e provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons. (Added to NRS by 1995, 98) NRS 41.0333 Acts or omissions of members or employees of Nevada National Guard. No action may be brought under NRS 41.031 or against the State of Nevada or the Nevada National Guard or a member or employee of the Nevada National Guard which action is based upon an act or omission of the member or employee while engaged in state or federal training of the Nevada National Guard or duty as prescribed by Title 32 of U.S.C., or regulations adopted pursuant thereto, whether such training or duty is performed within or without the boundaries of this state. (Added to NRS by 1975, 209) NRS 41.0334 Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions. 1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 207.210, 331.200 or 393.410, at the time the injury, wrongful death or damage was caused. 2. Subsection 1 does not apply to any action for injury, wrongful death or other damage: (a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada. 3. As used in this section: (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway, owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions. (Added to NRS by 1987, 94, 95; A 1995, 738; 1997, 346) NRS 41.0335 Actions against certain officers and employees of political subdivisions for acts or omissions of other persons. 1. No action may be brought against: (a) A sheriff or county assessor which is based solely upon any act or omission of a deputy; (b) A chief of a police department which is based solely upon any act or omission of an officer of the department; (c) A chief of a fire department which is based solely upon any act or omission of a firefighter or other person called to assist the department; (d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or (e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard. 2. This section does not: (a) Limit the authority of the State or a political subdivision or a public corporation of the State to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged. (b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged. (Added to NRS by 1969, 563; A 1987, 216; 1995, 99; 1997, 1584; 2005, 316) NRS 41.0336 Acts or omissions of firefighters or law enforcement officers. A fire department or law enforcement agency is not liable for the negligent acts or omissions of its firefighters or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless: 1. The firefighter, officer or other person made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or 2. The conduct of the firefighter, officer or other person affirmatively caused the harm. The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons. (Added to NRS by 1987, 216; A 2005, 317) NRS 41.03365 Actions concerning equipment or personal property donated in good faith to volunteer fire department. No action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions for damages caused by any equipment or other personal property that was provided by any of them, in good faith and without charge, to a volunteer fire department for use by the volunteer fire department in carrying out its duties. (Added to NRS by 2003, 329) NRS 41.0337 State or political subdivision to be named party defendant. No tort action arising out of an act or omission within the scope of his public duties or employment may be brought against any present or former: 1. Officer or employee of the State or of any political subdivision; 2. Immune contractor; or 3. State Legislator, unless the State or appropriate political subdivision is named a party defendant under NRS 41.031. (Added to NRS by 1975, 896; A 1977, 481, 1537; 1979, 1731; 1987, 540) Legal Representation NRS 41.0338 “Official attorney” defined. As used in NRS 41.0338 to 41.0347, inclusive, unless the context otherwise requires, “official attorney” means: 1. The Attorney General, in an action which involves a present or former Legislator, officer or employee of this state, immune contractor or member of a state board or commission. 2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission. (Added to NRS by 1979, 1733; A 1987, 540; 1999, 782; 2001, 63, 64) NRS 41.0339 Circumstances under which official attorney to provide defense. The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to his public duties or employment if: 1. Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, he submits a written request for defense: (a) To the official attorney; or (b) If the officer, employee or immune contractor has an administrative superior, to the administrator of his agency and the official attorney; and 2. The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith. (Added to NRS by 1979, 1733; A 1987, 541) NRS 41.0341 Time for filing responsive pleading. If the complaint is filed in a court of this state: 1. The officer, employee, board or commission member or Legislator; and 2. The state or any political subdivision named as a p

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