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2006 Nevada Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagnv0003 and id is 1 raw text is: GEORGE J. CHANOS
Attorney General

ATTORNEY GENERAL
NEVADA DEPARTMENT OF JUSTICE
100 North Carson Street
Carson City, Nevada 89701-4717
7:..
*-,    . 4

RANDAL R. MUNN
Assistant Attorney General

February 1, 2006

OPINION NO. 2006-01

EMERGENCY MANAGEMENT IMMUNITIES
AND   WORK    PROGRAMS:       Workers,
volunteers and responders in an emergency
situation or disaster are immune from liability, if
they act without gross negligence or willful
misconduct under NRS 414.110 and the
Governor has the authority to authorize a work
program for a state agency in the event of an
emergency (NRS 353.220).

Frank Siracusa, Chief
Nevada Department of Public Safety
Division of Emergency Management
2525 South Carson Street
Carson City, Nevada 89711
Dear Mr. Siracusa:
You have requested an Attorney General Opinion on two questions. The first
question is whether first responders and volunteers engaged in emergency
management are covered by the immunity provided by NRS 414.110 and NRS 414.120
prior to the declaration of an emergency by the Governor or a political subdivision of the
State. The second question is whether the Governor has the authority, pursuant to
NRS 353.220(5)(a), to move and expend funds during a declared emergency as defined
in NRS 353.263.
ANALYSIS QUESTION ONE
First responders and volunteer emergency workers are covered by the immunity
conferred by NRS 414.110 prior to the declaration of an emergency by the Governor or
a political subdivision of the State if engaged in emergency management as defined in
NRS 414.035. NRS 414.110(1) and NRS 414.035 provide the following respectively:

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