Nev. Rev. Stat. § 415.010 — NV Code / Title 36 / Chapter 415 / Section 415.010
Text of Compact
Status: in_force

The Legislature of this State hereby ratifies a Compact on behalf of the State of Nevada with any other State legally joining therein in the form substantially as follows:

This section authorizes the Governor to implement Public Law 104-321 , Emergency Management Assistance Compact (EMAC), Articles 1 through 13, dated October 19, 1996.

ARTICLE I--PURPOSES AND AUTHORITIES This Compact is made and entered into by and between the participating member States which enact this Compact, hereinafter called party States. For the purposes of this agreement, the term “ States ” is taken to mean the several States, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this Compact is to provide for mutual assistance between the States entering into this Compact in managing any emergency or disaster that is duly declared by the Governor of the affected State(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This Compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party States or subdivisions of party States during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this Compact may include the use of the States' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between States.

ARTICLE II--GENERAL IMPLEMENTATION Each party State entering into this Compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this Compact. Each State further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full and effective utilization of resources of the participating States, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party State, shall be the underlying principle on which all articles of this Compact shall be understood. On behalf of the Governor of each State participating in the Compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this Compact.

ARTICLE III--PARTY STATE RESPONSIBILITIES 1. It shall be the responsibility of each party State to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this Article. In formulating such plans, and in carrying them out, the party States, insofar as practical, shall: (a) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party States might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack. (b) Review party States' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (d) Assist in warning communities adjacent to or crossing the state boundaries. (e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material. (f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. (g) Provide, to the extent authorized by law, for temporary suspension of any statutes. 2. The authorized representative of a party State may request assistance of another party State by contacting the authorized representative of that State. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (a) A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (b) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (c) The specific place and time for staging of the assisting party's response and a point of contact at that location. 3. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party States with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities.

ARTICLE IV--LIMITATIONS Any party State requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this Compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall afford to the emergency forces of any party State, while operating within its state limits under the terms and conditions of this Compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights and privileges as are afforded forces of the State in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the State receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party State that is to receive assistance or commencement of exercise or training for mutual aid and shall continue so long as the exercise or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving State(s), whichever is longer.

ARTICLE V--LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any State party to the Compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party State, such person shall be deemed licensed, certified or permitted by the State requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting State may be prescribed by executive order or otherwise.

ARTICLE VI--LIABILITY Officers or employees of a party State rendering aid in another State pursuant to this Compact shall be considered agents of the requesting State for tort liability and immunity purposes; and no party State or its officers or employees rendering aid in another State pursuant to this Compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this Article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII--SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that among the States that are party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or affect any other agreements already in force between States. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII--COMPENSATION Each party State shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that State and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if the injury or death were sustained within their own State.

ARTICLE IX--REIMBURSEMENT Any party State rendering aid in another State pursuant to this Compact shall be reimbursed by the party State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any two or more party States may enter into supplementary agreements establishing a different allocation of costs among those States. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X--EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party States and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the State from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receiving evacuees and the party State from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party State from which the evacuees come. After the termination of the emergency or disaster, the party State from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI--IMPLEMENTATION 1. This Compact shall become operative immediately upon its enactment into law by any two (2) States; thereafter, this Compact shall become effective as to any other State upon its enactment by such State. 2. Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the Governor of the withdrawing State has given notice in writing of such withdrawal to the Governors of all other party States. Such action shall not relieve the withdrawing State from obligations assumed hereunder prior to the effective date of withdrawal. 3. Duly authenticated copies of this Compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

ARTICLE XII--VALIDITY This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII--ADDITIONAL PROVISIONS Nothing in this Compact shall authorize or permit the use of military force by the National Guard of a State at any place outside that State in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under section 1385 of Title 18, United States Code .
Nev. Rev. Stat. § 412.216 — NV Code / Title 36 / Chapter 412 / Section 412.216
“Commissioned officer” defined
Status: in_force

“ Commissioned officer ” includes an officer commissioned in the Armed Forces of the United States and all warrant officers of the same.
Nev. Rev. Stat. § 412.262 — NV Code / Title 36 / Chapter 412 / Section 412.262
Territorial applicability of Nevada Code of Military Justice
Status: in_force

1. This Code applies throughout the State. It also applies to all persons otherwise subject to this Code while they are serving outside the State, and while they are going to and returning from such service outside the State, in the same manner and to the same extent as if they were serving inside the State.

2. Courts-martial and courts of inquiry may be convened and held in units of the Nevada National Guard while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this Code as if the proceedings were held inside the State; and offenses committed outside the State may be tried and punished either inside or outside the State.
Nev. Rev. Stat. § 412.478 — NV Code / Title 36 / Chapter 412 / Section 412.478
Failure to make required move
Status: in_force

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.428 — NV Code / Title 36 / Chapter 412 / Section 412.428
Approval by convening authority
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as the convening authority in his or her discretion determines should be approved. Unless he or she indicated otherwise, approval of the sentence is approval of the findings and sentence.
Nev. Rev. Stat. § 412.576 — NV Code / Title 36 / Chapter 412 / Section 412.576
Payment and disposition of fine
Status: in_force

1. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court-martial shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or constable of the county, commanding him or her to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed.

2. Such warrant shall be executed and renewed in the same manner as executions from Justice Courts are executed and renewed.

3. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.

4. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member and accounted for by the commanding officer in the same manner as are other state funds.

5. Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the State and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner: (a) By cash or money order; (b) By retention of any pay or allowances due or to become due to the person fined from any state or the United States; or (c) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.
Nev. Rev. Stat. § 412.218 — NV Code / Title 36 / Chapter 412 / Section 412.218
“Confinement” defined
Status: in_force

“Confinement” means the physical restraint of a person.
Nev. Rev. Stat. § 414.033 — NV Code / Title 36 / Chapter 414 / Section 414.033
“Coordinator” defined
Status: in_force

“Coordinator” means the Coordinator of Search and Rescue.
Nev. Rev. Stat. § 414.0315 — NV Code / Title 36 / Chapter 414 / Section 414.0315
“Chief” defined
Status: in_force

“ Chief ” means the Chief of the Division of Emergency Management of the Office of the Military.
Nev. Rev. Stat. § 414.042 — NV Code / Title 36 / Chapter 414 / Section 414.042
Plan to prepare for emergency or disaster: Contents; annual review
Status: in_force

1. The written plan to prepare for an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation: (a) Prescribe a program for developing and maintaining the capabilities of state agencies, local governments and Indian tribes or nations to respond to and recover from an emergency or disaster, including, without limitation, any training, drills or exercises; (b) Prescribe a schedule for reviewing plans for emergency management adopted by a political subdivision of this State or an Indian tribe or nation; (c) Prescribe a program for disseminating information to the public regarding the mitigation of, preparation for, response to and recovery from an emergency or disaster; (d) Prescribe a program for coordinating the response to an emergency or disaster at the state level; and (e) Identify and prescribe programs to address any gaps in emergency response or any needs identified in vulnerability assessments relating to hazards.

2. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Nev. Rev. Stat. § 414.320 — NV Code / Title 36 / Chapter 414 / Section 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
Status: in_force

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.
Nev. Rev. Stat. § 412.302 — NV Code / Title 36 / Chapter 412 / Section 412.302
Records of nonjudicial punishment
Status: in_force

The Adjutant General may, by Office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302 , inclusive, and may also prescribe that certain categories of those proceedings must be in writing.
Nev. Rev. Stat. § 412.2875 — NV Code / Title 36 / Chapter 412 / Section 412.2875
Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding
Status: in_force

1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.

2. Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.

3. No superior may: (a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or (b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.

4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation: (a) The nature of the offense and the circumstances surrounding the commission of the offense; (b) The age, rank, duty assignment, record and experience of the offender; and (c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.

5. The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302 , inclusive, is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302 , inclusive, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.
Nev. Rev. Stat. § 415A.050 — NV Code / Title 36 / Chapter 415A / Section 415A.050
“Emergency” defined
Status: in_force

“ Emergency ” means an event or condition that is proclaimed an emergency or disaster pursuant to NRS 414.070 .
Nev. Rev. Stat. § 412.414 — NV Code / Title 36 / Chapter 412 / Section 412.414
Execution of confinement
Status: in_force

1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the State or of any political subdivision thereof.

2. No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.

3. The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the Governor, or by such person as the Governor may authorize to act under NRS 412.276 , shall: (a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court; and (b) Confine them according to law. A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.
Nev. Rev. Stat. § 415A.010 — NV Code / Title 36 / Chapter 415A / Section 415A.010
Short title
Status: in_force

This chapter may be cited as the Uniform Emergency Volunteer Health Practitioners Act.
Nev. Rev. Stat. § 413.010 — NV Code / Title 36 / Chapter 413 / Section 413.010
Legislative appropriations for Nevada Wing 27001 of Civil Air Patrol
Status: in_force

Money may be appropriated by the Legislature from the State General Fund for the support of Nevada Wing 27001 of the Civil Air Patrol to:

1. Carry out crash, rescue and emergency operations, support federal, state and local law enforcement agencies in homeland defense and narcotics interdiction missions, and provide organization and training therefor;

2. Provide for cadet training activities; and

3. Purchase, repair and maintain emergency and training equipment.
Nev. Rev. Stat. § 412.376 — NV Code / Title 36 / Chapter 412 / Section 412.376
Statute of limitations; computation and suspension of period of limitation
Status: in_force

1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.

2. Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under NRS 412.554 , is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

3. Except as otherwise provided in this section or title 15 of NRS, a person charged with any offense is not liable to be tried by court-martial or punished under NRS 412.286 to 412.302 , inclusive, if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under NRS 412.286 to 412.302 , inclusive.

4. Periods in which the accused is absent without authority or fleeing from justice are excluded in computing the period of limitation prescribed in this section.

5. Periods in which the accused was absent from territory in which the State has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, are excluded in computing the period of limitation prescribed in this section.

6. When the United States is at war, the running of any statute of limitations applicable to any offense under this Code: (a) Involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not; (b) Committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or (c) Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of war or with any disposition of termination inventory by any war contractor or government agency, is suspended until 2 years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the Congress of the United States.

7. If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications: (a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and (b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
Nev. Rev. Stat. § 414.280 — NV Code / Title 36 / Chapter 414 / Section 414.280
Duties generally; annual report; immunity from certain civil actions
Status: in_force

1. The State Disaster Identification Coordination Committee shall: (a) Notify providers of health care, as defined in NRS 629.031 , in writing of the provisions of NRS 629.043 . (b) Develop a plan for performing its duties pursuant to NRS 414.285 during activation. Such a plan is confidential and must be securely maintained by each person who has possession, custody or control of the plan. (c) Annually review the plan developed pursuant to paragraph (b) and annually practice carrying out the plan. (d) On or before January 31 of each year, submit a report to the Chief, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature, if the report is submitted in an even-numbered year, or the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation: (1) A description of the activities of the State Disaster Identification Coordination Committee for the immediately preceding calendar year; and (2) A summary of any policies or procedures adopted by the State Disaster Identification Coordination Committee for the immediately preceding calendar year. (e) Upon the request of a political subdivision made for the purpose of performing reunification or identification services, share information obtained in a report submitted to the Committee pursuant to NRS 629.043 with the political subdivision, including, without limitation, the local health authority, the local law enforcement, the local emergency manager, the local coroner or other persons assigned by the political subdivision to perform reunification and identification services.

2. A member of the State Disaster Identification Coordination Committee is immune from any civil action for any disclosure made in good faith in accordance with paragraph (e) of subsection 1.
Nev. Rev. Stat. § 414A.150 — NV Code / Title 36 / Chapter 414A / Section 414A.150
Reimbursement of assisting participant: Initial notice; final request; extension of deadlines; duty to pay certain costs; facilitation by Division upon request; disputes; Division not liable for claims
Status: in_force

1. Except as otherwise provided in subsection 3, within 10 business days after the completion of all activities taken in response to a request for intrastate mutual aid, each assisting participant shall provide a written notice to the requesting participant if the assisting participant intends to seek reimbursement from the requesting participant.

2. Except as otherwise provided in subsection 3, within 60 calendar days after the completion of the activities specified in subsection 1, the assisting participant shall provide to the requesting participant a final request for reimbursement which must include: (a) A summary of the services provided; (b) An invoice setting forth all services provided and the total amount of the reimbursement requested; (c) Any supporting documentation; (d) Any additional forms required by the System; and (e) The name and contact information of a person to contact if more information is needed.

3. If an assisting participant requires additional time to comply with the provisions of subsection 1 or 2, the assisting participant must request an extension in writing from the requesting participant. A requesting participant may, for good cause shown, grant an extension for an additional reasonable period.

4. A requesting participant shall reimburse an assisting participant for all reasonable costs incurred by the assisting participant in responding to the request for intrastate mutual aid, including, without limitation, any costs related to the use of personnel and equipment and travel. All costs must be documented in order to be eligible for reimbursement pursuant to this section, unless otherwise agreed upon by the requesting participant and assisting participant. Any costs associated with resources which were used without request are not eligible for reimbursement.

5. Reimbursement may be facilitated through the Division, upon request.

6. If a dispute between participants occurs regarding reimbursement, the participant disputing the reimbursement shall provide a written notice to the other participant setting forth the issues in dispute. If the dispute is not resolved within 90 days after the notice is provided, either participant may submit the matter to binding arbitration, which must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association.

7. The Division is not liable for any claim relating to the reimbursement of costs for providing intrastate mutual aid.
Nev. Rev. Stat. § 412.194 — NV Code / Title 36 / Chapter 412 / Section 412.194
Absence without leave: Discharge
Status: in_force

When an enlisted person of the Nevada National Guard absents himself or herself without leave and there is reason to believe that he or she does not intend to return, he or she may be discharged in accordance with Office regulations.
Nev. Rev. Stat. § 414.075 — NV Code / Title 36 / Chapter 414 / Section 414.075
Authority of Governor to request mutual aid from participant in Nevada Intrastate Mutual Aid System to assist in provision of aid pursuant to Emergency Management Assistance Compact
Status: in_force

1. If interstate mutual aid is provided to a party state pursuant to the Compact ratified by the Legislature pursuant to NRS 415.010 , the Governor may, pursuant to chapter 414A of NRS , request mutual aid from a participant for use in providing aid in that state. If a participant provides emergency responders pursuant to a request made by the Governor, those emergency responders shall be deemed agents of this State.

2. As used in this section, “participant” has the meaning ascribed to it in NRS 414A.045 .
Nev. Rev. Stat. § 414.100 — NV Code / Title 36 / Chapter 414 / Section 414.100
Agreements for reciprocal aid
Status: in_force

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.
Nev. Rev. Stat. § 412.498 — NV Code / Title 36 / Chapter 412 / Section 412.498
Resisting arrest; escape
Status: in_force

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.178 — NV Code / Title 36 / Chapter 412 / Section 412.178
Efficiency and medical examining boards: Procedure; powers
Status: in_force

Efficiency and medical examining boards appointed by the Governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal laws and regulations and Office regulations. Any officer ordered to appear before such a board is entitled to appear in person or by counsel, to cross-examine witnesses and to call witnesses on his or her behalf. He or she is entitled at all stages of the proceeding to full access to records pertinent to his or her case and to be furnished copies of such records. Failure to appear before such examining board is sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the State. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter, the Governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible.
Nev. Rev. Stat. § 414.044 — NV Code / Title 36 / Chapter 414 / Section 414.044
Plan for recovery from emergency or disaster: Contents; training; annual review and revision
Status: in_force

1. The written plan for recovery from an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation: (a) Establish an organizational structure that facilitates support by the Division of Emergency Management of the Office of the Military of any recovery activities conducted by local governments and Indian tribes or nations after an emergency or disaster; (b) Assign roles and responsibilities to state agencies to support recovery activities; (c) Identify persons who are employees of federal agencies, state and local governmental agencies, Indian tribes or nations, private organizations or other entities identified by the Division who will serve as liaisons between those agencies, organizations or entities and the Division to coordinate recovery activities; and (d) Facilitate the stabilization, rebuilding and revitalization of communities impacted by an emergency or disaster.

2. Upon request of a state agency, local government or Indian tribe or nation, the Division shall provide training regarding the plan.

3. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Nev. Rev. Stat. § 412.153 — NV Code / Title 36 / Chapter 412 / Section 412.153
Personal information in documents submitted to county recorder: Confidentiality
Status: in_force

1. Except as otherwise provided in this subsection and NRS 239B.030 and 247.090 , a county recorder shall ensure that any personal information of a member of the Nevada National Guard contained in any document which is related to the member's military service and is recorded, filed or otherwise submitted to the county recorder by or on behalf of the member is maintained in a confidential manner. The county recorder may disclose the personal information to any person designated in writing by the member or, upon the member's death, by a person authorized by subsection 2 of NRS 247.090 to inspect and copy the document containing the personal information.

2. As used in this section, “personal information” has the meaning ascribed to it in NRS 603A.040 .
Nev. Rev. Stat. § 414.038 — NV Code / Title 36 / Chapter 414 / Section 414.038
“Political subdivision” defined
Status: in_force

“Political subdivision” means a city or county.
Nev. Rev. Stat. § 412.166 — NV Code / Title 36 / Chapter 412 / Section 412.166
Oath
Status: in_force

Every officer of the Nevada National Guard shall take and subscribe to the following oath:

I, ______________________________, do solemnly swear 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 will obey the orders of the President of the United States and of the Governor of the State of Nevada; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ________________________________ in the National Guard of the State of Nevada, upon which I am about to enter, so help me God.
Nev. Rev. Stat. § 412.108 — NV Code / Title 36 / Chapter 412 / Section 412.108
Lease or agreement for use of armory; deposit of use fees in Adjutant General’s Special Armory Account
Status: in_force

1. The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions: (a) The full name and address of the applicant; (b) The purpose for which its use is desired; (c) The nature and manner of the intended use of the space; (d) A reasonable rental, which may include a security deposit, to be paid for that use; and (e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

2. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

3. No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or the officer's authorized representative, and has been approved by his or her military superiors as prescribed by Office regulations issued pursuant to this chapter.

4. No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or the officer's authorized representative.

5. All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or the officer's authorized representative. Any person other than the officer in charge of the armory or the officer's authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or the officer's authorized representative, who shall immediately forward the money to the office of the Adjutant General to be placed in an account in the State General Fund entitled the Adjutant General's Special Armory Account, to be used by the Office to: (a) Make necessary repairs and improvements of state armories; (b) Construct new facilities; (c) Fund military activities and affairs; (d) Further relations with the community in which the armory is located; and (e) Further relations with the State.

6. The expenditures made pursuant to subsection 5 must be made according to Office regulations and must be approved by a board of three persons appointed by the Adjutant General.

7. When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.
Nev. Rev. Stat. § 412.2877 — NV Code / Title 36 / Chapter 412 / Section 412.2877
Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer
Status: in_force

1. Commanding officers have authority to impose nonjudicial punishment upon military personnel under their command. The authority of a commanding officer to impose nonjudicial punishment for certain types of offenses or certain categories of persons, or to impose certain types of punishment in specific cases, may be limited or withheld by a superior officer.

2. Only the Governor and general officers in command may delegate their authority under subsection 1 to a principal assistant. This limitation on delegation of authority does not remove the authority of other commanding officers authorized to act under this Code, but such other commanding officers may not delegate that authority. A commanding officer superior to the commanding officer having authority to impose nonjudicial punishment may withhold that authority.

3. A commanding officer at any echelon may withhold from any subordinate commanding officer all or part of the authority prescribed in subsection 1, including, without limitation, the authority to impose nonjudicial punishment for specific types of offenses that the subordinate would otherwise impose. When authority is withheld, such action should be explained in a clearly defined writing or directive. The original of the writing or directive must be filed in the office of the applicable judge advocate who serves the commanding officer whose authority has been withheld. Any such withholding remains in effect when a new commanding officer is appointed or assumes command, until and unless expressly revoked by the superior commanding officer. Any such action should be addressed to the position held by the commanding officer whose authority has been withheld, not to the commanding officer by name.
Nev. Rev. Stat. § 412.114 — NV Code / Title 36 / Chapter 412 / Section 412.114
Air National Guard
Status: in_force

The air force of the Nevada National Guard shall be the Nevada Air National Guard and shall be composed of the air force units which are a part of the Nevada National Guard on July 1, 1967, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. No person may be a member of the Nevada Air National Guard who is not federally recognized as such.
Nev. Rev. Stat. § 412.5485 — NV Code / Title 36 / Chapter 412 / Section 412.5485
Sexual assault
Status: in_force

1. Any person subject to this Code who engages in or attempts to engage in intentional sexual contact with another person and such sexual contact is characterized by the use of force, threats, intimidation or abuse of authority or occurs when the victim does not or cannot consent is guilty of sexual assault and shall be punished by way of nonjudicial punishment or as a court-martial may direct.

2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault.

3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.

4. As used in this section: (a) “ Consent ” means an agreement to sexual contact that is freely given by a competent person. For the purposes of this section: (1) There is no consent if a person expresses a lack of consent through words or conduct. (2) The following circumstances do not constitute consent: (I) A lack of verbal or physical resistance by a person; (II) The submission of a person to sexual contact as a result of the use of force or threat of the use of force or the placing of the person in fear; (III) The fact alone that a person is currently or was previously in a dating, social or sexual relationship with the person engaging or attempting to engage in sexual contact in violation of subsection 1; or (IV) The manner of dress of a person. (3) A person cannot provide consent: (I) If the person is sleeping, unconscious or incompetent; (II) To being subjected to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; or (III) While under threat or in fear. (4) All of the surrounding circumstances must be considered in determining whether a person provided consent. (b) “ Sexual contact ” means touching or causing another person to touch, with any part of the body or with an object and either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh or buttocks of another person with an intent to abuse, humiliate, harass or degrade any person or to arouse or gratify the sexual desire of any person.
Nev. Rev. Stat. § 412.288 — NV Code / Title 36 / Chapter 412 / Section 412.288
Imposition and enforcement of disciplinary punishment without court-martial
Status: in_force

1. Subject to NRS 412.286 , a commanding officer may impose one or more of the following authorized maximum disciplinary punishments listed in this subsection for minor offenses, without the intervention of a court-martial: (a) The maximum punishments a company grade officer may impose upon enlisted members of the officer's command for each offense are: (1) For traditional guard members of the Nevada National Guard: (I) Suspension from duty for not more than two drill periods which need not be consecutive; (II) Forfeiture of pay for not more than two drill periods which need not be consecutive; (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction; (IV) Withholding of privileges for not more than 6 consecutive months; (V) Reprimand; and (VI) Admonition. (2) For active guard reserve members of the Nevada National Guard: (I) Suspension from duty for not more than 14 days which need not be consecutive; (II) Forfeiture of pay for not more than 14 days which need not be consecutive; (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction; (IV) Withholding of privileges for not more than 6 consecutive months; (V) Reprimand; and (VI) Admonition. (b) The maximum punishments a commanding officer of the grade of major or above may impose upon enlisted members of the officer's command are: (1) Any punishment authorized in paragraph (a). (2) For traditional guard members of the Nevada National Guard: (I) Suspension from duty for not more than four drill periods which need not be consecutive; (II) Forfeiture of pay for not more than four drill periods which need not be consecutive; and (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades. (3) For active guard reserve members of the Nevada National Guard: (I) Suspension from duty for not more than 1 month, the days of which need not be consecutive; (II) Forfeiture of pay for not more than 1 month, the days of which need not be consecutive; and (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades. (c) The maximum punishments which a commanding officer may impose upon officers under the commanding officer's command are: (1) Any punishment otherwise authorized pursuant to this section and, if the commanding officer is a major or above, any punishment authorized in paragraph (b). (2) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command: (I) For traditional guard members of the Nevada National Guard, suspension from duty for not more than eight drill periods which need not be consecutive and forfeiture of pay for not more than one-half of one drill period's pay for eight drill periods which need not be consecutive. (II) For active guard reserve members of the Nevada National Guard, suspension from duty for not more than 2 months, the days of which need not be consecutive and forfeiture of pay for not more than one-half of 1 month's pay for 2 months, the days of which need not be consecutive.

2. The Governor, the Adjutant General, an officer exercising general court-martial authority or an officer of a general or flag rank may impose any punishment authorized in subsection 1 upon any officer or enlisted member of the officer's command.
Nev. Rev. Stat. § 412.583 — NV Code / Title 36 / Chapter 412 / Section 412.583
Uniformity of construction
Status: in_force

This Code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq.
Nev. Rev. Stat. § 416.100 — NV Code / Title 36 / Chapter 416 / Section 416.100
Penalties for violation of regulation or order
Status: in_force

1. Any person who violates any regulation or order issued by the Governor pursuant to this chapter is guilty of a misdemeanor.

2. In addition to any other penalties which may be imposed pursuant to this section, any person who violates any such regulation or order issued by the Governor is liable for a civil penalty of not more than $1,000.

3. Each day of violation shall be considered a separate offense.
Nev. Rev. Stat. § 412.036 — NV Code / Title 36 / Chapter 412 / Section 412.036
Applicability of custom and usage of United States Army and United States Air Force
Status: in_force

All matters relating to the organization, discipline and government of the Nevada National Guard not otherwise provided for in this chapter or in Office regulations must be decided by the custom and usage of the United States Army or United States Air Force, respectively.
Nev. Rev. Stat. § 414.095 — NV Code / Title 36 / Chapter 414 / Section 414.095
Emergency management plan must address needs of persons with pets, service animals or service animals in training
Status: in_force

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: (a) Address the needs of persons with pets, service animals or service animals in training during and after an emergency or disaster; (b) To the extent practicable, designate at least one shelter to accommodate persons with pets; and (c) To the extent practicable, include provisions for the evacuation, transport and shelter of persons with pets.

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 .
Nev. Rev. Stat. § 412.584 — NV Code / Title 36 / Chapter 412 / Section 412.584
Delegation of authority by Governor; exceptions
Status: in_force

The Governor may delegate any authority vested in him or her under this Code, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by NRS 412.316 and 412.324 .
Nev. Rev. Stat. § 412.448 — NV Code / Title 36 / Chapter 412 / Section 412.448
Finality of proceedings, findings and sentence
Status: in_force

The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this Code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval, as required by this Code, are final and conclusive. Orders publishing the proceedings of court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the State, subject only to action upon a petition for a new trial as provided in NRS 412.442 .
Nev. Rev. Stat. § 412.426 — NV Code / Title 36 / Chapter 412 / Section 412.426
Rehearing or dismissal of charges upon disapproval of findings and sentence
Status: in_force

1. If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
Nev. Rev. Stat. § 412.258 — NV Code / Title 36 / Chapter 412 / Section 412.258
Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment
Status: in_force

1. If any commissioned officer dismissed by order of the Governor makes a written application for trial by court-martial, setting forth under oath that the officer has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he or she shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he or she is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal; but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Chief of Staff to the Governor shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

2. If the Governor fails to convene a general court-martial within 6 months from the presentation of an application for trial under this Code, the Chief of Staff to the Governor shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

3. If a discharge is substituted for a dismissal under this Code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.

4. If an officer is discharged from the Nevada National Guard by administrative action or by board proceedings under law, or is dropped from the rolls by order of the Governor, he or she has no right to trial under this section.
Nev. Rev. Stat. § 412.164 — NV Code / Title 36 / Chapter 412 / Section 412.164
Qualifications
Status: in_force

1. No person may be appointed or promoted as a commissioned officer of the Nevada National Guard unless he or she has passed such examination as to his or her physical, moral and professional qualifications as may be prescribed by applicable federal laws and regulations and Office regulations.

2. No person may be recognized as a commissioned officer of the Nevada National Guard and no appointment as such may become effective until he or she has taken and subscribed to the oath of office prescribed in NRS 412.166 . The oath may be administered and certified by any commissioned officer of the Nevada National Guard, or other person authorized to administer oaths under the laws of the State of Nevada, and no charge may be made for that act.
Nev. Rev. Stat. § 412.388 — NV Code / Title 36 / Chapter 412 / Section 412.388
Contempt; penalty
Status: in_force

A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. A person not subject to this Code may be punished for contempt by a military court in the same otherwise applicable manner as that person could be punished if found in contempt of a criminal or civil court of the State.
Nev. Rev. Stat. § 414.031 — NV Code / Title 36 / Chapter 414 / Section 414.031
“Board” defined
Status: in_force

“Board” means the Board of Search and Rescue.
Nev. Rev. Stat. § 412.522 — NV Code / Title 36 / Chapter 412 / Section 412.522
Aiding enemy
Status: in_force

Any person subject to this Code who:

1. Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or

2. Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.588 — NV Code / Title 36 / Chapter 412 / Section 412.588
Repossession of military property by State; penalty for failure to deliver or resistance to repossession
Status: in_force

1. When the Governor or Adjutant General orders the return to the State of any arms, equipment, military stores or other military property belonging to the State, or for which the State is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the State.

2. Any person who fails to deliver military property as prescribed by subsection 1 or resists any officer in the performance of the duty required of him or her by subsection 1 is guilty of a misdemeanor.
Nev. Rev. Stat. § 412.084 — NV Code / Title 36 / Chapter 412 / Section 412.084
Receipt and disposition of certain federal money
Status: in_force

The Adjutant General may accept, receive and receipt for moneys made available from the Federal Government in connection with any type service contracts for federal property used by the State. All federal moneys received by the Adjutant General under this section shall be deposited in the State Treasury.
Nev. Rev. Stat. § 415A.200 — NV Code / Title 36 / Chapter 415A / Section 415A.200
Regulation by Division of Emergency Management; duty of host entity to coordinate activities and comply with laws
Status: in_force

1. While an emergency declaration is in effect, the Division may by order limit, restrict or otherwise regulate: (a) The duration of practice by volunteer health practitioners; (b) The geographical areas in which volunteer health practitioners may practice; (c) The types of volunteer health practitioners who may practice; and (d) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

2. An order issued pursuant to subsection 1 may take effect immediately, without prior notice or comment, and is not a regulation for the purposes of chapter 233B of NRS .

3. A host entity that uses volunteer health practitioners to provide health or veterinary services in this State shall: (a) Consult with and coordinate its activities with the Division to the extent practicable to provide for the efficient and effective use of those volunteer health practitioners; and (b) Comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including, without limitation, the provisions of chapters 414 and 414A of NRS.
Nev. Rev. Stat. § 412.322 — NV Code / Title 36 / Chapter 412 / Section 412.322
Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice
Status: in_force

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when the person is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. chapter 47 , may, upon conviction, adjudge such punishment as may be appropriate, except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.
Nev. Rev. Stat. § 412.3945 — NV Code / Title 36 / Chapter 412 / Section 412.3945
Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court
Status: in_force

1. It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.

2. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

3. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused: (a) Guilty; (b) Not guilty; or (c) Not guilty by reason of lack of mental responsibility. Notwithstanding the provisions of NRS 412.396 , the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.

4. The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused: (a) Guilty; (b) Not guilty; or (c) Not guilty only by lack of mental responsibility. Notwithstanding the provisions of NRS 412.396 , the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Nev. Rev. Stat. § 412.384 — NV Code / Title 36 / Chapter 412 / Section 412.384
Obtaining witnesses and evidence: Procedure; service of process
Status: in_force

1. The trial counsel, the defense counsel and the court-martial must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with Office regulations.

2. The military judge or a summary court officer may: (a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court; (b) Issue subpoenas duces tecum and other subpoenas; (c) Enforce by attachment the attendance of witnesses and the production of books and papers; and (d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the State.

3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may run to any part of the State and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.
Nev. Rev. Stat. § 414.0358 — NV Code / Title 36 / Chapter 414 / Section 414.0358
“Hazard” defined
Status: in_force

“ Hazard ” means an event or physical condition that has the potential to cause an emergency or disaster.
Nev. Rev. Stat. § 412.5486 — NV Code / Title 36 / Chapter 412 / Section 412.5486
Sexual harassment
Status: in_force

Any person subject to this Code who engages in or attempts to engage in influencing, offering to influence or threatening the career, pay or job of another person in exchange for sexual favors or who makes deliberate or repeated offensive comments or gestures of a sexual nature to or in the presence of another person is guilty of sexual harassment and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
Nev. Rev. Stat. § 412.064 — NV Code / Title 36 / Chapter 412 / Section 412.064
Establishment; duties; regulations; powers; administration of chapters 414 and 414A of NRS by Division of Emergency Management
Status: in_force

1. The Office of the Military is hereby established. The Office, under the direction of the Governor, shall supervise the military and emergency management affairs of the State.

2. The Office shall adopt, subject to the approval of the Governor, necessary regulations for the organization, government, armament, equipment, training and compensation of the militia of the State in conformity with the provisions of this chapter and the laws of the United States.

3. The Office shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

4. The Office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.

5. The Office may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

6. The Division of Emergency Management of the Office of the Military shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other statute.
Nev. Rev. Stat. § 412.117 — NV Code / Title 36 / Chapter 412 / Section 412.117
Privacy of members of opposite sexes
Status: in_force

The Nevada National Guard shall provide for personal privacy as between members of the opposite sexes.
Nev. Rev. Stat. § 415A.150 — NV Code / Title 36 / Chapter 415A / Section 415A.150
“Scope of practice” defined
Status: in_force

“ Scope of practice ” means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including, without limitation, any conditions imposed by the relevant licensing authority.
Nev. Rev. Stat. § 416.090 — NV Code / Title 36 / Chapter 416 / Section 416.090
Filing notice of official action; period of effectiveness of official action; issuance of new declaration of emergency upon expiration of prior declaration
Status: in_force

1. Notice of any official action taken by the Governor pursuant to NRS 416.050 or subsection 1 or 2 of NRS 416.060 , including a proclamation of a water or energy emergency or the issuance, amendment, suspension or rescission of any regulation or order, shall be filed with the Secretary of State.

2. The official action shall be effective for a period of not more than 120 days after the date of filing unless the action is rescinded by the Governor before such expiration date.

3. The Governor shall cause widespread publicity to be given to the filing of the notice of official action.

4. Nothing in this section prohibits the Governor from issuing a new declaration of a water or energy emergency upon the expiration of a prior declaration when such an emergency or the threat of an imminent emergency continues to exist.
Nev. Rev. Stat. § 416.070 — NV Code / Title 36 / Chapter 416 / Section 416.070
Confidentiality of information furnished at request of Governor; protective order; penalty for disclosure
Status: in_force

1. Except as otherwise provided in NRS 239.0115 , any information furnished under NRS 416.040 and designated as confidential by the person providing the information shall be maintained as confidential by the Governor and any other person who obtains information which he or she knows to be confidential under this section.

2. The Governor shall not make known in any manner any particulars of the information to any person other than those he or she designates in writing as having a need to know such information.

3. No subpoena or other judicial order may be issued compelling the Governor or any other person to divulge or make known the confidential information, except when the information is relevant to proceedings under subsection 6.

4. Nothing in this section prohibits use of confidential information to prepare statistics or other general data for publication in such a manner that the identity of particular persons or business establishments is protected.

5. Any person or business establishment who is served with a subpoena to give oral testimony or to produce any book, paper, correspondence, memorandum, account, agreements or other document or record pursuant to this chapter may apply to any district court for a protective order as provided by Rule 26 of the Nevada Rules of Civil Procedure.

6. In addition to any other penalties provided by law, a person who willfully discloses confidential information in violation of this section is subject to removal from office or immediate dismissal from public employment.
Nev. Rev. Stat. § 414A.100 — NV Code / Title 36 / Chapter 414A / Section 414A.100
Establishment; administration; regulations
Status: in_force

1. The Nevada Intrastate Mutual Aid System is hereby established within the Division.

2. The Chief of the Division, subject to the direction and control of the Adjutant General of the Office of the Military, shall administer the System pursuant to the provisions of this chapter and shall: (a) Coordinate the provision of mutual aid during the response to and recovery from an emergency or disaster; (b) Maintain records of the requests for and provision of mutual aid throughout this State; (c) Identify, maintain an inventory of and coordinate participant personnel and equipment available for intrastate mutual aid response; (d) Provide information and assistance, upon request, to participants concerning reimbursement for services and other guidelines and procedures developed by the Intrastate Mutual Aid Committee pursuant to subsection 4 of NRS 414A.110 ; and (e) Adopt regulations relating to the administration of the System.
Nev. Rev. Stat. § 412.018 — NV Code / Title 36 / Chapter 412 / Section 412.018
“Officer” defined
Status: in_force

“Officer” means a commissioned or warrant officer.
Nev. Rev. Stat. § 412.554 — NV Code / Title 36 / Chapter 412 / Section 412.554
Perjury
Status: in_force

Any person subject to this Code who in a judicial proceeding or in a course of justice conducted under this Code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 415A.220 — NV Code / Title 36 / Chapter 415A / Section 415A.220
Practice during declared emergency; volunteer health practitioner not entitled to protections if licensed in more than one state and any such license is suspended, revoked or subject to limiting or restricting order or was voluntarily terminated under threat of sanction
Status: in_force

1. Notwithstanding any other provision of law, while an emergency declaration is in effect, a volunteer health practitioner who is registered or provisionally registered with a registration system that complies with NRS 415A.210 and who is licensed and in good standing in the state upon which the practitioner's registration or provisional registration is based may practice in this State to the extent authorized by this chapter, as though the practitioner were licensed in this State.

2. A volunteer health practitioner qualified under subsection 1 is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Nev. Rev. Stat. § 412.308 — NV Code / Title 36 / Chapter 412 / Section 412.308
General court-martial
Status: in_force

Subject to NRS 412.306 , general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment allowed by the Code.
Nev. Rev. Stat. § 412.138 — NV Code / Title 36 / Chapter 412 / Section 412.138
Pay and allowances when National Guard used as labor force
Status: in_force

When members of the Nevada National Guard are called into state active duty by the Governor to fight a fire, combat a flood or any other emergency where members of the Nevada National Guard are performing as a labor force rather than a military force, they shall receive pay and allowances according to their respective military grade and pay status.
Nev. Rev. Stat. § 412.394 — NV Code / Title 36 / Chapter 412 / Section 412.394
Admissibility of records of courts of inquiry
Status: in_force

1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

3. Such testimony may also be read in evidence before a court of inquiry or a military board.
Nev. Rev. Stat. § 412.406 — NV Code / Title 36 / Chapter 412 / Section 412.406
Cruel and unusual punishments prohibited
Status: in_force

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Nev. Rev. Stat. § 416.040 — NV Code / Title 36 / Chapter 416 / Section 416.040
Power of Governor to request information, issue subpoenas and enter contracts
Status: in_force

The Governor or the Governor’s designee may:

1. Request any state agency or political subdivision of the State to supply any information in its possession or readily accessible to it concerning the use, supply, source, allocation or distribution of water or energy.

2. Request any business, industry, trade association or other organization or person doing business or representing persons doing business in this state to supply any information in their possession or that can reasonably be assumed to be readily accessible to them concerning the use, supply, source, allocation or distribution of water or energy.

3. Issue a subpoena to any officer or agent of any such public or private entity to appear before him or her and give oral testimony or produce any relevant book, paper, account, memorandum or record as was requested under subsection 1 or 2 and as may be necessary to deal with any actual or impending water or energy emergency in this state.

4. Enter into contracts for consulting or other services and take any other actions as are necessary to carry out the purposes of this chapter.
Nev. Rev. Stat. § 414.130 — NV Code / Title 36 / Chapter 414 / Section 414.130
Appropriations; acceptance of services, gifts, grants and loans
Status: in_force

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.
Nev. Rev. Stat. § 412.526 — NV Code / Title 36 / Chapter 412 / Section 412.526
Making false official statement
Status: in_force

Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.278 — NV Code / Title 36 / Chapter 412 / Section 412.278
Receipt of prisoner; report
Status: in_force

1. A provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any other jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by him or her, of the offense charged against the prisoner.

2. Every commander of a guard, master at arms, keeper or officer of a city or county jail or of any other jail, detention facility, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
Nev. Rev. Stat. § 412.5385 — NV Code / Title 36 / Chapter 412 / Section 412.5385
Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances
Status: in_force

1. Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces of the United States or of any state military forces a substance described in subsection 2 shall be punished as a court-martial may direct.

2. The substances referred to in subsection 1 include, without limitation: (a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana, and any compound or derivative of any such substance. (b) Any substance not specified in paragraph (a) that is listed in a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice of the Armed Forces of the United States, 10 U.S.C. §§ 801 et seq. (c) Any other substance not referenced pursuant to paragraph (a) or (b) and that is listed in schedules I to V, inclusive, of 21 U.S.C. § 812 .
Nev. Rev. Stat. § 415A.110 — NV Code / Title 36 / Chapter 415A / Section 415A.110
“Health services” defined
Status: in_force

“ Health services ” means treatment, care, advice or guidance, or other services or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including, without limitation:

1. The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care; and (b) Counseling, assessment, procedures or other services;

2. The sale or dispensing of a drug, a device, equipment or another item to an individual in accordance with a prescription; and

3. Funeral, cremation, cemetery or other mortuary services.
Nev. Rev. Stat. § 412.431 — NV Code / Title 36 / Chapter 412 / Section 412.431
Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of certain cases sent for action to Adjutant General; authority of senior force judge advocate to send record of certain cases to Governor for review and action; review authorized by senior force judge advocate upon finding of not guilty and submission of such reviewed cases to Adjutant General for action required
Status: in_force

1. The senior force judge advocate or his or her designee shall review each general and special court-martial case in which there has been a finding of guilty. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review of the senior force judge advocate or designee must be in writing and must contain the following: (a) Conclusions as to whether: (1) The court has jurisdiction over the accused and the offense; (2) The charge and specification stated an offense; and (3) The sentence was within the limits prescribed by law. (b) A response to each allegation of error made in writing by the accused. (c) If the case is sent for action pursuant to subsection 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

2. The record of trial and related documents in each case reviewed under subsection 1 must be sent for action to the Adjutant General if: (a) The senior force judge advocate who reviewed the case recommends corrective action; (b) The sentence approved includes dismissal, a bad-conduct discharge, dishonorable discharge or confinement for more than 6 months; or (c) Such action is otherwise required by regulations of the Adjutant General.

3. The Adjutant General may: (a) Disapprove or approve the findings or sentence, in whole or in part; (b) Remit, commute or suspend the sentence in whole or in part; (c) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both; or (d) Dismiss the charges.

4. If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

5. If the opinion of the senior force judge advocate or designee, in the review under subsection 1, is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the senior force judge advocate or designee, the record of trial and action thereon must be sent to the Governor for review and action as deemed appropriate.

6. The senior force judge advocate or his or her designee may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate or designee shall limit any review under this subsection to questions of subject matter jurisdiction as that jurisdiction is set forth in NRS 412.256 .

7. The record of trial and related documents in each case reviewed under subsection 6 must be sent for action to the Adjutant General.

8. The Adjutant General may: (a) When subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the Adjutant General deems appropriate; or (b) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
Nev. Rev. Stat. § 412.348 — NV Code / Title 36 / Chapter 412 / Section 412.348
Investigation: Procedure; rights of accused; uncharged offenses
Status: in_force

1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

2. The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.

4. If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is: (a) Present at the investigation; (b) Informed of the nature of each uncharged offense investigated; and (c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.

5. The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.
Nev. Rev. Stat. § 414.180 — NV Code / Title 36 / Chapter 414 / Section 414.180
Board of Search and Rescue: Duties
Status: in_force

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;

4. Coordinate training in techniques of search and rescue;

5. Establish recommendations for organizations specializing in search and rescue, and certify organizations which meet those recommendations at the appropriate level;

6. Maintain a list of all organizations certified pursuant to subsection 5 and their resources; and

7. Carry out the other duties assigned to it in this chapter.
Nev. Rev. Stat. § 412.506 — NV Code / Title 36 / Chapter 412 / Section 412.506
Noncompliance with procedural rules
Status: in_force

Any person subject to this Code who:

1. Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or

2. Knowingly and intentionally fails to enforce or comply with any provision of this Code regulating the proceedings before, during or after trial of an accused,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.304 — NV Code / Title 36 / Chapter 412 / Section 412.304
Courts-martial of Nevada National Guard not in federal service; composition
Status: in_force

1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.

2. The three types of courts-martial for the state military forces include: (a) General courts-martial, consisting of: (1) A military judge and not less than five members; or (2) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge, and the military judge approves the request. (b) Special courts-martial, consisting of: (1) A military judge and not less than three members; or (2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request. (c) Summary courts-martial, consisting of one commissioned officer.
Nev. Rev. Stat. § 412.286 — NV Code / Title 36 / Chapter 412 / Section 412.286
Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers
Status: in_force

1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302 , inclusive, with respect to the kind and amount of punishment authorized and the categories of commanding officers and warrant officers exercising command authorized to exercise those powers. Under Office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302 , inclusive, to a principal assistant.

2. When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered double punishment under the Code. For the purposes of this subsection, “ same offense ” means an offense that was part of a single incident or course of conduct.

3. After nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise, unless the punishment imposed was not provided for in the Code.

4. When a commanding officer determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including, without limitation, all such offenses arising from a single incident or course of conduct, must ordinarily be considered together, rather than being made the basis for multiple punishment.

5. Nonjudicial punishment may not be imposed for any offense which was committed more than 3 years before the date of imposition of punishment, unless such 3-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this Code.

6. Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one time, more than one punishment nonjudicially for the offense or offenses arising from a single incident or course of conduct authorized in the Code.
Nev. Rev. Stat. § 412.116 — NV Code / Title 36 / Chapter 412 / Section 412.116
Organization and training; policy of equality of treatment and opportunity
Status: in_force

1. The forces of the Nevada National Guard must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and Office regulations.

2. It hereby is declared to be the policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, gender, sexual orientation, gender identity or expression, or national origin.

3. As used in this section, “ sexual orientation ” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Nev. Rev. Stat. § 412.412 — NV Code / Title 36 / Chapter 412 / Section 412.412
Effective date of sentence
Status: in_force

1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended must be excluded in computing the service of the term of confinement. Office regulations may provide that sentences of confinement may not be executed until approved by designated officers.

3. All other sentences of courts-martial are effective on the date ordered executed.
Nev. Rev. Stat. § 412.454 — NV Code / Title 36 / Chapter 412 / Section 412.454
Principal
Status: in_force

Any person subject to this Code who:

1. Commits an offense punishable by this Code, or aids, abets, counsels, commands or procures its commission; or

2. Causes an act to be done which if directly performed by him or her would be punishable by this Code,

is a principal.
Nev. Rev. Stat. § 412.249 — NV Code / Title 36 / Chapter 412 / Section 412.249
“State military forces” defined
Status: in_force

“ State military forces ” means the members of the Nevada National Guard, reservists of the Nevada National Guard, and volunteer military organizations licensed by the Governor pursuant to NRS 412.126 to organize, drill and bear arms as volunteer military companies or volunteer military organizations.
Nev. Rev. Stat. § 414A.130 — NV Code / Title 36 / Chapter 414A / Section 414A.130
Request for mutual aid; duties of requesting participant
Status: in_force

1. Any participant may request intrastate mutual aid before, during or after a declared or undeclared emergency or disaster for: (a) Response, mitigation or recovery activities related to the emergency or disaster; and (b) Participation in drills or exercises in preparation for an emergency or disaster.

2. A participant may make a request for intrastate mutual aid: (a) Through the Division; or (b) If an urgent response is needed, directly to a participant, except that any request for a responding state agency must be made as provided in paragraph (a).

3. Each request for intrastate mutual aid must be documented and forwarded to the Division not more than 24 hours after the request is made.

4. A requesting participant shall: (a) Adequately describe the resources needed by the requesting participant; (b) Provide logistical and technical support, as needed, to any emergency responders provided by an assisting participant; and (c) Reimburse the assisting participant for costs incurred, if applicable, by the assisting participant in a timely manner.
Nev. Rev. Stat. § 412.046 — NV Code / Title 36 / Chapter 412 / Section 412.046
Adjutant General: Restriction on holding other office of profit
Status: in_force

Except as otherwise provided in NRS 284.143 , the Adjutant General shall not hold any city, county, state or federal office of profit while serving as Adjutant General.
Nev. Rev. Stat. § 412.238 — NV Code / Title 36 / Chapter 412 / Section 412.238
“Military court” defined
Status: in_force

“Military court” means a court-martial, a court of inquiry or a provost court.
Nev. Rev. Stat. § 412.282 — NV Code / Title 36 / Chapter 412 / Section 412.282
Certain punishments prohibited while held for trial or result of trial; performance of labor pending trial or result of trial
Status: in_force

Subject to NRS 412.412 , no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure his or her presence; but the person may be subjected to minor punishment during that period for infractions of discipline, and may be required to perform such labor as may be necessary for the policing and sanitation of his or her living quarters and messing facilities and the area immediately adjacent thereto.
Nev. Rev. Stat. § 414A.140 — NV Code / Title 36 / Chapter 414A / Section 414A.140
Assisting participant: Duties; command and control of emergency responders, assets and equipment; denial of request for mutual aid
Status: in_force

1. An assisting participant shall: (a) Except as otherwise provided in subsection 4, promptly respond to a request for intrastate mutual aid to the extent resources are available; (b) Ensure that all emergency responders provided by the assisting participant in response to the request have workers' compensation coverage in accordance with chapters 616A to 617, inclusive, of NRS; (c) Maintain a policy of liability and property insurance or a program of self-insurance on all vehicles and equipment used in response to the request; (d) Before responding to the request, provide a briefing to emergency responders, which must include information on recordkeeping in accordance with any requirements of the System; and (e) Submit timely, accurate and complete records and requests for reimbursement in accordance with those requirements, if applicable.

2. An emergency responder provided by an assisting participant remains under the command and, except as otherwise provided in this subsection, control of, and must comply with any requirements of, the participant with which or for which he or she is employed or volunteers, but is under the operational control of the requesting participant.

3. The assets and equipment of an assisting participant remain under the command and, except as otherwise provided in this subsection, control of the assisting participant, but are under the operational control of the requesting participant.

4. Any participant may deny a request for intrastate mutual aid if providing the requested assistance would prevent the participant from reasonably carrying out its duties in its jurisdiction.
Nev. Rev. Stat. § 412.354 — NV Code / Title 36 / Chapter 412 / Section 412.354
Advice of State Judge Advocate; reference for trial; formal correction of charges
Status: in_force

1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that: (a) The specification alleges an offense under this Code; (b) The specification is warranted by evidence indicated in the report of the investigation, if there is such a report; and (c) A court-martial would have jurisdiction over the accused and the offense.

2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.

3. The advice of the State Judge Advocate pursuant to subsection 1, with respect to a specification under a charge, must include a written and signed statement by the judge advocate: (a) Expressing conclusions with respect to each matter set forth in subsection 1; and (b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
Nev. Rev. Stat. § 412.332 — NV Code / Title 36 / Chapter 412 / Section 412.332
Eligibility to serve on courts-martial; excusal of member; president of special court-martial
Status: in_force

1. Any commissioned officer of or on duty with the Nevada National Guard is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

2. Any warrant officer of or on duty with the Nevada National Guard is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

3. Any enlisted member of the Nevada National Guard who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if, before the conclusion of a session called by the military judge before trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused serviceman or servicewoman may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. As used in this subsection, the word “ unit ” means any regularly organized body of the Nevada National Guard not larger than a company, a squadron or a corresponding body.

4. When it can be avoided, no person subject to this Code shall be tried by a court-martial any member of which is junior to him or her in rank or grade.

5. When convening a court-martial, the convening authority shall detail as members thereof such members of the Nevada National Guard as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the Nevada National Guard is eligible to serve as a member of a general or special court-martial when he or she is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.

6. Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.

7. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the State and of appropriate rank, the convening authority shall appoint him or her as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.
Nev. Rev. Stat. § 415A.190 — NV Code / Title 36 / Chapter 415A / Section 415A.190
Applicability
Status: in_force

This chapter applies to:

1. Volunteer health practitioners who are registered with a registration system that complies with NRS 415A.210 and who provide health or veterinary services in this State for a host entity: (a) While an emergency declaration is in effect; (b) While participating in required training exercises to prepare for the declaration of an emergency; or (c) When responding to an event with the reasonable expectation that the event will be declared an emergency.

2. Volunteer health practitioners who are provisionally registered with a registration system that complies with NRS 415A.210 and who provide health or veterinary services in this State for a host entity while an emergency declaration is in effect.
Nev. Rev. Stat. § 414.036 — NV Code / Title 36 / Chapter 414 / Section 414.036
“Local organization for emergency management” defined
Status: in_force

“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.
Nev. Rev. Stat. § 412.502 — NV Code / Title 36 / Chapter 412 / Section 412.502
Releasing prisoner without proper authority
Status: in_force

Any person subject to this Code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
Nev. Rev. Stat. § 412.604 — NV Code / Title 36 / Chapter 412 / Section 412.604
Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty
Status: in_force

1. It is unlawful for any body of persons whatever, other than the Nevada National Guard and the troops of the United States, to associate themselves together as a volunteer military company or volunteer military organization to drill or parade with arms in any city or town of this state, without the license of the Governor, which license may at any time be revoked.

2. Students in educational institutions where military science is a part of the course of instruction may, with the consent of the Governor, drill and parade with arms in public under the superintendence of their instructor.

3. Nothing contained in this section shall be construed so as to prevent members of benevolent or social organizations from wearing swords.

4. Any person violating any of the provisions of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 412.252 — NV Code / Title 36 / Chapter 412 / Section 412.252
“Superior commissioned officer” defined
Status: in_force

“Superior commissioned officer” means a commissioned officer superior in rank or command.
Nev. Rev. Stat. § 412.1393 — NV Code / Title 36 / Chapter 412 / Section 412.1393
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Hearing before Labor Commissioner; civil action authorized
Status: in_force

1. Any member of the Nevada National Guard or the National Guard of another state who believes his or her employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the Labor Commissioner to determine if his or her employment was so terminated.

2. The Office shall supply the member with all forms needed to request such a hearing. The Labor Commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220 , inclusive.

3. Notwithstanding any other provision of law, if for any reason the Labor Commissioner does not determine that the employment of the member was terminated in violation of NRS 412.139 , the member may, within 120 days after receiving a notice of termination, bring a civil action in any district court in this State against his or her employer seeking such a determination.
Nev. Rev. Stat. § 412.272 — NV Code / Title 36 / Chapter 412 / Section 412.272
Order of apprehension, arrest or confinement
Status: in_force

1. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an oral or written order, delivered in person or through other persons subject to this Code or through any person authorized by this Code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.

2. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.

3. No person may be ordered apprehended or into arrest or confinement except for probable cause.

4. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Nev. Rev. Stat. § 412.058 — NV Code / Title 36 / Chapter 412 / Section 412.058
United States Property and Fiscal Officer
Status: in_force

1. Upon recommendation of the Adjutant General, the Governor shall recommend to the Chief of the National Guard Bureau a qualified commissioned officer of the Nevada National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, for appointment as the United States Property and Fiscal Officer for Nevada. If the officer is not on active federal duty, the President may order him or her to active duty, with his or her consent, to serve as a Property and Fiscal Officer as provided in 32 U.S.C. § 708 . The United States Property and Fiscal Officer shall function under the direction of the Adjutant General, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Departments of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified.

2. As long as the position of the United States Property and Fiscal Officer is covered by a position schedule bond authorized by the United States Code, and bonding is automatic upon acceptance of accountability for property, no further bonding action on the part of the State or the person appointed is required.
Nev. Rev. Stat. § 412.244 — NV Code / Title 36 / Chapter 412 / Section 412.244
“Rank” defined
Status: in_force

“Rank” means the order of precedence among members of the Armed Forces.
Nev. Rev. Stat. § 412.378 — NV Code / Title 36 / Chapter 412 / Section 412.378
Double jeopardy
Status: in_force

1. No person may, without his or her consent, be tried a second time in any military court of the State for the same offense.

2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

3. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
Nev. Rev. Stat. § 412.374 — NV Code / Title 36 / Chapter 412 / Section 412.374
Oaths and affirmations
Status: in_force

1. The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

2. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation must be taken for all cases in which these duties are to be performed or for a particular case must be as prescribed in regulation or as provided by law. The regulations may provide that: (a) An oath or affirmation to perform faithfully the duties of a military judge, trial counsel or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty; and (b) If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.

3. Each witness before a military court shall be examined on oath or affirmation.
Nev. Rev. Stat. § 416.030 — NV Code / Title 36 / Chapter 416 / Section 416.030
General powers of Governor
Status: in_force

The Governor or the Governor’s designee may:

1. Collect and compile information concerning current, past and future sources, users and supplies of water and energy in this state.

2. Devise contingency plans that provide for conserving, allocating, using, increasing the supply or taking whatever steps are necessary to prevent a water or energy emergency, or in the event of a water or energy emergency, to ensure the fairest and most advantageous use of water or energy or of any water or energy source or supply for the benefit of all the people of this state.

3. Prepare reports explaining the purposes and projected economic impact of the proposed contingency plans and indicating those areas in which the plans are inconsistent with any existing rule, order, plan or regulation of any state agency or political subdivision of the State.

4. Serve as liaison with the Federal Government and other states on water and energy matters.

5. Keep current information on all requirements, alternatives and other existing and proposed actions and policies of the Federal Government concerning water and energy.
Nev. Rev. Stat. § 412.532 — NV Code / Title 36 / Chapter 412 / Section 412.532
Waste, spoilage or destruction of property other than military property
Status: in_force

Any person subject to this Code who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the State shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.4495 — NV Code / Title 36 / Chapter 412 / Section 412.4495
Rights of person whose mental condition is subject of hearing
Status: in_force

At a hearing ordered pursuant to NRS 412.4485 or 412.449 , the person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a court-martial or pursuant to NRS 171.188 if the hearing is conducted by a court of this State. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.
Nev. Rev. Stat. § 412.212 — NV Code / Title 36 / Chapter 412 / Section 412.212
“Code” defined
Status: in_force

“Code” means the Nevada Code of Military Justice.
Nev. Rev. Stat. § 414.020 — NV Code / Title 36 / Chapter 414 / Section 414.020
Policy and purpose
Status: in_force

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.
Nev. Rev. Stat. § 412.4157 — NV Code / Title 36 / Chapter 412 / Section 412.4157
Person sentenced by court-martial may be required to take leave under certain circumstances
Status: in_force

Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.4495 , inclusive, if the sentence includes an unsuspended dismissal, an unsuspended dishonorable discharge or a bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved or at any time after such date, and such leave may be continued until the date on which action under NRS 412.304 to 412.4495 , inclusive, is completed or may be terminated at an earlier time.
Nev. Rev. Stat. § 412.2545 — NV Code / Title 36 / Chapter 412 / Section 412.2545
Persons subject to jurisdiction under Code
Status: in_force

1. The following persons are subject to jurisdiction under this Code: (a) Any person described in subsection 1 of NRS 412.254 or who is a member of the state military forces; and (b) Any person who is in the custody of the state military forces before trial or who is serving a sentence imposed by a court-martial.

2. Any person described in subsection 1 is subject to this Code until the person's active service has been terminated in accordance with the law or regulations of the state military forces and the National Guard Bureau and the regulations applicable to that person's service.
Nev. Rev. Stat. § 412.438 — NV Code / Title 36 / Chapter 412 / Section 412.438
Vacation of suspension of sentence
Status: in_force

1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he or she so desires.

2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the Nevada National Guard of which the probationer is a member in all other cases covered by subsection 1. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.

3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Nev. Rev. Stat. § 412.066 — NV Code / Title 36 / Chapter 412 / Section 412.066
Enumeration of powers and duties not exclusive
Status: in_force

The enumeration of duties and functions in NRS 412.064 to 412.109 , inclusive, shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the Office by other provisions of law.
Nev. Rev. Stat. § 412.486 — NV Code / Title 36 / Chapter 412 / Section 412.486
Assaulting or willfully disobeying superior commissioned officer
Status: in_force

Any person subject to this Code who:

1. Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or

2. Willfully disobeys a lawful command of his or her superior commissioned officer,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.2879 — NV Code / Title 36 / Chapter 412 / Section 412.2879
No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment
Status: in_force

An accused facing nonjudicial punishment does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment.
Nev. Rev. Stat. § 412.069 — NV Code / Title 36 / Chapter 412 / Section 412.069
Chief of the Division of Emergency Management of the Office of the Military: Service at pleasure of Adjutant General; powers and duties
Status: in_force

The Chief of the Division of Emergency Management of the Office of the Military serves at the pleasure of the Adjutant General and maintains the powers and duties set forth in NRS 414.020 to 414.340 , inclusive.
Nev. Rev. Stat. § 412.494 — NV Code / Title 36 / Chapter 412 / Section 412.494
Cruelty and maltreatment
Status: in_force

Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.092 — NV Code / Title 36 / Chapter 412 / Section 412.092
“Armory” defined
Status: in_force

The word “ armory ” as used in NRS 412.092 to 412.109 , inclusive, means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.
Nev. Rev. Stat. § 412.396 — NV Code / Title 36 / Chapter 412 / Section 412.396
Voting; rulings; instructions; findings
Status: in_force

1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398 , beginning with the junior in rank.

2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438 , inclusive. During the trial, the military judge may change the ruling at any time.

3. Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court: (a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt; (b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted; (c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and (d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.

4. If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.
Nev. Rev. Stat. § 412.433 — NV Code / Title 36 / Chapter 412 / Section 412.433
Representation of government and accused upon appeal
Status: in_force

1. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in NRS 412.432 and before any federal or state court when requested to do so by the Attorney General. Appellate counsel representing the government must be members in good standing of the State Bar of Nevada.

2. Upon an appeal by the State of Nevada, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

3. Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.

4. Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections 2 and 3.

5. An accused may be represented by civilian appellate counsel at no expense to the State.
Nev. Rev. Stat. § 412.088 — NV Code / Title 36 / Chapter 412 / Section 412.088
Promotion of practice with rifle and pistol
Status: in_force

1. The Office may adopt and provide suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada Firearms Coalition and organizations and members of the Nevada National Guard when funds are available and appropriated by the State or the Federal Government.

2. The Adjutant General shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National Rifle Association of America, and select and appoint representatives from those clubs to attend the annual national rifle and pistol matches. Not more than $1,000 of the amount appropriated for the support of the Adjutant General's office may be used annually in the purchase of ammunition to be used by such rifle clubs, which ammunition must be sold at cost plus transportation charges.
Nev. Rev. Stat. § 412.2435 — NV Code / Title 36 / Chapter 412 / Section 412.2435
“Principal assistant” defined
Status: in_force

“ Principal assistant ” means a commissioned officer of the state military forces serving immediately subordinate to the convening authority.
Nev. Rev. Stat. § 415A.060 — NV Code / Title 36 / Chapter 415A / Section 415A.060
“Emergency declaration” defined
Status: in_force

“ Emergency declaration ” means a declaration of emergency issued by a person or entity authorized to do so pursuant to the laws of this State.
Nev. Rev. Stat. § 414.120 — NV Code / Title 36 / Chapter 414 / Section 414.120
Limitation on liability of private persons
Status: in_force

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.
Nev. Rev. Stat. § 412.196 — NV Code / Title 36 / Chapter 412 / Section 412.196
Short title
Status: in_force

NRS 412.196 to 412.584 , inclusive, may be cited as the Nevada Code of Military Justice.
Nev. Rev. Stat. § 412.022 — NV Code / Title 36 / Chapter 412 / Section 412.022
“Reservists” defined
Status: in_force

“ Reservists ” means members of the reservists of the Nevada National Guard that are licensed by the Governor or by his or her designee.
Nev. Rev. Stat. § 412.224 — NV Code / Title 36 / Chapter 412 / Section 412.224
“Enlisted member” defined
Status: in_force

“Enlisted member” means a person in an enlisted grade.
Nev. Rev. Stat. § 416.010 — NV Code / Title 36 / Chapter 416 / Section 416.010
Purpose of chapter
Status: in_force

The purpose of this chapter is to meet effectively water and energy emergencies by providing for conservation, efficient utilization, production and allocation of water and energy in ways which will:

1. Carry out as necessary, national water and energy policies under federal water and energy laws;

2. Maintain vital services necessary for the peace, health, safety and welfare of the people of this state;

3. Promote the most efficient use of water and energy;

4. Lessen adverse impacts upon employment in and the economy and environment of this state;

5. Ensure to the extent reasonably possible equitable treatment of all regions of the State and all sectors of the economy, consistent with other necessary considerations; and

6. Promote and protect the interests of this state in the course of decisions to be made and actions to be taken under federal water and energy laws.
Nev. Rev. Stat. § 412.118 — NV Code / Title 36 / Chapter 412 / Section 412.118
Assemblies, periodic training and other duties
Status: in_force

Members and units of the Nevada National Guard shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal laws and regulations and Office regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted personnel of his or her command to meet for ceremonies, parades or training at such times and places as he or she may appoint.
Nev. Rev. Stat. § 412.246 — NV Code / Title 36 / Chapter 412 / Section 412.246
“Shall” defined
Status: in_force

“Shall” is used in an imperative sense.
Nev. Rev. Stat. § 412.188 — NV Code / Title 36 / Chapter 412 / Section 412.188
Enlistment, period of service, oath, transfer and discharge; extension of enlistment
Status: in_force

1. The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the Nevada National Guard must be those prescribed by applicable federal laws and regulations and Office regulations.

2. The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel serving as reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor for a period not to exceed 6 months after the termination of an emergency declared by the Governor, the Legislature, the President or Congress.

3. Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the Governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding component of the Nevada National Guard for the same period.
Nev. Rev. Stat. § 414.090 — NV Code / Title 36 / Chapter 414 / Section 414.090
Local organization for emergency management; interlocal agreement authorized; powers of political subdivision in event of emergency or disaster
Status: in_force

1. Except as otherwise provided in subsection 2, each county of this state shall, and each city 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 lieu of establishing a local organization for emergency management pursuant to subsection 1, the boards of county commissioners of two or more counties may enter into an interlocal agreement that: (a) Establishes a local organization for emergency management for the counties that are parties to the agreement; and (b) Ensures compliance with the requirements of subsection 1.

3. 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.
Nev. Rev. Stat. § 412.512 — NV Code / Title 36 / Chapter 412 / Section 412.512
Subordinate compelling surrender
Status: in_force

Any person subject to this Code who compels or attempts to compel the commander of any force of the Nevada National Guard or of the National Guard of any other state to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 414.155 — NV Code / Title 36 / Chapter 414 / Section 414.155
Limitations on emergency powers relating to firearms
Status: in_force

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.
Nev. Rev. Stat. § 412.034 — NV Code / Title 36 / Chapter 412 / Section 412.034
Governor as Commander in Chief; regulations
Status: in_force

The Governor is the Commander in Chief of the militia of the State, and may issue regulations for the government of the militia. In issuing the regulations, the Governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and to the laws and regulations governing the United States Army and United States Air Force.
Nev. Rev. Stat. § 414.0357 — NV Code / Title 36 / Chapter 414 / Section 414.0357
“First response broadcaster” defined
Status: in_force

“ First response broadcaster ” means a person who has been certified as a first response broadcaster pursuant to NRS 414.320 .
Nev. Rev. Stat. § 412.552 — NV Code / Title 36 / Chapter 412 / Section 412.552
Stealing goods of less than $100 value
Status: in_force

Any person subject to this Code who wrongfully and fraudulently takes and carries away the personal goods of another, of the value of less than $100, with intent to steal it, shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.392 — NV Code / Title 36 / Chapter 412 / Section 412.392
Deposition
Status: in_force

1. At any time after charges have been signed, as provided in NRS 412.344 , any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.

2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

3. Depositions may be taken before and authenticated by any military officer or other person authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.

4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears: (a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of hearing; (b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or (c) That the present whereabouts of the witness is unknown.
Nev. Rev. Stat. § 412.254 — NV Code / Title 36 / Chapter 412 / Section 412.254
Applicability
Status: in_force

1. The following persons who are not in federal service are subject to this Code: (a) Members of the Nevada National Guard, whether or not they are in training pursuant to 32 U.S.C. §§ 501 to 507 , inclusive. (b) Retired, separated or discharged members of the Nevada National Guard, regardless of their entitlement to pay, if the offense charged occurred before their retirement, separation or discharge. (c) All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey it.

2. No person may be punished under this Code for any offense provided for in the Code unless: (a) The person is subject to any provision of subsection 1 or is a member of the state military forces; and (b) The offense is either a purely military offense or a civilian offense where there is a nexus between the offense and the state military forces.

3. To impose disciplinary action under the Code, there must be jurisdiction over the person pursuant to NRS 412.2545 and jurisdiction over the subject matter pursuant to NRS 412.256 .

4. For jurisdictional issues based on assignment or attachment, each service component shall refer to the current rules and other guidance applicable to the service component, including, without limitation, regulations and policy directives. Before the initiation of any action pursuant to this Code, the judge advocate shall require that the commanding officer resolve any jurisdictional issue regarding assigned or attached personnel involved in the action.
Nev. Rev. Stat. § 412.142 — NV Code / Title 36 / Chapter 412 / Section 412.142
Industrial insurance; compensation; exceptions
Status: in_force

1. Except as otherwise provided in subsection 2: (a) In all cases in which any member of the militia of the State is wounded, injured, disabled or killed while in the line of duty in the service of the State, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the State, the member or the member’s dependents are also entitled to receive such compensation. (b) In all cases, the member who has a disability or is deceased shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of the member’s average income from all sources during the year immediately preceding the date of his or her injury or death or the commencement of his or her disability, but the compensation must not exceed the maximum prescribed in chapters 616A to 616D, inclusive, or chapter 617 of NRS.

2. The provisions of this section do not apply to a member of the militia of the State or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if: (a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and (b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.
Nev. Rev. Stat. § 412.198 — NV Code / Title 36 / Chapter 412 / Section 412.198
Definitions
Status: in_force

As used in the Nevada Code of Military Justice, unless the context otherwise requires, the words and terms defined in NRS 412.202 to 412.252 , inclusive, have the meaning ascribed to them in those sections.
Nev. Rev. Stat. § 413.030 — NV Code / Title 36 / Chapter 413 / Section 413.030
Reversion of appropriated money if Nevada Wing 27001 disbanded
Status: in_force

If Nevada Wing 27001 of the Civil Air Patrol is disbanded by executive order of the President of the United States, any balance remaining of the appropriated money reverts to the State General Fund within 60 days after the date of the executive order.
Nev. Rev. Stat. § 414A.025 — NV Code / Title 36 / Chapter 414A / Section 414A.025
“Division” defined
Status: in_force

“ Division ” means the Division of Emergency Management of the Office of the Military.
Nev. Rev. Stat. § 412.253 — NV Code / Title 36 / Chapter 412 / Section 412.253
Principal assistant: Conditions for assumption of command; qualifications; delegation of authority
Status: in_force

1. The principal assistant shall assume command in the event of the commanding officer's death, prolonged absence or disability.

2. In the case of the Nevada Air National Guard, the principal assistant may include an officer who lacks an aeronautical rating, as defined in Air Force Instruction 11-402 § 2.2, as it may be amended or replaced, and is serving in a position immediately subordinate to the convening authority.

3. Any delegation of authority to a principal assistant must be in writing, unless exigencies prevent such written delegation. If exigencies prevent written delegation, verbal authorization is sufficient and must be reduced to writing as soon as possible thereafter.
Nev. Rev. Stat. § 414.260 — NV Code / Title 36 / Chapter 414 / Section 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
Status: in_force

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.
Nev. Rev. Stat. § 412.598 — NV Code / Title 36 / Chapter 412 / Section 412.598
Arrest of trespasser or disturber; penalty for certain sales and gambling
Status: in_force

1. Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where any unit of the Nevada National Guard is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the Nevada National Guard or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the Nevada National Guard or of the Armed Forces of the United States in the performance of their military duties may: (a) Be placed in arrest by the commanding officer, or his or her designated representative, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours; and (b) Be subject to arrest and punishment by a court of competent jurisdiction for a breach of the peace.

2. The commanding officer or his or her designated representative, of any unit of the Nevada National Guard performing military duty in or at any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty or within such limits not exceeding 1 mile therefrom as he or she may prescribe. Such commanding officer may in his or her discretion abate as common nuisances all such sales, auctions and gambling.

3. Nothing in subsection 2 applies to licensed gambling establishments located within 1 mile of the facilities designated in subsection 2.

4. Any person violating any provision of subsection 2 by conducting prohibited sales, auctions or gambling is guilty of a misdemeanor.
Nev. Rev. Stat. § 412.346 — NV Code / Title 36 / Chapter 412 / Section 412.346
Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights
Status: in_force

1. No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.

2. No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first: (a) Informing him or her of the nature of the accusation; (b) Advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial; and (c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.

3. No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.

4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.
Nev. Rev. Stat. § 412.444 — NV Code / Title 36 / Chapter 412 / Section 412.444
Remission and suspension of sentence; substitution of administrative discharge
Status: in_force

1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

2. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Nev. Rev. Stat. § 412.038 — NV Code / Title 36 / Chapter 412 / Section 412.038
Service of Nevada National Guard outside State
Status: in_force

1. The Governor may order the Nevada National Guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools.

2. The provisions of this chapter apply to the members of the Nevada National Guard while serving without the State and while going to and returning from such service without the State in like manner and to the same extent as while serving within the State.
Nev. Rev. Stat. § 415A.120 — NV Code / Title 36 / Chapter 415A / Section 415A.120
“Host entity” defined
Status: in_force

“ Host entity ” means an entity operating in this State which uses volunteer health practitioners to respond to an emergency.
Nev. Rev. Stat. § 414.060 — NV Code / Title 36 / Chapter 414 / Section 414.060
Powers and duties of Governor
Status: in_force

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.
Nev. Rev. Stat. § 412.298 — NV Code / Title 36 / Chapter 412 / Section 412.298
Disciplinary punishment not bar to court-martial
Status: in_force

The imposition and enforcement of disciplinary punishment pursuant to NRS 412.286 to 412.302 , inclusive, for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302 , inclusive, but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Nev. Rev. Stat. § 414.150 — NV Code / Title 36 / Chapter 414 / Section 414.150
Person serving in organization for emergency management: Prohibited advocacy; subversive acts; oath
Status: in_force

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.
Nev. Rev. Stat. § 412.4485 — NV Code / Title 36 / Chapter 412 / Section 412.4485
Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions
Status: in_force

1. Unless otherwise stated in this section, in the case of a person determined pursuant to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715 , inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715 , inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715 , inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715 , inclusive, as if it were the court that ordered the commitment of the person.

2. When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person's counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.

3. Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.
Nev. Rev. Stat. § 412.432 — NV Code / Title 36 / Chapter 412 / Section 412.432
Review of records; disposition
Status: in_force

1. Except as otherwise required by this section, all records of trial and related documents must be transmitted and disposed of as prescribed by regulation and provided by law.

2. If the convening authority is the Governor, his or her action on the review of any record of trial is final.

3. In all other cases not covered by subsection 2, if the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the entire record must be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer must then be sent to the State Judge Advocate for review.

4. All other special and summary court-martial records must be sent to the law specialist or legal officer of the appropriate force of the Nevada National Guard and must be acted upon, transmitted and disposed of as may be prescribed by Office regulations.

5. The State Judge Advocate shall review the record of trial in each case sent to him or her for review as provided under subsection 4. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate must be limited to questions of jurisdiction.

6. The State Judge Advocate shall take final action in any case reviewable by him or her.

7. In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority. The State Judge Advocate may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record he or she may weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the State Judge Advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.

8. In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. If the State Judge Advocate has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

9. The State Judge Advocate may order one or more boards of review each composed of not less than three commissioned officers of the Nevada National Guard, each of whom must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the State Judge Advocate. Boards of review have the same authority on review as the State Judge Advocate has under this section.
Nev. Rev. Stat. § 412.032 — NV Code / Title 36 / Chapter 412 / Section 412.032
Powers and duties of officers; administration of oaths
Status: in_force

In addition to the powers and duties prescribed in this chapter, all officers of the Nevada National Guard have the same powers and shall perform the same duties as officers of similar rank and position in the United States Army or United States Air Force, respectively, insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
Nev. Rev. Stat. § 415A.030 — NV Code / Title 36 / Chapter 415A / Section 415A.030
“Disaster relief organization” defined
Status: in_force

“ Disaster relief organization ” means an entity which provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and which:

1. Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the Federal Government, the Governor or the Division; or

2. Regularly plans and conducts its activities in coordination with an agency of the Federal Government or the Division.
Nev. Rev. Stat. § 412.2455 — NV Code / Title 36 / Chapter 412 / Section 412.2455
“Senior force judge advocate” defined
Status: in_force

“ Senior force judge advocate ” means the senior judge advocate of the commanding officer of the same force of the state military forces as the accused, and who is that commanding officer's chief legal advisor.
Nev. Rev. Stat. § 412.2645 — NV Code / Title 36 / Chapter 412 / Section 412.2645
Person may not be tried or punished while incompetent
Status: in_force

1. A person may not be tried or adjudged to punishment under this Code while incompetent.

2. For the purposes of this section, a person is incompetent when presently suffering from a mental disease or defect rendering the person unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case.
Nev. Rev. Stat. § 412.222 — NV Code / Title 36 / Chapter 412 / Section 412.222
“Convening authority” defined
Status: in_force

“Convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
Nev. Rev. Stat. § 415A.260 — NV Code / Title 36 / Chapter 415A / Section 415A.260
Regulations
Status: in_force

The Division may adopt regulations to carry out this chapter. In doing so, the Division shall consult with the Governor and consider any pertinent rules or regulations promulgated by similarly empowered agencies in other states to promote uniformity in the application of this chapter and make the emergency response systems in the various states reasonably compatible.
Nev. Rev. Stat. § 414A.020 — NV Code / Title 36 / Chapter 414A / Section 414A.020
“Disaster” defined
Status: in_force

“Disaster” includes, without limitation, a disaster defined in NRS 414.0335 .
Nev. Rev. Stat. § 412.126 — NV Code / Title 36 / Chapter 412 / Section 412.126
Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members
Status: in_force

1. The Governor is authorized to issue licenses to bodies of persons to organize, drill and bear arms as volunteer military companies or volunteer military organizations.

2. Whenever any such body of persons associate themselves as a volunteer military company or volunteer military organization and drill with arms under the license of the Governor, the volunteer military company or volunteer military organization: (a) Shall file with the Adjutant General annually, or at such time as the Governor or Adjutant General may designate, a muster roll of such volunteer military company or volunteer military organization certified by the oath of the commanding officer thereof. The muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization. (b) Is subject to inspection by the Adjutant General upon his or her request within such time as the Adjutant General shall designate.

3. Each member of such volunteer military company or volunteer military organization shall take and subscribe to an oath before a person authorized to administer it that he or she will support the Constitution of the United States and the Constitution of the State of Nevada and will obey and maintain all laws and obey all officers employed in administering those Constitutions and laws.
Nev. Rev. Stat. § 412.472 — NV Code / Title 36 / Chapter 412 / Section 412.472
Unlawful enlistment, appointment or separation
Status: in_force

Any person subject to this Code who effects an enlistment or appointment in or a separation from the Nevada National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.243 — NV Code / Title 36 / Chapter 412 / Section 412.243
“Nonjudicial punishment” defined
Status: in_force

“ Nonjudicial punishment ” means punishment that is imposed:

1. Pursuant to NRS 412.286 to 412.302 , inclusive;

2. Against an accused, through the chain of command, by the accused's commanding officer or other officer in charge; and

3. Without a trial by court-martial.
Nev. Rev. Stat. § 412.482 — NV Code / Title 36 / Chapter 412 / Section 412.482
Contempt toward public officer
Status: in_force

Any person subject to this Code who uses contemptuous words against the President, the Governor or the Legislature of this state, or the governor or legislature of any state, territory, commonwealth or possession wherein that person may be serving, shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.602 — NV Code / Title 36 / Chapter 412 / Section 412.602
Right-of-way on public street and highway; penalty for interference
Status: in_force

The Nevada National Guard in the performance of its military duties has the right-of-way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the Nevada National Guard in the performance of its military duties is guilty of a misdemeanor.
Nev. Rev. Stat. § 412.072 — NV Code / Title 36 / Chapter 412 / Section 412.072
Organization and reorganization of Office
Status: in_force

The Adjutant General shall organize and reorganize the Office as necessary to the accomplishment of its functions and duties. Such organization or reorganization must be approved by the Governor before it is carried out.
Nev. Rev. Stat. § 414A.030 — NV Code / Title 36 / Chapter 414A / Section 414A.030
“Emergency” defined
Status: in_force

“Emergency” includes, without limitation, an emergency defined in NRS 414.0345 .
Nev. Rev. Stat. § 414.093 — NV Code / Title 36 / Chapter 414 / Section 414.093
Emergency management plans: Collaboration in development and execution; inclusion of plans for providing assistance to victims, procedures relating to acceptance of donations on behalf of victims and prescribed chain of command
Status: in_force

1. Any state emergency management plan prepared pursuant to NRS 414.060 and each plan for emergency operations specified in subparagraph (2) of paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local governmental agency must: (a) Be developed and executed in collaboration with persons and organizations that advocate for the needs of victims of emergencies and disasters; and (b) Include, without limitation: (1) Plans for providing assistance to victims of emergencies or disasters; (2) Procedures for coordinating and accepting donations on behalf of such victims of emergencies or disasters, including, without limitation, procedures that allow donations to be accepted in a manner that is convenient for donors and have low administrative costs; and (3) Other provisions recommended by the Office for Victims of Crime of the United States Department of Justice for helping victims of mass violence and terrorism.

2. Any state emergency management plan prepared pursuant to NRS 414.060 must include, without limitation, a prescribed chain of command that includes each person responsible for overseeing or executing any part of the response to an emergency or disaster.
Nev. Rev. Stat. § 412.128 — NV Code / Title 36 / Chapter 412 / Section 412.128
Ordering reservists of National Guard or volunteer military organization into active service; regulations
Status: in_force

1. Whenever the Governor deems it necessary in time of peace, the Governor may call all or any part of the reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to augment the Nevada National Guard as an internal security force.

2. In time of war, the Governor may call all or any part of the reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.

3. Whenever laws of the United States authorize the organization of such state forces under federal recognition, the Governor or Adjutant General may promulgate such Office regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.
Nev. Rev. Stat. § 414.165 — NV Code / Title 36 / Chapter 414 / Section 414.165
Creation; appointment and terms of members; meetings; administrative support; duties; agreements
Status: in_force

1. The Nevada Tribal Emergency Coordinating Council, consisting of not more than 27 members appointed by the Chief, is hereby created within the Division of Emergency Management of the Office of the Military. The Chief shall appoint each member from a different federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State. A member of the Council may not represent more than one federally recognized Indian tribe or nation.

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

3. The Council shall meet at the call of the Chief as frequently as required to perform its duties, but not less than once each quarter.

4. The Division of Emergency Management shall provide the Council with administrative support.

5. The Council shall: (a) Advise the Chief regarding emergency management on tribal lands; (b) Assist in the coordination of mitigation, preparedness, response and recovery activities related to an emergency on tribal lands; and (c) Submit an annual report to the Chief on or before January 31 of each year which must include, without limitation: (1) A summary of the activities of the Council during the immediately preceding calendar year; and (2) Recommendations relating to emergency management on tribal lands.

6. The Attorney General shall enter into any agreements necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 414A.040 — NV Code / Title 36 / Chapter 414A / Section 414A.040
“Mutual aid” defined
Status: in_force

“ Mutual aid ” includes any equipment, vehicle or other support or service provided by a participant in response to a request made pursuant to NRS 414A.130 .
Nev. Rev. Stat. § 412.437 — NV Code / Title 36 / Chapter 412 / Section 412.437
Procedure applicable to appeal from decision of court-martial
Status: in_force

Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are to be made to courts of the state where a court-martial is held only after the exhaustion of the review conducted pursuant to NRS 412.418 to 412.438 , inclusive. The appellate procedures to be followed must be those provided by law for the appeal of criminal cases thereto.
Nev. Rev. Stat. § 412.052 — NV Code / Title 36 / Chapter 412 / Section 412.052
Adjutant General: Additional duties; seal
Status: in_force

The Adjutant General:

1. Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the State required by the United States.

2. Is the channel of official military correspondence with the Governor, and, on or before November 1 of each even-numbered year, shall report to the Governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.

3. Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in the office of the Adjutant General. The Adjutant General may deposit with the Division of State Library, Archives and Public Records of the Department of Administration for safekeeping records of the office that are used for historical purposes rather than the administrative purposes assigned to the office by law.

4. Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.

5. Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.

6. Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia necessary to the proper administration, operation and training of it or to carry out the provisions of this chapter.

7. Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his or her office.

8. Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the Governor.
Nev. Rev. Stat. § 412.274 — NV Code / Title 36 / Chapter 412 / Section 412.274
Restraint of person charged with offense; notice of charges; summary disposition
Status: in_force

1. Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require, by a person so authorized by this chapter; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement.

2. When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused and to try him or her or to dismiss the charges and release him or her.
Nev. Rev. Stat. § 412.109 — NV Code / Title 36 / Chapter 412 / Section 412.109
Lease or agreement for use of facility of Office other than armory; deposit of use fees in State General Fund
Status: in_force

1. Except as otherwise provided in NRS 412.108 , the person or governmental entity applying for the rental of any facility of the Office must execute and deliver a written agreement which must include among its provisions: (a) The full name and address of the applicant; (b) The purpose for which its use is desired; (c) The nature and manner of the intended use of the space; (d) A reasonable rental, which may include a security deposit, to be paid for that use; and (e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

2. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

3. No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed as prescribed by Office regulations issued pursuant to this chapter.

4. No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the Office.

5. All money paid or given, directly or indirectly, for the rental of a facility or to obtain an agreement or permission to use the facility are use fees within the meaning of this section and must be paid to the Office to be deposited in the State General Fund for credit to the Office.

6. When the use of a facility is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.
Nev. Rev. Stat. § 412.324 — NV Code / Title 36 / Chapter 412 / Section 412.324
Convening general court-martial
Status: in_force

1. In the Nevada National Guard not in federal service, a general court-martial may be convened by the: (a) Governor; (b) Adjutant General; (c) Commanding officer of a component of the state military forces; (d) Commanding officer of a division or a separate brigade; or (e) Commanding officer of a separate wing.

2. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
Nev. Rev. Stat. § 412.176 — NV Code / Title 36 / Chapter 412 / Section 412.176
Efficiency and medical examining boards; appointment
Status: in_force

1. The efficiency, moral character and general fitness for retention in the Nevada National Guard of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation.

2. The physical fitness for further service of any commissioned officer in the Nevada National Guard may be investigated and determined by a medical examining board of officers.

3. Efficiency and medical examining boards shall be appointed by the Governor upon recommendation of the Adjutant General except that whenever an examining board is to be appointed for the purpose of determining fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.
Nev. Rev. Stat. § 412.174 — NV Code / Title 36 / Chapter 412 / Section 412.174
Certain absence without leave considered resignation
Status: in_force

1. Any officer who absents himself or herself without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.

2. Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.
Nev. Rev. Stat. § 412.544 — NV Code / Title 36 / Chapter 412 / Section 412.544
Malingering
Status: in_force

Any person subject to this Code who for the purpose of avoiding work duty or service in the Nevada National Guard:

1. Feigns illness, physical disablement, mental lapse or derangement; or

2. Intentionally inflicts self-injury,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.5505 — NV Code / Title 36 / Chapter 412 / Section 412.5505
Extortion
Status: in_force

Any person subject to this Code who communicates threats to another person with the intention thereby to obtain anything of value or any acquaintance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.338 — NV Code / Title 36 / Chapter 412 / Section 412.338
Court reporter and interpreter
Status: in_force

Under Office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
Nev. Rev. Stat. § 414.0359 — NV Code / Title 36 / Chapter 414 / Section 414.0359
“Incident management assistance team” defined
Status: in_force

“ Incident management assistance team ” 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.
Nev. Rev. Stat. § 414.097 — NV Code / Title 36 / Chapter 414 / Section 414.097
Emergency management plans: Inclusion of provisions ensuring person is evacuated, transported and sheltered together with his or her service animal
Status: in_force

1. The state emergency management plan prepared pursuant to NRS 414.060 and each plan for emergency operations specified in subparagraph (2) of 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 .
Nev. Rev. Stat. § 414.210 — NV Code / Title 36 / Chapter 414 / Section 414.210
Coordinator of Search and Rescue: Duties
Status: in_force

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.
Nev. Rev. Stat. § 412.082 — NV Code / Title 36 / Chapter 412 / Section 412.082
Drawing warrants
Status: in_force

Unless otherwise specially provided in this chapter, the State Controller shall draw warrants on the State Treasury for all authenticated bills of the Office as approved by the Adjutant General or the person designated by the Adjutant General, in favor of the persons to whom the State is indebted for military purposes.
Nev. Rev. Stat. § 416.020 — NV Code / Title 36 / Chapter 416 / Section 416.020
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires:

1. “Energy” means energy derived from crude oil, residual fuel oil, refined petroleum products, coal, natural and artificial gas, propane and electricity.

2. “Regulation” includes every rule, standard, directive or statement of general applicability that carries out or interprets law or policy or describes the organization, procedure or practice requirements of any state agency or political subdivision of the State.

3. “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government.
Nev. Rev. Stat. § 412.464 — NV Code / Title 36 / Chapter 412 / Section 412.464
Conspiracy
Status: in_force

Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.456 — NV Code / Title 36 / Chapter 412 / Section 412.456
Accessory after fact
Status: in_force

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts or assists the offender in order to hinder or prevent his or her apprehension, trial or punishment shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 414.200 — NV Code / Title 36 / Chapter 414 / Section 414.200
Coordinator of Search and Rescue: Appointment
Status: in_force

The Chief, with the advice of the Board, shall appoint an employee of the Division of Emergency Management of the Office of the Military as Coordinator of Search and Rescue.
Nev. Rev. Stat. § 412.492 — NV Code / Title 36 / Chapter 412 / Section 412.492
Failure to obey order or regulation
Status: in_force

Any person subject to this Code who:

1. Violates or fails to obey any lawful general order or regulation;

2. Having knowledge of any other lawful order issued by a member of the Nevada National Guard, which it is his or her duty to obey, fails to obey the order; or

3. Is derelict in the performance of his or her duties,

shall be punished as a court-martial may direct.
Nev. Rev. Stat. § 412.136 — NV Code / Title 36 / Chapter 412 / Section 412.136
Deserters
Status: in_force

Every reservist and volunteer who, being accepted as a volunteer or drafted, fails without reasonable excuse to report for muster as lawfully required shall be considered and treated as a deserter.
Nev. Rev. Stat. § 414.043 — NV Code / Title 36 / Chapter 414 / Section 414.043
Plan to respond to emergencies or disasters: Contents; annual review
Status: in_force

1. The written plan to respond to emergencies or disasters required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation: (a) Describe the roles of state agencies, local governments, Indian tribes or nations and private organizations, including, without limitation, volunteer organizations, during an emergency or disaster; (b) Describe the primary mechanisms for providing assistance at the state level during an emergency or disaster; and (c) Describe the policies, processes, procedures, roles and responsibilities that state agencies carry out before, during and after an emergency or disaster.

2. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Nev. Rev. Stat. § 412.206 — NV Code / Title 36 / Chapter 412 / Section 412.206
“Apprehension” defined
Status: in_force

“Apprehension” means the taking of a person into custody.