USA Statutes : nevada
Title : Title 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
Chapter : CHAPTER 414 - EMERGENCY MANAGEMENT
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 man power, resources and facilities for dealing with any
emergency or disaster that may occur.
[2:293:1953]—(NRS A 1965, 340; 1983, 167; 1999, 1242 )
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)
“Board” means the Board of Search
and Rescue.
(Added to NRS by 1983, 1351)
“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 )
“Committee” means the Committee
on Training in Search and Rescue.
(Added to NRS by 1983, 1351)
“Coordinator” means the
Coordinator of Search and Rescue.
(Added to NRS by 1983, 1351)
“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 )
“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 )
“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 )
“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)
“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)
“Political
subdivision” means a city or county.
(Added to NRS by 1983, 1352)
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 office within the appropriation
therefor, or from other money made available to him 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. He 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, he 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 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 )
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 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 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 him 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 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
)
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
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 funds received for such property.
3. To procure, by purchase, condemnation, seizure or other means,
construct, lease, transport, store, maintain, renovate or distribute
materials and facilities for emergency management without regard to the
limitations of any existing law. He 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. Whenever the Governor deems it advisable for the
State to take title to property taken under this section, he shall
forthwith cause the owner of such 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
either 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.
Such 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. Such removal must be upon charges after
service upon the officer of a copy of the charges and after giving him an
opportunity to be heard in his 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 )
1. The Governor or his 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. He 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)
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 )
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 )
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 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 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 )
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 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 )
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)
1. There is hereby created the Emergency Assistance Subaccount
within the Disaster Relief Account created pursuant to NRS 353.2735
. Beginning with the fiscal year that
begins on July 1, 1999, the State Controller shall, at the end of each
fiscal year, transfer the interest earned during the previous fiscal year
on the money in the Disaster Relief Account to the Subaccount in an
amount not to exceed $500,000.
2. The Division of Emergency Management of the Department of
Public Safety shall administer the Subaccount. The Division may adopt
regulations authorized by this section before, on or after July 1, 1999.
3. All expenditures from the Subaccount must be approved in
advance by the Division. Except as otherwise provided in subsection 4,
all money in the Subaccount must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to
local governments in this state that are severely and adversely affected
by a natural, technological or man-made emergency or disaster for which
available resources of this state or the local government are inadequate
to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the Division for
administration during a natural, technological or man-made emergency or
disaster.
4. Beginning with the fiscal year that begins on July 1, 1999, if
any balance remains in the Subaccount 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
Subaccount for the previous quarter.
6. The Division shall adopt such regulations as are necessary to
administer the Subaccount.
7. The Division may adopt regulations to provide for reimbursement
of expenditures made from the Subaccount. 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 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 )
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)
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 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)
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
authority.
[17:293:1953]—(NRS A 1983, 175)
SEARCH AND RESCUE
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 Health Division 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 )
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)
The Board
may, by majority vote, adopt regulations for the administration of laws
regarding searches and rescues.
(Added to NRS by 1983, 1352)
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 )
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 )
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 )
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)
The Committee may adopt regulations necessary to carry out
the duties assigned to it in this chapter.
(Added to NRS by 1983, 1353)
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 employer.
2. If the employer chooses not to allow the employee to
participate in search and rescue activities during his 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 prospective employer.
(Added to NRS by 1991, 828)
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 his employment for any reason specifically
relating to his 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 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 him to his employment
without loss of position, seniority or benefits.
(Added to NRS by 1991, 828)
STATE DISASTER IDENTIFICATION TEAM
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 )
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 )
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 .
4. The records and information concerning missing persons
maintained by the Investigation Division of the Department of Public
Safety pursuant to NRS 480.500 .
(Added to NRS by 1997, 3258; A 1999, 1250 , 3123 ; 2001, 2608 )
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 )
