reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.122 - Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State or because of impossibility of immediate communication with Governor.

1. The Governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, or upon a request for assistance from a political subdivision or governmental utility, as defined in NRS 239C.050, that has experienced a significant cybersecurity incident, order into active service of the State for such a period, to such an extent and in such a manner as he or she deems necessary all or any part of the Nevada National Guard. The authority of the Governor includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the State which is invaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the Governor from the State, or if it is impossible to communicate immediately with the Governor, the civil officer making a requisition for troops may, if the civil officer deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the Governor’s absence or the impossibility of immediately communicating with the Governor, upon the following officers in this order:
(a) Lieutenant Governor;
(b) Adjutant General; and
(c) Other officers designated in a chain of command prescribed by Office regulations.
If the call is afterward disapproved by the Governor, the troops called into service must be disbanded immediately.
3. The Governor may order into active service of the State for such a period, to such an extent and in such a manner as the Governor deems necessary units or individual members of the Nevada National Guard when in his or her judgment the services of the units or members are required for:
(a) The furtherance of the organization, maintenance, discipline or training of the Nevada National Guard;
(b) The welfare of the public; or
(c) Ceremonial functions of the State Government.
4. Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the Governor, if in his or her judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
(Added to NRS by 1967, 1301; A 1981, 561; 1989, 401; 1993, 1604; 2019, 2468)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.123 - Order calling National Guard into active service: Directed to commanding officer; contents; duty to communicate immediately.

1. A call for any portion of the Nevada National Guard shall be made by an order issued and directed to the commanding officer of the unit which is so called into service. The order shall designate the particular troops called, the time and place of rendezvous, and the officer to whom they shall report.
2. The order shall be communicated immediately by the officer receiving it to the troops under his or her command, and the officer shall rendezvous and report for duty at the appointed place and time.
(Added to NRS by 1967, 1303)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.124 - Adjutant General may order National Guard to active duty with Governor’s approval; pay and allowances.

1. The Adjutant General, with the approval of the Governor, may order members of the Nevada National Guard to active duty. Members, while on active duty, are entitled to receive the pay and allowances of their corresponding grades in the Armed Forces of the United States, but in no case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. In lieu of other provisions of this chapter, such amounts as are approved by the Governor may be paid to a medical examiner for his or her services and necessary disbursements and to a properly appointed judge advocate for legal services and necessary disbursements in any suit, action or proceeding.
4. Members of the Nevada National Guard may not receive from the State the pay or the pay and allowances provided by this section when they are eligible for similar pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances in parades or ceremonial events, or any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority. Necessary traveling expenses, subsistence and per diem allowances may be furnished the members within the discretion of the Adjutant General and within the amount appropriated therefor.
6. All pay and allowances provided by this chapter, except per diem allowances, mileage and expenses while traveling under orders, are subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of funds or for injury to state or federal property for which a member of the Nevada National Guard is responsible or accountable where the responsibility has been fixed by competent authority.
(Added to NRS by 1967, 1302; A 1975, 1107; 1981, 1199; 1985, 757; 2007, 603)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.126 - Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members.

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.
(Added to NRS by 1967, 1302; A 1979, 240; 2013, 1109)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.128 - Ordering reservists of National Guard or volunteer military organization into active service; regulations.

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.
(Added to NRS by 1967, 1303; A 1993, 1605; 2013, 1110)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.134 - Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; authority of Governor to receive certain grants from Federal Government; uniforms.

1. Reservists and volunteers called out for duty must be mustered at once into the service of the State for such period as the Governor directs, not exceeding the limits provided by NRS 412.188.
2. Except as otherwise expressly provided by Office regulations, all the military forces must be organized as prescribed for organization of the Nevada National Guard at the time, and must be officered, equipped, trained and commanded according to the laws and regulations governing the Nevada National Guard, as nearly as practicable, and all laws relating to the Nevada National Guard or to the duties, rights, privileges or immunities of the members thereof shall apply to and govern the other military forces and the members thereof, so far as applicable, but the age limits for initial appointment of officers in the federally recognized National Guard do not apply to officers of the other military forces.
3. The pay and allowances of the officers and enlisted personnel of all branches of the military forces on active duty in the service of the State must be the same as provided for the Nevada National Guard when on such duty.
4. The Governor may receive from the Federal Government any arms, equipment, munitions, supplies and other grants for the use of the military forces of the State that may be available.
5. The military forces must be uniformed in such manner as the Governor may prescribe, subject to federal laws or regulations and Office regulations.
(Added to NRS by 1967, 1303; A 1993, 1605)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.138 - Pay and allowances when National Guard used as labor 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.
(Added to NRS by 1967, 1304; A 2013, 1110)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.139 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Participation in training, active service or duty, or other required meetings; penalty.

1. An employer may not terminate the employment of a member of the:
(a) Nevada National Guard because the member:
(1) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to NRS 412.118; or
(2) Is ordered to active service or duty pursuant to NRS 412.122 or 412.124; or
(b) National Guard of another state who is employed in this State because the member:
(1) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to the law of that state; or
(2) Is ordered to active service or duty pursuant to the law of that state.
2. Any employer who violates subsection 1 is guilty of a misdemeanor.
3. In addition to any other remedy or penalty, the Labor Commissioner may impose against the employer an administrative penalty of not more than $5,000 for each such violation.
(Added to NRS by 1985, 753; A 2003, 800; 2011, 691; 2017, 1124)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 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.

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.
(Added to NRS by 1985, 753; A 1993, 1605; 2017, 1124)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.1395 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment; restoration of seniority and benefits; receipt of wages and benefits; attorney’s fees and costs for civil action.

1. If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the Labor Commissioner to have been terminated in violation of NRS 412.139, the member is entitled to:
(a) Immediate reemployment in the position of employment in which he or she would have been employed if his or her continuous employment with the employer had not been unlawfully terminated;
(b) Immediate restoration to the seniority and benefits to which he or she would have been entitled if his or her continuous employment with the employer had not been unlawfully terminated; and
(c) Receipt of all wages and benefits lost as a result of the termination.
2. If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the district court to have been terminated in violation of NRS 412.139, the district court shall award the member, in addition to the relief provided in subsection 1 and any other relief granted by the district court, the reasonable attorney’s fees and costs incurred by the member to bring the action.
(Added to NRS by 1985, 753; A 2011, 691; 2017, 1124)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.142 - Industrial insurance; compensation; exceptions.

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.
(Added to NRS by 1967, 1304; A 1979, 240; 1981, 1527; 1989, 686; 1993, 1606; 1995, 2046, 2516; 1997, 579; 1999, 235)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.143 - Postsecondary educational benefits.

1. The Adjutant General may authorize the payment of not more than 100 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends one of the universities or state colleges within the Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.
2. The Adjutant General may authorize the payment of not more than 100 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends one of the community colleges within the Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.
3. To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.
(Added to NRS by 1973, 687; A 1977, 3; 1983, 537; 1993, 401; 1999, 1978; 2005, 366)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.1435 - Patriot Relief Account: Creation; nonreversion; interest and income; claims; gifts, grants and donations; uses; regulations.

1. The Patriot Relief Account is hereby created as a special account in the State General Fund.
2. The money in the Patriot Relief Account does not lapse to the State General Fund at the end of any fiscal year. The interest and income earned on the sum of:
(a) The money in the Patriot Relief Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Patriot Relief Account from the State General Fund,
must be credited to the Account. All claims against the Patriot Relief Account must be paid as other claims against the State are paid.
3. The Office may accept gifts, grants and donations from any source for deposit in the Patriot Relief Account.
4. To the extent money is available from legislative appropriation or otherwise in the Patriot Relief Account, the money in the Patriot Relief Account may only be used to provide:
(a) Reimbursement to a member of the Nevada National Guard for the cost of:
(1) Premiums on a policy of group life insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; or
(2) Textbooks required for a course of study in which the member is enrolled at an institution within the Nevada System of Higher Education; and
(b) Monetary relief from economic hardships experienced by a member of the Nevada National Guard.
5. The Adjutant General shall adopt any regulations necessary to determine eligibility for reimbursement or monetary relief from the Patriot Relief Account and to carry out a program to provide such reimbursement and monetary relief.
(Added to NRS by 2005, 2448; A 2009, 1159; 2013, 1471; 2017, 18)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.144 - Credit for active federal service.

For all purposes under this chapter, members of the Nevada National Guard who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the Army National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the State are entitled to credit for time so served as if such service had been rendered to the State.
(Added to NRS by 1967, 1304)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.146 - Eligibility to state office of federally paid members of militia.

Any member of the militia of this state who receives compensation from the United States as a federally recognized member of the Nevada National Guard does not hold a lucrative office under the Government of the United States within the meaning of Section 9 of Article 4 of the Constitution of the State of Nevada.
(Added to NRS by 1967, 1304; A 1979, 241)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.152 - Privileged reports and communications; defending member in legal proceedings.

1. The reports and communications of all members of the Nevada National Guard in the line of their military duty are privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of this state.
2. In case any suit or action is brought against any member of the Nevada National Guard because of such reports or communications, the Judge Advocate or the Attorney General of this state, or both of them, at the direction of the Governor, shall appear in behalf of such member and defend the suit or action without cost to him or her.
(Added to NRS by 1967, 1305; A 1969, 23)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.153 - Personal information in documents submitted to county recorder: Confidentiality.

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.
(Added to NRS by 2011, 691)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.154 - Immunity from civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice.

1. Members of the Nevada National Guard ordered into active service of the State pursuant to this chapter are not liable civilly or criminally for any act done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in his or her official capacity in the discharge of any duty pursuant to this chapter, or an alleged omission by the officer to do an act which it was his or her duty to perform, or against any person acting pursuant to the authority or order of such an officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant:
(a) May have counsel of his or her own selection, with the cost of such counsel to be borne by the defendant; or
(b) Must be defended by the Attorney General in civil actions and by the State Judge Advocate in criminal actions, with the cost of such counsel to be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel must be borne by the defendant,
and may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.
2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his or her costs.
3. No member of the Nevada National Guard may be arrested on any civil process while going to, remaining at, or returning from any place at which he or she is required to attend for military duty.
4. A person may not serve a summons for, or notice of, a civil action or administrative proceeding against a member of the Nevada National Guard, and any such action or proceeding must be postponed, stayed or delayed, during any period in which the member:
(a) Assembles for training, participates in field training or active duty training, or otherwise meets as required pursuant to NRS 412.118;
(b) Begins active service or duty upon the ordered date of reporting pursuant to NRS 412.122 or 412.124; or
(c) Is going to or returning from any duty, service or training specified in paragraph (a) or (b).
(Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488; 1991, 1769; 2011, 691)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.1555 - Nevada War on Terrorism Medal: Creation; award; duties of Office; regulations.

1. There is hereby created the Nevada War on Terrorism Medal.
2. The Office shall award the Nevada War on Terrorism Medal to:
(a) A member of the Reserves who is a resident of this State or a member of the Nevada National Guard who:
(1) Is called into active duty in the Armed Forces of the United States on or after September 11, 2001, in support of the global war on terrorism; and
(2) Serves on state active duty status or pursuant to Title 10 or 32 of U.S.C.
(b) A civilian employee of a state or local governmental agency or the Nevada National Guard who, during the course of employment, provides services in support of the global war on terrorism and who qualifies for the medal pursuant to criteria established by the Office pursuant to subsection 3.
3. The Office shall:
(a) Establish a suitable design for the medal, including a ribbon, badge or other insignia to be worn with or in place of the medal.
(b) Procure the manufacture of the medal, ribbon, badge or other insignia.
(c) If the recipient is a member of the Nevada National Guard, ensure that award of the medal is properly reflected in the service records of the recipient.
(d) Establish procedures to identify members of the Reserves entitled to award of the medal.
(e) Adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:
(1) Rules for wearing the medal, ribbon, badge or other insignia with the uniform of the Nevada National Guard;
(2) Provisions for the posthumous award of a medal; and
(3) Criteria for determining those persons who are entitled to an award of the medal.
4. As used in this section, "Reserves" means the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve and Navy Reserve.
(Added to NRS by 2005, 22nd Special Session, 113)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.156 - Appointment and promotion of commissioned officer; honorary commission; fee prohibited for commissions.

1. All commissioned officers of the Nevada National Guard shall be appointed and promoted by the Governor upon recommendation of the Adjutant General.
2. Honorary commissions shall be attested by the Secretary of State with the great seal and also by the Adjutant General with the seal of his or her office. No fee shall be charged for military commissions.
(Added to NRS by 1967, 1305)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.158 - Applicability of chapter to warrant officers.

The provisions of this chapter relating to commissioned officers apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal laws and regulations and Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.162 - Nevada Military Academy: Creation; composition.

The Nevada Military Academy is hereby created, to consist of supervisory personnel as authorized by the National Guard Bureau and such number of cadets as meets the qualifications and requirements of the State of Nevada as set forth in Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.164 - Qualifications.

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.
(Added to NRS by 1967, 1306; A 1985, 1221; 1993, 1606)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.166 - Oath.

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.
(Added to NRS by 1967, 1306)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.168 - Assignment, reassignment, transfer or detailing; residence.

1. Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the Nevada National Guard as prescribed by applicable federal laws and regulations and Office regulations.
2. An officer must reside within reasonable commuting distance of the station to which the officer’s unit is assigned. The Adjutant General shall determine what constitutes a reasonable distance in all cases of doubt.
(Added to NRS by 1967, 1306; A 1993, 1606)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.172 - Resignation; conditional release.

1. A commissioned officer of the Nevada National Guard may tender his or her resignation at any time. A resignation must be tendered in writing through proper military channels in accordance with applicable federal laws and regulations and Office regulations. A resignation takes effect when properly accepted and announced in orders.
2. A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof must first obtain a conditional release from his or her commander. A conditional release must be issued in accordance with this chapter and Office regulations, and must include certification that the officer is properly cleared of his or her responsibility for all state and United States property and public money, and that he or she is not indebted to the State or to the organization to which the officer belongs. An officer so released shall be deemed to have resigned upon presentation of evidence that the officer has accepted an appointment or enlisted in the force to which released, and the resignation must be announced in orders.
3. No officer is entitled to resign his or her commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency.
(Added to NRS by 1967, 1306; A 1993, 1607)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.174 - Certain absence without leave considered resignation.

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.
(Added to NRS by 1967, 1306)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.176 - Efficiency and medical examining boards; appointment.

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.
(Added to NRS by 1967, 1307)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.178 - Efficiency and medical examining boards: Procedure; powers.

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.
(Added to NRS by 1967, 1307; A 1993, 1607)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.182 - Responsibility for public property.

An officer receiving public property for military purposes is accountable for the article so received by him or her until the article is returned, or is disposed of pursuant to law or by order of the Governor. Until his or her accounts are examined and found correct, the accountability of such officer or his or her estate is not affected in any way by his or her resignation, discharge, change in official position or death. The Governor may relieve officers of accountability upon good cause shown.
(Added to NRS by 1967, 1307)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.186 - Nevada National Guard Association.

All commissioned officers and warrant officers of the Nevada National Guard, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Nevada National Guard Association. The Association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws.
(Added to NRS by 1967, 1308)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.188 - Enlistment, period of service, oath, transfer and discharge; extension of enlistment.

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.
(Added to NRS by 1967, 1308; A 1993, 1608; 2013, 1110)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.192 - Noncommissioned officers.

All noncommissioned officers of the Nevada National Guard must be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers must be designated in Office regulations. The appointment of a noncommissioned officer may be terminated as prescribed by those regulations.
(Added to NRS by 1967, 1308; A 1993, 1608)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.194 - Absence without leave: Discharge.

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.
(Added to NRS by 1967, 1308; A 1993, 1608)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.1945 - Nevada Enlisted Association of the National Guard of the United States.

Enlisted personnel of the Nevada National Guard, including retired enlisted members thereof, may organize themselves into an association, which is to be named the Nevada Enlisted Association of the National Guard of the United States. The Association may adopt bylaws not inconsistent with the statutes of this State and may alter and amend such bylaws. The Association may, upon request, provide advice and assistance to the Adjutant General regarding matters of concern to enlisted personnel of the Nevada National Guard.
(Added to NRS by 2013, 1107)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.198 - Definitions.

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.
(Added to NRS by 1967, 1309; A 1973, 132; 2013, 1111)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.202 - "Accuser" defined.

"Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, or any other person who has an interest other than an official interest in the prosecution of the accused.
(Added to NRS by 1967, 1309)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.214 - "Commanding officer" defined.

"Commanding officer" means a commissioned officer who by virtue of rank and assignment exercises primary command authority over a military organization or a prescribed territorial area, which under pertinent official directives is recognized as a command.
(Added to NRS by 1967, 1309; A 2013, 1111)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.242 - "Nevada National Guard" defined.

"Nevada National Guard" includes the National Guard of the State, as defined in 32 U.S.C. § 101(3), the reservists to the Nevada National Guard and volunteer military organizations licensed by the Governor when called into active service by the Governor.
(Added to NRS by 1967, 1309; A 2013, 1111)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.243 - "Nonjudicial punishment" defined.

"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.
(Added to NRS by 2013, 1093; A 2015, 32)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.249 - "State military forces" defined.

"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.
(Added to NRS by 2013, 1093)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.253 - Principal assistant: Conditions for assumption of command; qualifications; delegation of authority.

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.
(Added to NRS by 2013, 1093)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.254 - Applicability.

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.
(Added to NRS by 1967, 1310; A 1985, 758; 2013, 1111)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2545 - Persons subject to jurisdiction under Code.

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.
(Added to NRS by 2013, 1093)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.258 - Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment.

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.
(Added to NRS by 1967, 1310)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.262 - Territorial applicability of Nevada Code of Military Justice.

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.
(Added to NRS by 1967, 1310)