and exercises.

(2) Mechanicaldevices to be used in connection with warnings and signals for emergencies ordisasters.

(3) Theeffective screening or extinguishing of all lights and lighting devices andappliances.

(4) Coordinatingthe efforts of all public utilities in terminating and restoring service to thegeneral public during an emergency or disaster.

(5) Theconduct of the general public and the movement and cessation of movement of pedestriansand vehicular traffic during, before and after exercises or an emergency ordisaster.

(6) Publicmeetings or gatherings.

(7) The evacuation and reception of the generalpublic during an attack or an emergency or disaster.

[6:293:1953](NRS A 1965, 342; 1981, 674; 1983, 169; 1999, 1244)

NRS 414.070 Additional powers of Governor duringemergency or disaster. The provisions of thissection are operative only during the existence of a state of emergency ordeclaration of disaster. The existence of such an emergency or disaster may beproclaimed by the Governor or by resolution of the Legislature if the Governorin his proclamation, or the Legislature in its resolution, finds that an attackupon the United States has occurred or is anticipated in the immediate future,or that a natural, technological or man-made emergency or disaster of majorproportions has actually occurred within this state, and that the safety andwelfare of the inhabitants of this state require an invocation of theprovisions of this section. Any such emergency or disaster, whether proclaimedby the Governor or by the Legislature, terminates upon the proclamation of thetermination thereof by the Governor, or the passage by the Legislature of aresolution terminating the emergency or disaster. During the period when astate of emergency or declaration of disaster exists or continues, the Governormay exercise the following additional powers:

1. To enforceall laws and regulations relating to emergency management and to assume directoperational control of any or all forces, including, without limitation,volunteers and auxiliary staff for emergency management in the State.

2. To sell,lend, lease, give, transfer or deliver materials or perform services for thepurpose of emergency management on such terms and conditions as the Governorprescribes and without regard to the limitations of any existing law, and to accountto the State Treasurer for any funds received for such property.

3. To procure,by purchase, condemnation, seizure or other means, construct, lease, transport,store, maintain, renovate or distribute materials and facilities for emergencymanagement without regard to the limitations of any existing law. He shall makecompensation for the property so seized, taken or condemned on the followingbasis:

(a) If propertyis taken for temporary use, the Governor, within 90 days after the taking,shall fix the amount of compensation to be paid therefor. If the property isreturned to the owner in a damaged condition, or is not returned to the owner,the Governor shall fix within 90 days the amount of compensation to be paid forthe damage or failure to return the property. Whenever the Governor deems itadvisable for the State to take title to property taken under this section, heshall forthwith cause the owner of such property to be notified thereof inwriting by registered or certified mail, postage prepaid, or by the best meansavailable, and forthwith cause to be filed a copy of the notice with theSecretary of State.

(b) Within the90-day period prescribed in paragraph (a), the Governor shall make an offer inwriting to the person or persons entitled to receive it of the amount of moneyproposed to be paid as full compensation. If the offer is accepted, the moneymust be paid out of such fund, funds or other sources as are available and nofurther action either in law or in equity may ever be maintained in connectiontherewith. If the offer of payment is refused, the person or persons entitledthereto have the same rights as plaintiffs in actions of eminent domain insofaras the fixing of damages and compensation is concerned, NRS 37.060, 37.070, 37.080and 37.090, so far as applicable, apply,and proceedings must be had in conformity therewith so far as possible. Suchaction must be commenced within 1 year after the receipt of the offer ofsettlement from the Governor.

4. To providefor and compel the evacuation of all or part of the population from anystricken or threatened area or areas within the State and to take such steps asare necessary for the receipt and care of those persons.

5. Subject tothe provisions of the State Constitution, to remove from office any publicofficer having administrative responsibilities under this chapter for willfulfailure to obey an order or regulation adopted pursuant to this chapter. Suchremoval must be upon charges after service upon the officer of a copy of thecharges and after giving him an opportunity to be heard in his defense. Pendingthe preparation and disposition of charges, the Governor may suspend theofficer for a period not exceeding 30 days. A vacancy resulting from removal orsuspension pursuant to this section must be filled as provided by law.

6. To perform and exercise such other functions,powers and duties as are necessary to promote and secure the safety andprotection of the civilian population.

[7:293:1953](NRS A 1983, 170; 1999, 1245)

NRS 414.080 Mobilesupport unit.

1. The Governor or his duly designated representativemay create and establish such number of mobile support units as may benecessary to reinforce organizations for emergency management in stricken areasand with due consideration of the plans of the Federal Government and of otherstates. He may appoint a commander for each such unit who has primary responsibilityfor the organization, administration and operation of the unit. Mobile supportunits may be called to duty upon orders of the Governor and shall perform theirfunctions in any part of the State, or, upon the conditions specified in thissection, in other states.

2. Personnel of mobile support units while on duty,whether within or without the State:

(a) If they are employees of the State, have thepowers, duties, rights, privileges and immunities and receive the compensationincidental to their employment.

(b) If they are employees of a political subdivision ofthe State, and whether serving within or without that political subdivision,have the powers, duties, rights, privileges and immunities and receive thecompensation incidental to their employment.

(c) If they are not employees of the State or apolitical subdivision thereof, are entitled to compensation by the State at $10per day and to the same rights and immunities as are provided by law for theemployees of the State. All personnel of mobile support units, while on duty,are subject to the operational control of the authority in charge of activitiesfor emergency management in the area in which they are serving, and must bereimbursed for all actual and necessary travel and subsistence expenses.

3. The State may reimburse a political subdivision forthe compensation paid and actual and necessary travel, subsistence andmaintenance expenses of employees of such political subdivision while servingas members of a mobile support unit, for all payments for death, disability orinjury of such employees incurred in the course of duty, and for all losses ofor damage to supplies and equipment of the political subdivision resulting fromthe operation of such mobile support unit.

[8:293:1953](NRS A 1983, 172)

NRS 414.090 Localorganization for emergency management; powers of political subdivision in eventof emergency or disaster.

1. Eachpolitical subdivision of this state may establish a local organization foremergency management in accordance with the state emergency management plan andprogram for emergency management. Such a political subdivision may confer orauthorize the conferring upon members of the auxiliary police the powers ofpolice officers, subject to such restrictions as it imposes. Each local organizationfor emergency management must have a director who must be appointed by theexecutive officer or governing body of the political subdivision, and who hasdirect responsibility for the organization, administration and operation of thelocal organization for emergency management subject to the direction andcontrol of the executive officer or governing body. Each local organization foremergency management shall perform functions of emergency management within theterritorial limits of the political subdivision within which it is organized,and, in addition, shall conduct such functions outside of such territoriallimits as may be required pursuant to the provisions of NRS 414.100.

2. In carrying out the provisions of this chapter,each political subdivision in which any emergency or disaster described in NRS 414.020 occurs may enter into contractsand incur obligations necessary to combat such an emergency or disaster,protect the health and safety of persons and property and provide emergencyassistance to the victims of such an emergency or disaster. Each politicalsubdivision may exercise the powers vested under this section in the light ofthe exigencies of the extreme emergency or disaster without regard totime-consuming procedures and formalities prescribed by law, exceptconstitutional requirements, pertaining to the performance of public work,entering into contracts, the incurring of obligations, the employment oftemporary workers, the rental of equipment, the purchase of supplies andmaterials, the levying of taxes, and the appropriation and expenditure ofpublic funds.

[9:293:1953](NRS A 1983, 172; 1999, 1246)

NRS 414.100 Agreementsfor reciprocal aid. The director of each localorganization for emergency management may, in collaboration with other publicand private agencies within this State, develop or cause to be developedagreements for reciprocal aid and assistance in case of an emergency ordisaster for which the local organization requires such assistance. Suchagreements must be consistent with the States emergency management plan andprogram for emergency management, and in time of emergency or disaster eachlocal organization for emergency management shall render assistance inaccordance with the provisions of such agreements.

[10:293:1953](NRS A 1983, 173; 1999, 1247)

NRS 414.110 Immunityand exemption.

1. Allfunctions under this chapter and all other activities relating to emergencymanagement are hereby declared to be governmental functions. Neither the Statenor any political subdivision thereof nor other agencies of the State orpolitical subdivision thereof, nor except in cases of willful misconduct, grossnegligence, or bad faith, any worker complying with or reasonably attempting tocomply with this chapter, or any order or regulation adopted pursuant to the provisionsof this chapter, or pursuant to any ordinance relating to any necessaryemergency procedures or other precautionary measures enacted by any politicalsubdivision of the State, is liable for the death of or injury to persons, orfor damage to property, as a result of any such activity. The provisions ofthis section do not affect the right of any person to receive benefits to whichhe would otherwise be entitled under this chapter, or under the provisions of chapters 616A to 616D,inclusive, or chapter 617 of NRS, or under anypension law, nor the right of any such person to receive any benefits orcompensation pursuant to any act of Congress.

2. Anyrequirement for a license to practice any professional, mechanical or otherskill does not apply to any authorized worker who, in the course of performinghis duties as such, practices that professional, mechanical or other skillduring an emergency or disaster.

3. As used in this section, worker includes, withoutlimitation, any full-time or part-time paid, volunteer or auxiliary employee ofthis State, of any political subdivision thereof, of other states, territories,possessions or the District of Columbia, of the Federal Government, of anyneighboring country, or of any political subdivision thereof, or of any agencyor organization, performing services for emergency management at any place inthis State subject to the order or control of, or pursuant to a request of, theState Government or any political subdivision thereof.

[11:293:1953](NRS A 1983, 173; 1999, 236, 1247)

NRS 414.120 Limitationon liability of private persons. Any person owningor controlling real property or other premises who voluntarily and without compensationgrants a license or privilege, or otherwise permits the designation or use ofthe whole or any part or parts of such real property or premises to shelterpersons during an actual, impending, mock or practice attack, or during anemergency or disaster as described in NRS414.020, and his successors in interest, if any, are not civilly liable fornegligently causing the death of, or injury to, any person on or about suchreal property or premises, or for loss of, or damage to, the property of such aperson.

[12:293:1953](NRS A 1999, 1248)

NRS 414.130 Appropriations;acceptance of services, gifts, grants and loans.

1. Each political subdivision may make appropriationsin the manner provided by law for making appropriations for the ordinaryexpenses of the political subdivision for the payment of expenses of its localorganization for emergency management.

2. Whenever the Federal Government or any agency orofficer thereof offers to the State, or through the State to any politicalsubdivision thereof, services, equipment, supplies, materials, or money by wayof gift, grant or loan, for purposes of emergency management, the State, actingthrough the Governor and, if the provisions of NRS 353.335 require it, with the approvalof the Interim Finance Committee, or such political subdivision, acting withthe consent of the Governor and through its executive officer or governingbody, may accept the offer, and upon acceptance the Governor of the State orexecutive officer or governing body of the political subdivision may authorizeany officer of the State or of the political subdivision, as the case may be,to receive the services, equipment, supplies, materials, or money on behalf ofthe State or political subdivision, subject to the terms of the offer and therules and regulations, if any, of the agency making the offer.

3. Whenever any person, firm or corporation offers tothe State or to any political subdivision thereof services, equipment,supplies, materials, or money by way of gift, grant or loan, for purposes ofemergency management, the State, acting through the Governor and, if theprovisions of NRS 353.335 require it,with the approval of the Interim Finance Committee, or a political subdivision,acting through its executive officer or governing body, may accept the offer,and upon acceptance the Governor of the State or executive officer or governingbody of the political subdivision may authorize any officer of the State or ofthe political subdivision, as the case may be, to receive the services, equipment,supplies, materials, or money on behalf of the State or the politicalsubdivision, subject to the terms of the offer.

[13:293:1953](NRS A 1979, 620; 1983, 174)

NRS 414.135 EmergencyAssistance Subaccount: Creation; administration by Division of EmergencyManagement; expenditures; report; regulations.

1. There is hereby created the Emergency AssistanceSubaccount within the Disaster Relief Account created pursuant to NRS 353.2735. Beginning with the fiscalyear that begins on July 1, 1999, the State Controller shall, at the end ofeach fiscal year, transfer the interest earned during the previous fiscal yearon the money in the Disaster Relief Account to the Subaccount in an amount notto exceed $500,000.

2. The Division of Emergency Management of theDepartment of Public Safety shall administer the Subaccount. The Division mayadopt regulations authorized by this section before, on or after July 1, 1999.

3. All expenditures from the Subaccount must beapproved in advance by the Division. Except as otherwise provided in subsection4, all money in the Subaccount must be expended solely to:

(a) Provide supplemental emergency assistance to thisstate or to local governments in this state that are severely and adverselyaffected by a natural, technological or man-made emergency or disaster forwhich available resources of this state or the local government are inadequateto provide a satisfactory remedy; and

(b) Pay any actual expenses incurred by the Divisionfor administration during a natural, technological or man-made emergency ordisaster.

4. Beginning with the fiscal year that begins on July1, 1999, if any balance remains in the Subaccount at the end of a fiscal yearand the balance has not otherwise been committed for expenditure, the Divisionmay, with the approval of the Interim Finance Committee, allocate all or anyportion of the remaining balance, not to exceed $250,000, to this state or to alocal government to:

(a) Purchase equipment or supplies required foremergency management;

(b) Provide training to personnel related to emergencymanagement; and

(c) Carry out the provisions of NRS 392.600 to 392.656, inclusive.

5. Beginning with the fiscal year that begins on July1, 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 fromthe Subaccount for the previous quarter.

6. The Division shall adopt such regulations as arenecessary to administer the Subaccount.

7. The Division may adopt regulations to provide forreimbursement of expenditures made from the Subaccount. If the Divisionrequires such reimbursement, the Attorney General shall take such action as isnecessary to recover the amount of any unpaid reimbursement plus interest at arate determined pursuant to NRS 17.130,computed from the date on which the money was removed from the Account, uponrequest by the Division.

(Added to NRS by 1997, 2543; A 1999, 1248, 3121; 2001, 1337, 2607; 2003, 180; 2003, 20thSpecial Session, 206)

NRS 414.140 Utilizationof existing services and facilities. Incarrying out the provisions of this chapter, the Governor and the executiveofficers or governing bodies of the political subdivisions of the State shallutilize the services, equipment, supplies and facilities of existingdepartments, offices and agencies of the State and of the politicalsubdivisions thereof to the maximum extent practicable, and the officers andpersonnel of all such departments, offices and agencies are directed to cooperatewith and extend such services and facilities upon request to the Governor andto the organizations of the State for emergency management.

[14:293:1953](NRS A 1983, 175)

NRS 414.150 Personserving in organization for emergency management: Prohibited advocacy;subversive acts; oath.

1. No person may be employed or associated in anycapacity in any organization for emergency management established under thischapter, who advocates or has advocated a change by force or violence in theconstitutional form of the Government of the United States or in this state orthe overthrow of any government in the United States by force or violence, orwho has been convicted of or is under indictment or information charging anysubversive act against the United States.

2. Each person who is appointed to serve in anorganization for emergency management must, before entering upon his duties,take an oath, in writing, before a person authorized to administer oaths inthis state, which oath must be substantially as follows:

 

I, ........................., do solemnly swear (oraffirm) that I will support and defend the Constitution of the United Statesand the Constitution of the State of Nevada against all enemies, foreign anddomestic; that I will bear true faith and allegiance to the same; that I takethis obligation freely, without any mental reservation or purpose of evasion;and that I will well and faithfully discharge the duties upon which I am aboutto enter.

And I do further swear (or affirm) that I do not advocate,nor am I a member of any political party or organization that advocates theoverthrow of the Government of the United States or of this state by force orviolence; and that during such time as I am a member of the (name oforganization for emergency management), I will not advocate nor become a memberof any political party or organization that advocates the overthrow of theGovernment of the United States or of this state by force or violence.

 

[15:293:1953](NRS A 1983, 175)

NRS 414.160 Enforcementof orders and regulations. Every organizationfor emergency management established pursuant to this chapter and the officersthereof shall execute and enforce such orders and regulations as may be made bythe Governor under authority of this chapter. Each such organization shall haveavailable for inspection at its office all orders and regulations made by theGovernor, or under his authority.

[17:293:1953](NRS A 1983, 175)

SEARCH AND RESCUE

NRS 414.170 Boardof Search and Rescue: Creation; members; terms.

1. The Board of Search and Rescue, consisting of 10members appointed by the Chief, is hereby created. The Chief shall appoint:

(a) One member who is a representative of the NevadaWing of the Civil Air Patrol;

(b) One member who is a representative of the NevadaNational Guard;

(c) Four members who are representatives of the NevadaSheriffs and Chiefs Association or its legal successor;

(d) One member who is a representative of the HealthDivision of the Department of Health and Human Services and whose primaryresponsibilities relate to the licensure and certification of persons whoprovide emergency medical services;

(e) One member who is a representative of the Divisionof Forestry of the State Department of Conservation and Natural Resources;

(f) One member who is a representative of a search andrescue organization of a law enforcement agency; and

(g) One member who is a representative of the NevadaFire Chiefs Association or its legal successor. If the association ceases toexist and no legal successor is formed, the Chief shall appoint one member whois a fire chief.

2. The term of office of each member of the Board is 2years.

(Added to NRS by 1983, 1352; A 1993, 1615; 1999, 1249)

NRS 414.180 Boardof Search and Rescue: Duties. The Board shall:

1. Meet at the call of the Chief and at least onceevery 6 months;

2. Provide direction and guidance for the Coordinator;

3. Formulate policy regarding search and rescue; and

4. Carry out the other duties assigned to it in thischapter.

(Added to NRS by 1983, 1352; A 1993, 1615)

NRS 414.190 Boardof Search and Rescue: Regulations. The Boardmay, by majority vote, adopt regulations for the administration of lawsregarding searches and rescues.

(Added to NRS by 1983, 1352)

NRS 414.200 Coordinatorof Search and Rescue: Appointment. The Chief,with the advice of the Board, shall appoint an employee of the Division ofEmergency Management of the Department of Public Safety as Coordinator ofSearch and Rescue.

(Added to NRS by 1983, 1353; A 1993, 1615; 1999, 1249; 2001, 2608)

NRS 414.210 Coordinatorof Search and Rescue: Duties. The Coordinatorshall:

1. Identify, inventory and coordinate resourcesavailable for searches and rescues;

2. Investigate and apply for grants and other financialassistance for search and rescue;

3. Maintain statistics regarding searches and rescues;

4. Coordinate assistance during intrastate searchesand rescues and searches and rescues involving two or more counties;

5. Act as liaison with other states operationsinvolving searches and rescues;

6. Provide assistance, upon request, to sheriffsduring searches and rescues;

7. Prepare a plan for searches and rescues;

8. Establish and maintain a system of communicationfor use throughout the State for operations relating to searches and rescues;and

9. Prepare and distribute publications relating tosearches and rescues.

(Added to NRS by 1983, 1353; A 1999, 1249)

NRS 414.220 Committeeon Training in Search and Rescue: Creation; members. TheCommittee on Training in Search and Rescue, consisting of six members appointedby the Coordinator with the advice of the Board, is hereby created.

(Added to NRS by 1983, 1353; A 1999, 1250)

NRS 414.230 Committeeon Training in Search and Rescue: Duties. TheCommittee shall:

1. Meet at the call of the Coordinator and at leastonce every 6 months;

2. Establish recommendations for organizationsspecializing in search and rescue, and certify organizations which meet thoserecommendations at the appropriate level;

3. Maintain a list of all certified organizations andtheir resources; and

4. Coordinate training in techniques of search andrescue.

(Added to NRS by 1983, 1353)

NRS 414.240 Committeeon Training in Search and Rescue: Regulations. TheCommittee may adopt regulations necessary to carry out the duties assigned toit in this chapter.

(Added to NRS by 1983, 1353)

NRS 414.250 Membershipin volunteer search and rescue or reserve unit of sheriffs department or CivilAir Patrol: Disclosure by employee or prospective employee required; notice ofemployers refusal to allow participation during working hours.

1. An employee who wishes to join a volunteer searchand rescue or reserve unit of a sheriffs department or a Civil Air Patrol unitshall disclose that fact to his employer.

2. If the employer chooses not to allow the employee toparticipate in search and rescue activities during his normal working hours,the employer shall notify the employee as soon as practicable after thedisclosure is made pursuant to subsection 1.

3. An applicant for employment who is a member of asearch and rescue or reserve unit of a sheriffs department or a Civil AirPatrol unit shall disclose that fact to his prospective employer.

(Added to NRS by 1991, 828)

NRS 414.260 Membershipin volunteer search and rescue or reserve unit of sheriffs department or CivilAir Patrol: Discharge of employee for membership prohibited; exceptions; civilremedy.

1. Any person, including a government, governmentalagency or political subdivision of a government, who employs a person or isvested with the power to discharge or recommend the discharge of a person shallnot deprive that person of his employment for any reason specifically relatingto his service as a member of a volunteer search and rescue or reserve unit ofa sheriffs department or a Civil Air Patrol unit unless:

(a) The employee failed to comply with the provisionsof subsection 1 of NRS 414.250; or

(b) The employer has given notice to the employeepursuant to the provisions of subsection 2 of NRS414.250.

2. A person discharged in violation of subsection 1may commence a civil action against his employer and:

(a) Recover all wages and benefits lost as a result ofthe violation and reasonable attorneys fees as fixed by the court; and

(b) Obtain an order of the court reinstating him to hisemployment without loss of position, seniority or benefits.

(Added to NRS by 1991, 828)

STATE DISASTER IDENTIFICATION TEAM

NRS 414.270 Establishment;assignment and activation of members. A StateDisaster Identification Team is hereby established within the Division ofEmergency Management of the Department of Public Safety. The Chief:

1. Shall assign persons with expertise in variousfields to the State Disaster Identification Team; and

2. May activate such persons to perform the duties ofthe State Disaster Identification Team:

(a) During astate of emergency or declaration of disaster proclaimed pursuant to NRS 414.070; or

(b) Upon the request of a political subdivision of thisstate if the Chief determines that the political subdivision requires theservices of the State Disaster Identification Team.

(Added to NRS by 1997, 3258; A 1999, 1250, 3122; 2001, 2608)

NRS 414.280 Duties. Uponactivation, the State Disaster Identification Team shall:

1. Providetechnical assistance and personnel to local authorities to recover, identifyand process deceased victims.

2. Within 2hours after activation, begin to identify and report to the Chief the need formedical and health services to:

(a) Establishtemporary facilities to be used as a morgue.

(b) Identifydeceased victims by using, without limitation, latent fingerprints and theforensic methods of dentistry, pathology and anthropology.

(c) Process and dispose of the remains of deceasedvictims.

(Added to NRS by 1997, 3258; A 1999, 1250, 3122)

NRS 414.290 Access to certain records andinformation when carrying out duties. Incarrying out its duties pursuant to NRS414.280, the State Disaster Identification Team may have access to:

1. Theinformation that is contained in the Central Repository for Nevada Records ofCriminal History pursuant to NRS 179A.075.

2. The recordsof criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.

3. The recordsof missing children maintained by the Attorney General pursuant to NRS 432.170.

4. The records and information concerning missingpersons maintained by the Investigation Division of the Department of PublicSafety pursuant to NRS 480.500.

(Added to NRS by 1997, 3258; A 1999, 1250, 3123; 2001, 2608)

NRS 414.300 Regulations.The Department of Public Safety shall adopt regulations to govern theState Disaster Identification Team. The regulations must include, withoutlimitation:

1. Guidelinesfor the Chief to:

(a) Assignpersons to positions on the State Disaster Identification Team; and

(b) Determinewhich members of the State Disaster Identification Team may be activatedpursuant to NRS 414.270.

2. Provisionsgoverning the organization, administration and operation of the State DisasterIdentification Team.

3. The compensation, if any, to be paid by theDepartment to a member of the State Disaster Identification Team who isactivated pursuant to NRS 414.270.

(Added to NRS by 1997, 3258; A 1999, 1251, 3123; 2001, 2608)

 

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