[Rev. 11/21/2013 11:30:53
AM--2013]
CHAPTER 414 - EMERGENCY MANAGEMENT
GENERAL PROVISIONS
NRS 414.020 Policy
and purpose.
NRS 414.030 Definitions.
NRS 414.031 “Board”
defined.
NRS 414.0313 “Broadcaster”
defined.
NRS 414.0315 “Chief”
defined.
NRS 414.032 “Committee”
defined.
NRS 414.033 “Coordinator”
defined.
NRS 414.0335 “Disaster”
defined.
NRS 414.0345 “Emergency”
defined.
NRS 414.035 “Emergency
management” defined.
NRS 414.0355 “Firearm”
defined.
NRS 414.0357 “First
response broadcaster” defined.
NRS 414.036 “Local
organization for emergency management” defined.
NRS 414.037 “Mobile
support unit” defined.
NRS 414.038 “Political
subdivision” defined.
NRS 414.040 Division
of Emergency Management: Creation; Chief; powers and duties.
NRS 414.060 Powers
and duties of Governor.
NRS 414.070 Additional
powers of Governor during emergency or disaster.
NRS 414.080 Mobile
support unit.
NRS 414.090 Local
organization for emergency management; powers of political subdivision in event
of emergency or disaster.
NRS 414.095 Emergency
management plan must address needs of persons with pets, service animals or
service animals in training.
NRS 414.097 Emergency
management plans must include provision ensuring person is evacuated,
transported and sheltered together with his or her service animal.
NRS 414.100 Agreements
for reciprocal aid.
NRS 414.110 Immunity
and exemption.
NRS 414.120 Limitation
on liability of private persons.
NRS 414.130 Appropriations;
acceptance of services, gifts, grants and loans.
NRS 414.135 Emergency
Assistance Account: Creation; administration by Division of Emergency
Management; expenditures; report; regulations.
NRS 414.140 Utilization
of existing services and facilities.
NRS 414.150 Person
serving in organization for emergency management: Prohibited advocacy;
subversive acts; oath.
NRS 414.155 Limitations
on emergency powers relating to firearms.
NRS 414.160 Enforcement
of orders and regulations.
SEARCH AND RESCUE
NRS 414.170 Board
of Search and Rescue: Creation; members; terms.
NRS 414.180 Board
of Search and Rescue: Duties.
NRS 414.190 Board
of Search and Rescue: Regulations.
NRS 414.200 Coordinator
of Search and Rescue: Appointment.
NRS 414.210 Coordinator
of Search and Rescue: Duties.
NRS 414.220 Committee
on Training in Search and Rescue: Creation; members.
NRS 414.230 Committee
on Training in Search and Rescue: Duties.
NRS 414.240 Committee
on Training in Search and Rescue: Regulations.
NRS 414.250 Membership
in volunteer search and rescue or reserve unit of sheriff’s department or Civil
Air Patrol: Disclosure by employee or prospective employee required; notice of
employer’s refusal to allow participation during working hours.
NRS 414.260 Membership
in volunteer search and rescue or reserve unit of sheriff’s department or Civil
Air Patrol: Discharge of employee for membership prohibited; exceptions; civil
remedy.
STATE DISASTER IDENTIFICATION TEAM
NRS 414.270 Establishment;
assignment and activation of members.
NRS 414.280 Duties.
NRS 414.290 Access
to certain records and information when carrying out duties.
NRS 414.300 Regulations.
BROADCASTERS AND EMERGENCY BROADCASTERS
NRS 414.310 Broadcasters:
Development of plans for emergency response.
NRS 414.320 Training
and certification of first response broadcasters; requirements for training
programs; state and local governmental agencies required to allow first
response broadcasters access to areas affected by emergency or disaster for
certain purposes.
NRS 414.330 Priority
for distribution of equipment, supplies or facilities in area affected by
emergency or disaster.
NRS 414.340 Confiscation
of equipment, supplies or facilities from broadcaster or emergency broadcaster.
_________
GENERAL PROVISIONS
NRS 414.020 Policy and purpose.
1. Because of the existing and increasing
possibility of the occurrence of emergencies or disasters of unprecedented size
and destructiveness resulting from enemy attack, sabotage or other hostile
action, from a fire, flood, earthquake, storm or other natural causes, or from
technological or man-made catastrophes, and in order to ensure that the
preparations of this state will be adequate to deal with such emergencies or
disasters, and generally 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 hereby found and declared to be necessary:
(a) To create a state agency for emergency
management and to authorize the creation of local organizations for emergency
management in the political subdivisions of the State.
(b) To confer upon the Governor and upon the
executive heads or governing bodies of the political subdivisions of the State
the emergency powers provided in this chapter.
(c) To assist with the rendering of mutual aid
among the political subdivisions of the State and with other states and to
cooperate with the Federal Government with respect to carrying out the
functions of emergency management.
2. It is further declared to be the
purpose of this chapter and the policy of the State that all functions of
emergency management in this state be coordinated to the maximum extent with
the comparable functions of the Federal Government, including its various
departments and agencies, of other states and localities and of private
agencies of every type, providing for the most effective preparation and use of
the nation’s workforce, resources and facilities for dealing with any emergency
or disaster that may occur.
[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
meanings ascribed to them in those sections.
[3:293:1953]—(NRS A 1983, 168, 1353; 1993, 1614; 2007, 358; 2009, 499)
NRS 414.031 “Board” defined. “Board”
means the Board of Search and Rescue.
(Added to NRS by 1983, 1351)
NRS 414.0313 “Broadcaster” defined. “Broadcaster”
has the meaning ascribed to it in NRS
432.310.
(Added to NRS by 2009, 498)
NRS 414.0315 “Chief” defined. “Chief”
means the Chief of the Division of Emergency Management of the Department of
Public Safety.
(Added to NRS by 1993, 1614; A 2001, 2606)
NRS 414.032 “Committee” defined. “Committee”
means the Committee on Training in Search and Rescue.
(Added to NRS by 1983, 1351)
NRS 414.033 “Coordinator” defined. “Coordinator”
means the Coordinator of Search and Rescue.
(Added to NRS by 1983, 1351)
NRS 414.0335 “Disaster” defined. “Disaster”
means an occurrence or threatened occurrence for which, in the determination of
the Governor, the assistance of the Federal Government is needed to supplement
the efforts and capabilities of state agencies to save lives, protect property
and protect the health and safety of persons in this state, or to avert the
threat of damage to property or injury to or the death of persons in this
state.
(Added to NRS by 1999, 1241)
NRS 414.0345 “Emergency” defined. “Emergency”
means an occurrence or threatened occurrence for which, in the determination of
the Governor, the assistance of state agencies is needed to supplement the
efforts and capabilities of political subdivisions to save lives, protect
property and protect the health and safety of persons in this state, or to
avert the threat of damage to property or injury 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 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.
(Added to NRS by 1983, 1351; A 1999, 1242; 2001, 1337)
NRS 414.0355 “Firearm” defined. “Firearm”
means any weapon from which a projectile is discharged by means of an
explosive, spring, gas, air or other force. The term includes ammunition for a
firearm.
(Added to NRS by 2007, 358)
NRS 414.0357 “First response broadcaster” defined. “First
response broadcaster” means a person who has been certified as a first response
broadcaster pursuant to NRS 414.320.
(Added to NRS by 2009, 498)
NRS 414.036 “Local organization for emergency management” defined. “Local organization for emergency management”
means an organization created in accordance with the provisions of this chapter
by state or local authority to perform local functions of emergency management.
(Added to NRS by 1983, 1352)
NRS 414.037 “Mobile support unit” defined. “Mobile
support unit” means an organization for emergency management created in
accordance with the provisions of this chapter by state or local authority to
be dispatched by the Governor to supplement local organizations for emergency
management in a stricken area.
(Added to NRS by 1983, 1352)
NRS 414.038 “Political subdivision” defined. “Political
subdivision” means a city or county.
(Added to NRS by 1983, 1352)
NRS 414.040 Division of Emergency Management: Creation; Chief; powers and
duties.
1. A Division of Emergency Management is
hereby created within the Department of Public Safety. The Chief of the
Division is appointed by and holds office at the pleasure of the Director of
the Department of Public Safety. The Division is the State Agency for Emergency
Management and the State Agency for Civil Defense for the purposes of the
Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the State’s
Director of Emergency Management and the State’s Director of Civil Defense for
the purposes of that Compact.
2. The Chief may employ technical,
clerical, stenographic and other personnel as may be required, and may make
such expenditures therefor and for other expenses of his or her office within
the appropriation therefor, or from other money made available to him or her
for purposes of emergency management, as may be necessary to carry out the
purposes of this chapter.
3. The Chief, subject to the direction and
control of the Director, shall carry out the program for emergency management
in this state. The Chief shall coordinate the activities of all organizations
for emergency management within the State, maintain liaison with and cooperate
with agencies and organizations of other states and of the Federal Government
for emergency management and carry out such additional duties as may be
prescribed by the Director.
4. The Chief shall assist in the
development of comprehensive, coordinated plans for emergency management by
adopting an integrated process, using the partnership of governmental entities,
business and industry, volunteer organizations and other interested persons,
for the mitigation of, preparation for, response to and recovery from
emergencies or disasters. In adopting this process, the Chief shall conduct
activities designed to:
(a) Eliminate or reduce the probability that an
emergency 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 responding
appropriately if an emergency or disaster occurs by fostering the adoption of
plans for emergency operations, conducting exercises to test those plans,
training necessary personnel and acquiring necessary resources;
(c) Test periodically plans for emergency
operations to ensure that the activities of state and local governmental
agencies, private organizations and other persons are coordinated;
(d) Provide assistance to victims, prevent
further injury or damage to persons or property and increase the effectiveness
of recovery operations; and
(e) Restore the operation of vital community
life-support systems and return persons and property affected by an emergency
or disaster to a condition that is comparable to or better than what existed
before the emergency or disaster occurred.
5. The Division shall perform the duties
required pursuant to chapter 415A of NRS.
6. The Division shall perform the duties
required pursuant to NRS 353.2753 at
the request of 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; 2011, 947)
NRS 414.060 Powers and duties of Governor.
1. The Governor is responsible for
carrying out the provisions of this chapter, and in the event of an emergency
or disaster beyond local control, may assume direct operational control over
all or any part of the functions of emergency management within this State.
2. In performing his or her duties under
this chapter, the Governor may cooperate with the Federal Government, with
other states and with private agencies in all matters pertaining to emergency
management in this State and the nation.
3. In performing his or her duties under
this chapter and to effect its policy and purpose, the Governor may:
(a) Make, amend and rescind the necessary orders
and regulations to carry out the provisions of this chapter within the limits
of the authority conferred upon the Governor in this chapter, with due
consideration of the plans provided by the Federal Government.
(b) Prepare a comprehensive state emergency
management plan and develop a program for emergency management in this State to
be integrated into and coordinated with the plans of the Federal Government and
of other states for emergency management to the fullest possible extent, and
coordinate the preparation of plans and programs for emergency management by the
political subdivisions of this State to be integrated into and coordinated with
the plan and program of this State to the fullest possible extent.
(c) In accordance with the plan and program for
the emergency management in this State, procure supplies and equipment,
institute planning, training and exercise programs, carry out public
information programs, and take all other preparatory steps, including the
partial or full mobilization of organizations for emergency management in
advance of an actual emergency or disaster, to ensure the availability of
adequately trained and equipped forces in time of need.
(d) Make such studies and surveys of industries,
resources and facilities in this State as may be necessary to ascertain the
capabilities of the State for emergency management and plan for the most
efficient use thereof.
(e) On behalf of this State, enter into mutual
aid agreements with other states and coordinate mutual aid plans between
political subdivisions of this State.
(f) Delegate any administrative authority vested
in him or her under this chapter, and provide for the subdelegation of any such
authority.
(g) Cooperate with the President of the United
States and the heads of the Armed Forces, the agency of the United States for
emergency management and other appropriate federal officers and agencies, and
with the officers and agencies of other states in matters pertaining to
emergency management in the State and nation, including the direction or
control of:
(1) Mobilizing forces for emergency
management and other tests and exercises.
(2) Mechanical devices to be used in
connection with warnings and signals for emergencies or disasters.
(3) The effective screening or
extinguishing of all lights and lighting devices and appliances.
(4) Coordinating the efforts of all public
utilities in terminating and restoring service to the general public during an
emergency or disaster.
(5) The conduct of the general public and
the movement and cessation of movement of pedestrians and vehicular traffic
during, before and after exercises or an emergency or disaster.
(6) Public meetings or gatherings.
(7) The evacuation and reception of the
general public 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 during emergency or disaster. The provisions of this section are operative
only during the existence of a state of emergency or declaration of disaster.
The existence of such an emergency or disaster may be proclaimed by the
Governor or by resolution of the Legislature if the Governor in his or her
proclamation, or the Legislature in its resolution, finds that an attack upon
the United States has occurred or is anticipated in the immediate future, or
that a natural, technological or man-made emergency or disaster of major
proportions has actually occurred within this State, and that the safety and
welfare of the inhabitants of this State require an invocation of the
provisions of this section. Any such emergency or disaster, whether proclaimed
by the Governor or by the Legislature, terminates upon the proclamation of the
termination thereof by the Governor, or the passage by the Legislature of a
resolution terminating the emergency or disaster. During the period when a
state of emergency or declaration of disaster exists or continues, the Governor
may exercise the following additional powers:
1. To enforce all laws and regulations
relating to emergency management and to assume direct operational 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 the purpose of emergency management
on such terms and conditions as the Governor prescribes and without regard to
the limitations of any existing law, and to account to the State Treasurer for
any money received for such property.
3. Except as otherwise provided in NRS 414.155 and 414.340,
to procure, by purchase, condemnation, seizure or other means, construct,
lease, transport, store, maintain, renovate or distribute materials and
facilities for emergency management without regard to the limitations of any
existing law. The Governor shall make compensation for the property so seized,
taken or condemned on the following basis:
(a) If property is 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 is returned 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 for the damage or failure to return
the property. If the Governor deems it advisable for the State to take title to
property taken under this section, the Governor shall forthwith cause the owner
of the property to be notified thereof in writing by registered or certified
mail, postage prepaid, or by the best means available, and forthwith cause to
be filed a copy of the notice with the Secretary of State.
(b) Within the 90-day period prescribed in
paragraph (a), the Governor shall make an offer in writing to the person or
persons entitled to receive it of the amount of money proposed to be paid as
full compensation. If the offer is accepted, the money must be paid out of such
fund, funds or other sources as are available and no further action in law or
in equity may ever be maintained in connection therewith. If the offer of
payment is refused, the person or persons entitled thereto have the same rights
as plaintiffs in actions of eminent domain insofar as the fixing of damages and
compensation is concerned, NRS 37.060, 37.070, 37.080
and 37.090, so far as applicable,
apply, and proceedings must be had in conformity therewith so far as possible.
The action must be commenced within 1 year after the receipt of the offer of
settlement from the Governor.
4. To provide for and compel the
evacuation of all or part of the population from any stricken or threatened
area or areas within the State and to take such steps as are necessary for the
receipt and care of those persons.
5. Subject to the provisions of the State
Constitution, to remove from office any public officer having administrative
responsibilities under this chapter for willful failure to obey an order or
regulation adopted pursuant to this chapter. The removal must be upon charges
after service upon the officer of a copy of the charges and after giving him or
her an opportunity to be heard in his or her defense. Pending the preparation
and disposition of charges, the Governor may suspend the officer for a period
not exceeding 30 days. A vacancy resulting from removal or suspension 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
and protection of the civilian population.
[7:293:1953]—(NRS A 1983, 170; 1999, 1245; 2007, 358; 2009, 499)
NRS 414.080 Mobile support unit.
1. The Governor or the Governor’s duly
designated representative may create and establish such number of mobile
support units as may be necessary to reinforce organizations for emergency
management in stricken areas and with due consideration of the plans of the
Federal Government and of other states. The Governor may appoint a commander
for each such unit who has primary responsibility for the organization,
administration and operation of the unit. Mobile support units may be called to
duty upon orders of the Governor and shall perform their functions in any part
of the State, or, upon the conditions specified in this section, 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 the
powers, duties, rights, privileges and immunities and receive the compensation
incidental to their employment.
(b) If they are employees of a political
subdivision of the State, and whether serving within or without that political
subdivision, have the powers, duties, rights, privileges and immunities and
receive the compensation incidental to their employment.
(c) If they are not employees of the State or a
political subdivision thereof, are entitled to compensation by the State at $10
per day and to the same rights and immunities as are provided by law for the
employees of the State. All personnel of mobile support units, while on duty,
are subject to the operational control of the authority in charge of activities
for emergency management in the area in which they are serving, and must be
reimbursed for all actual and necessary travel and subsistence expenses.
3. The State may reimburse a political
subdivision for the compensation paid and actual and necessary travel,
subsistence and maintenance expenses of employees of such political subdivision
while serving as members of a mobile support unit, for all payments for death,
disability or injury of such employees incurred in the course of duty, and for
all losses of or damage to supplies and equipment of the political subdivision
resulting from the operation of such mobile support unit.
[8:293:1953]—(NRS A 1983, 172)
NRS 414.090 Local organization for emergency management; powers of political
subdivision in event of emergency or disaster.
1. Each
political subdivision of this state may establish a local organization for
emergency management in accordance with the state emergency management plan and
program for emergency management. Such a political subdivision may confer or
authorize the conferring upon members of the auxiliary police the powers of
police officers, subject to such restrictions as it imposes. Each local organization
for emergency management must have a director who must be appointed by the
executive officer or governing body of the political subdivision, and who has
direct responsibility for the organization, administration and operation of the
local organization for emergency management subject to the direction and
control of the executive officer or governing body. Each local organization for
emergency management shall perform functions of emergency management within the
territorial limits of the political subdivision within which it is organized,
and, in addition, shall conduct such functions outside of such territorial
limits 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
contracts and incur obligations necessary to combat such an emergency or
disaster, protect the health and safety of persons and property and provide
emergency assistance to the victims of such an emergency or disaster. Each
political subdivision may exercise the powers vested under this section in the
light of the exigencies of the extreme emergency or disaster without regard to
time-consuming procedures and formalities prescribed by law, except
constitutional requirements, pertaining to the performance of public work,
entering into contracts, the incurring of obligations, the employment of
temporary workers, the rental of equipment, the purchase of supplies and
materials, the levying of taxes, and the appropriation and expenditure of
public funds.
[9:293:1953]—(NRS A 1983, 172; 1999, 1246)
NRS 414.095 Emergency management plan must address needs of persons with
pets, service animals or service animals in training.
1. An emergency management plan prepared
by the Governor pursuant to NRS 414.060 or adopted
by a political subdivision or a local organization for emergency management
must, without limitation, address the needs of persons with pets, service
animals or service animals in training during and after an emergency or disaster.
2. As used in this section:
(a) “Pet” has the meaning ascribed to it in NRS 574.615.
(b) “Service animal” has the meaning ascribed to
it in NRS 426.097.
(c) “Service animal in training” has the meaning
ascribed to it in NRS 426.099.
(Added to NRS by 2007, 296)
NRS 414.097 Emergency management plans must include provision ensuring
person is evacuated, transported and sheltered together with his or her service
animal.
1. The state emergency management plan
prepared pursuant to NRS 414.060 and each plan for
emergency operations specified in paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local
governmental agency must include provisions ensuring that, to the extent
practicable, a person with a disability who uses a service animal is evacuated,
transported and sheltered together with the service animal during a disaster or
emergency.
2. As used in this section:
(a) “Disability” has the meaning ascribed to it
in NRS 426.068.
(b) “Service animal” has the meaning ascribed to
it in NRS 426.097.
(Added to NRS by 2009, 740)
NRS 414.100 Agreements for reciprocal aid. The
director of each local organization for emergency management may, in
collaboration with other public and private agencies within this State, develop
or cause to be developed agreements for reciprocal aid and assistance in case
of an emergency or disaster for which the local organization requires such
assistance. Such agreements must be consistent with the State’s emergency
management plan and program for emergency management, and in time of emergency
or disaster each local organization for emergency management shall render
assistance in accordance with the provisions of such agreements.
[10:293:1953]—(NRS A 1983, 173; 1999, 1247)
NRS 414.110 Immunity and exemption.
1. All functions under this chapter and
all other activities relating to emergency management are hereby declared to be
governmental functions. Neither the State nor any political subdivision thereof
nor other agencies of the State or political subdivision thereof, nor except in
cases of willful misconduct, gross negligence, or bad faith, any worker
complying with or reasonably attempting to comply with this chapter, or any
order or regulation adopted pursuant to the provisions of this chapter, or
pursuant to any ordinance relating to any necessary emergency procedures or
other precautionary measures enacted by any political subdivision of the State,
is liable for the death of or injury to persons, or for damage to property, as
a result of any such activity. The provisions of this section do not affect the
right of any person to receive benefits to which he or she would otherwise be
entitled under this chapter, or under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or under any pension law, nor the
right of any such person to receive any benefits or compensation pursuant to
any act of Congress.
2. Any requirement for a license to
practice any professional, mechanical or other skill does not apply to any
authorized worker who, in the course of performing his or her duties as such,
practices that professional, mechanical or other skill during an emergency or
disaster.
3. As used in this section, “worker”
includes, without limitation, any full-time or part-time paid, volunteer or
auxiliary employee of this State, of any political subdivision thereof, of
other states, territories, possessions or the District of Columbia, of the
Federal Government, of any neighboring country, or of any political subdivision
thereof, or of any agency or organization, performing services for emergency
management at any place in this State subject to the order or control of, or
pursuant to a request of, the State Government or any political subdivision
thereof.
[11:293:1953]—(NRS A 1983, 173; 1999, 236, 1247)
NRS 414.120 Limitation on liability of private persons. Any person owning or controlling real property
or other premises who voluntarily and without compensation grants a license or
privilege, or otherwise permits the designation or use of the whole or any part
or parts of such real property or premises to shelter persons during an actual,
impending, mock or practice attack, or during an emergency or disaster as
described in NRS 414.020, and his or her successors
in interest, if any, are not civilly liable for negligently causing the death
of, or injury to, any person on or about such real property or premises, or for
loss of, or damage to, the property of such a person.
[12:293:1953]—(NRS A 1999, 1248)
NRS 414.130 Appropriations; acceptance of services, gifts, grants and loans.
1. Each political subdivision may make
appropriations in the manner provided by law for making appropriations for the
ordinary expenses of the political subdivision for the payment of expenses of
its local organization for emergency management.
2. Whenever the Federal Government or any
agency or officer thereof offers to the State, or through the State to any
political subdivision thereof, services, equipment, supplies, materials, or
money by way of gift, grant or loan, for purposes of emergency management, the
State, acting through the Governor and, if the provisions of NRS 353.335 require it, with the approval
of the Interim Finance Committee, or such political subdivision, acting with
the consent of the Governor and through its executive officer or governing
body, may accept the offer, and upon acceptance the Governor of the State or
executive officer or governing body of the political subdivision may authorize
any 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 of
the State or political subdivision, subject to the terms of the offer and the
rules and regulations, if any, of the agency making the offer.
3. Whenever any person, firm or
corporation offers to the State or to any political subdivision thereof
services, equipment, supplies, materials, or money by way of gift, grant or
loan, for purposes of emergency management, the State, acting through the Governor
and, if the provisions 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 governing body of the political subdivision may authorize any 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 of the State or
the political subdivision, subject to the terms of the offer.
[13:293:1953]—(NRS A 1979, 620; 1983, 174)
NRS 414.135 Emergency Assistance Account: Creation; administration by
Division of Emergency Management; expenditures; report; regulations.
1. There is hereby created in the State
General Fund the Emergency Assistance Account. 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 Account created pursuant to NRS 353.2735 to the Emergency Assistance
Account in an amount not to exceed $500,000.
2. The Division of Emergency Management of
the Department of Public Safety shall administer the Emergency Assistance
Account. The Division may adopt regulations authorized by this section before,
on or after July 1, 1999.
3. Except as otherwise provided in
paragraph (c), all expenditures from the Emergency Assistance Account must be
approved in advance by the Division. Except as otherwise provided in subsection
4, all money in the Emergency Assistance Account must be expended:
(a) To provide supplemental emergency assistance
to this state or to local governments in this state that are severely and
adversely affected by a natural, technological or man-made emergency or
disaster for which available resources of this state or the local government
are inadequate to provide a satisfactory remedy;
(b) To pay any actual expenses incurred by the
Division for administration during a natural, technological or man-made
emergency or disaster; and
(c) For any other purpose authorized by the
Legislature.
4. Beginning with the fiscal year that
begins on July 1, 1999, if any balance remains in the Emergency Assistance
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;
(b) Provide training to personnel related to
emergency management; and
(c) Carry out the provisions of NRS 392.600 to 392.656, inclusive.
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 Emergency Assistance Account for the previous
quarter.
6. The Division shall adopt such
regulations as are necessary to administer the Emergency Assistance Account.
7. The Division may adopt regulations to
provide for reimbursement of expenditures made from the Emergency Assistance
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 Disaster Relief Account, upon request by
the Division.
(Added to NRS by 1997, 2543; A 1999, 1248, 3121; 2001, 1337, 2607; 2003, 180; 2003,
20th Special Session, 206; 2010, 26th
Special Session, 14; 2011, 448, 1082)
NRS 414.140 Utilization of existing services and facilities. In carrying out the provisions of this
chapter, the Governor and the executive officers or governing bodies of the
political subdivisions of the State shall utilize the services, equipment,
supplies and facilities of existing departments, offices and agencies of the
State and of the political subdivisions thereof to the maximum extent
practicable, and the officers and personnel of all such departments, offices
and agencies are directed to cooperate with and extend such services and
facilities upon request to the Governor and to the organizations of the State
for emergency management.
[14:293:1953]—(NRS A 1983, 175)
NRS 414.150 Person serving in organization for emergency management:
Prohibited advocacy; subversive acts; oath.
1. No person may be employed or associated
in any capacity in any organization for emergency management established under
this chapter, who advocates or has advocated a change by force or violence in
the constitutional form of the Government of the United States or in this state
or the overthrow of any government in the United States by force or violence,
or who has been convicted of or is under indictment or information charging any
subversive act against the United States.
2. Each person who is appointed to serve
in an organization for emergency management must, before entering upon his or
her duties, take an oath, in writing, before a person authorized to administer
oaths in this state, which oath must be substantially as follows:
I, .........................,
do solemnly swear (or affirm) that I will support and defend the Constitution
of the United States and the Constitution of the State of Nevada against all
enemies, foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties
upon which I am about to 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 the overthrow of the Government of the United
States or of this state by force or violence; and that during such time as I am
a member of the (name of organization for emergency management), I will not
advocate nor become a member of any political party or organization that
advocates the overthrow of the Government of the United States or of this state
by force or violence.
[15:293:1953]—(NRS A 1983, 175)
NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of
the United States and Section 11 of
Article 1 of the Constitution of the State of Nevada, and notwithstanding
any other provision of law, the emergency powers conferred upon the Governor and
upon the executive heads or governing bodies of the political subdivisions of
this State must not be construed to allow:
1. The confiscation of a firearm from a
person unless the person is:
(a) In unlawful possession of the firearm; or
(b) Unlawfully carrying the firearm; or
2. The imposition of additional
restrictions as to the lawful possession, transfer, sale, carrying, storage,
display or use of:
(a) Firearms;
(b) Ammunition; or
(c) Components of firearms or ammunition.
(Added to NRS by 2007, 358)
NRS 414.160 Enforcement of orders and regulations. Every
organization for emergency management established pursuant to this chapter and
the officers thereof shall execute and enforce such orders and regulations as
may be made by the Governor under authority of this chapter. Each such
organization shall have available for inspection at its office all orders and regulations
made by the Governor, or under his or her authority.
[17:293:1953]—(NRS A 1983, 175)
SEARCH AND RESCUE
NRS 414.170 Board of Search and Rescue: Creation; members; terms.
1. The Board of Search and Rescue,
consisting of 10 members appointed by the Chief, is hereby created. The Chief
shall appoint:
(a) One member who is a representative of the
Nevada Wing of the Civil Air Patrol;
(b) One member who is a representative of the
Nevada National Guard;
(c) Four members who are representatives of the
Nevada Sheriffs and Chiefs Association or its legal successor;
(d) One member who is a representative of the
Division of Public and Behavioral Health of the Department of Health and Human
Services and whose primary responsibilities relate to the licensure and
certification of persons who provide emergency medical services;
(e) One member who is a representative of the
Division of Forestry of the State Department of Conservation and Natural
Resources;
(f) One member who is a representative of a
search and rescue organization of a law enforcement agency; and
(g) One member who is a representative of the
Nevada Fire Chiefs’ Association or its legal successor. If the association
ceases to exist and no legal successor is formed, the Chief shall appoint one member
who is a fire chief.
2. The term of office of each member of
the Board is 2 years.
(Added to NRS by 1983, 1352; A 1993, 1615; 1999, 1249)
NRS 414.180 Board of Search and Rescue: Duties. The
Board shall:
1. Meet at the call of the Chief and at
least once every 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 this chapter.
(Added to NRS by 1983, 1352; A 1993, 1615)
NRS 414.190 Board of Search and Rescue: Regulations. The Board may, by majority vote, adopt
regulations for the administration of laws regarding searches and rescues.
(Added to NRS by 1983, 1352)
NRS 414.200 Coordinator of Search and Rescue: Appointment. The Chief, with the advice of the Board, shall
appoint an employee of the Division of Emergency Management of the Department
of Public Safety as Coordinator of Search and Rescue.
(Added to NRS by 1983, 1353; A 1993, 1615; 1999, 1249; 2001, 2608)
NRS 414.210 Coordinator of Search and Rescue: Duties. The Coordinator shall:
1. Identify, inventory and coordinate
resources available for searches and rescues;
2. Investigate and apply for grants and
other financial assistance for search and rescue;
3. Maintain statistics regarding searches
and rescues;
4. Coordinate assistance during intrastate
searches and rescues and searches and rescues involving two or more counties;
5. Act as liaison with other states’ operations
involving searches and rescues;
6. Provide assistance, upon request, to
sheriffs during searches and rescues;
7. Prepare a plan for searches and
rescues;
8. Establish and maintain a system of
communication for use throughout the State for operations relating to searches
and rescues; and
9. Prepare and distribute publications
relating to searches and rescues.
(Added to NRS by 1983, 1353; A 1999, 1249)
NRS 414.220 Committee on Training in Search and Rescue: Creation; members. The Committee on Training in Search and
Rescue, consisting of six members appointed by the Coordinator with the advice
of the Board, is hereby created.
(Added to NRS by 1983, 1353; A 1999, 1250)
NRS 414.230 Committee on Training in Search and Rescue: Duties. The Committee shall:
1. Meet at the call of the Coordinator and
at least once every 6 months;
2. Establish recommendations for
organizations specializing in search and rescue, and certify organizations
which meet those recommendations at the appropriate level;
3. Maintain a list of all certified
organizations and their resources; and
4. Coordinate training in techniques of
search and rescue.
(Added to NRS by 1983, 1353)
NRS 414.240 Committee on Training in Search and Rescue: Regulations. The Committee may adopt regulations necessary
to carry out the duties assigned to it in this chapter.
(Added to NRS by 1983, 1353)
NRS 414.250 Membership in volunteer search and rescue or reserve unit of
sheriff’s department or Civil Air Patrol: Disclosure by employee or prospective
employee required; notice of employer’s refusal to allow participation during
working hours.
1. An employee who wishes to join a
volunteer search and rescue or reserve unit of a sheriff’s department or a
Civil Air Patrol unit shall disclose that fact to his or her employer.
2. If the employer chooses not to allow
the employee to participate in search and rescue activities during his or her
normal working hours, the employer shall notify the employee as soon as
practicable after the disclosure is made pursuant to subsection 1.
3. An applicant for employment who is a
member of a search and rescue or reserve unit of a sheriff’s department or a
Civil Air Patrol unit shall disclose that fact to his or her prospective employer.
(Added to NRS by 1991, 828)
NRS 414.260 Membership in volunteer search and rescue or reserve unit of
sheriff’s department or Civil Air Patrol: Discharge of employee for membership
prohibited; exceptions; civil remedy.
1. Any person, including a government,
governmental agency or political subdivision of a government, who employs a
person or is vested with the power to discharge or recommend the discharge of a
person shall not deprive that person of employment for any reason specifically
relating to his or her service as a member of a volunteer search and rescue or
reserve unit of a sheriff’s department or a Civil Air Patrol unit unless:
(a) The employee failed to comply with the
provisions of subsection 1 of NRS 414.250; or
(b) The employer has given notice to the employee
pursuant to the provisions of subsection 2 of NRS
414.250.
2. A person discharged in violation of
subsection 1 may commence a civil action against his or her employer and:
(a) Recover all wages and benefits lost as a
result of the violation and reasonable attorney’s fees as fixed by the court;
and
(b) Obtain an order of the court reinstating the
person to his or her employment 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 State Disaster Identification Team is hereby
established within the Division of Emergency Management of the Department of
Public Safety. The Chief:
1. Shall assign persons with expertise in
various fields to the State Disaster Identification Team; and
2. May activate such persons to perform
the duties of the State Disaster Identification Team:
(a) During
a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070; or
(b) Upon the request of a political subdivision
of this state if the Chief determines that the political subdivision requires
the services of the State Disaster Identification Team.
(Added to NRS by 1997, 3258; A 1999, 1250, 3122; 2001, 2608)
NRS 414.280 Duties. Upon activation, the State Disaster
Identification Team shall:
1. Provide
technical assistance and personnel to local authorities to recover, identify
and process deceased victims.
2. Within
2 hours after activation, begin to identify and report to the Chief the need
for medical and health services to:
(a) Establish
temporary facilities to be used as a morgue.
(b) Identify
deceased victims by using, without limitation, latent fingerprints and the
forensic methods of dentistry, pathology and anthropology.
(c) Process and dispose of the remains of
deceased victims.
(Added to NRS by 1997, 3258; A 1999, 1250, 3122)
NRS 414.290 Access to certain records and information when carrying out
duties. In carrying out its duties
pursuant to NRS 414.280, the State Disaster
Identification Team may have access to:
1. The information that is contained in
the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.
2. The records of criminal history
maintained by an agency of criminal justice pursuant to NRS 179A.100.
3. The records of missing children
maintained by the Attorney General pursuant to NRS 432.170.
(Added to NRS by 1997, 3258; A 1999, 1250, 3123; 2001, 2608; 2009, 39)
NRS 414.300 Regulations. The Department of Public Safety shall adopt
regulations to govern the State Disaster Identification Team. The regulations
must include, without limitation:
1. Guidelines
for the Chief to:
(a) Assign
persons to positions on the State Disaster Identification Team; and
(b) Determine
which members of the State Disaster Identification Team may be activated
pursuant to NRS 414.270.
2. Provisions
governing the organization, administration and operation of the State Disaster
Identification Team.
3. The compensation, if any, to be paid by
the Department to a member of the State Disaster Identification Team who is
activated pursuant to NRS 414.270.
(Added to NRS by 1997, 3258; A 1999, 1251, 3123; 2001, 2608)
BROADCASTERS AND EMERGENCY BROADCASTERS
NRS 414.310 Broadcasters: Development of plans for emergency response. Broadcasters in this State shall, in
cooperation with the Division of Emergency Management of the Department of
Public Safety and the Nevada Broadcasters Association or its successor
organization, develop comprehensive, coordinated plans for preparing for and
responding appropriately to an emergency or disaster.
(Added to NRS by 2009, 498)
NRS 414.320 Training and certification of first response broadcasters;
requirements for training programs; state and local governmental agencies
required to allow first response broadcasters access to areas affected by
emergency or disaster for certain purposes.
1. The Nevada Broadcasters Association or
its successor organization, the Nevada State Cable Telecommunications
Association or its successor organization, any member of the Nevada State Cable
Telecommunications Association or its successor organization and any other
provider of emergency broadcasts, including, without limitation, a provider who
uses emerging technologies, may establish a program for training and certifying
broadcast engineers and technical personnel as first response broadcasters.
Each program established pursuant to this subsection must:
(a) Be consistent with federal law and
guidelines;
(b) Provide training and education concerning
restoring, repairing and resupplying any facilities and equipment of a
broadcaster in an area affected by an emergency or disaster; and
(c) Provide training and education concerning the
personal safety of a first response broadcaster in an area affected by an
emergency or disaster.
2. To the extent practicable and
consistent with not endangering public safety or inhibiting recovery efforts,
state and local governmental agencies shall allow a first response broadcaster
access to an area affected by an emergency or disaster for the purpose of
restoring, repairing or resupplying any facility or equipment critical to the
ability of a broadcaster to acquire, produce and transmit essential emergency-
or disaster-related public information programming, including, without
limitation, repairing and maintaining transmitters and transporting fuel for
generators.
(Added to NRS by 2009, 498)
NRS 414.330 Priority for distribution of equipment, supplies or facilities
in area affected by emergency or disaster. To
the extent practicable and consistent with not endangering public safety,
during an emergency or disaster, a broadcaster or first response broadcaster in
an area affected by the emergency or disaster must be given priority for the
distribution of fuel, food, water and any other equipment, supplies or
facilities over all persons other than persons who provide essential emergency
services, health care and utility restoration services.
(Added to NRS by 2009, 498)
NRS 414.340 Confiscation of equipment, supplies or facilities from
broadcaster or emergency broadcaster. To
the extent practicable and consistent with not endangering public safety, the
emergency powers conferred upon the Governor and upon the executive heads or
governing bodies of the political subdivisions of this State must not be
construed to allow the confiscation of vehicles, fuel, food, water or any other
equipment, supplies or facilities from a broadcaster or first response
broadcaster if the broadcaster or first response broadcaster adequately
documents that the equipment, supplies or facilities will be used to enable the
broadcast of essential emergency- or disaster-related public information
programming in an area affected by an emergency or disaster.
(Added to NRS by 2009, 498)