Nrs: Chapter 414 - Emergency Management

Link to law: https://www.leg.state.nv.us/NRS/NRS-414.html
Published: 2015

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[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)