Existing law provides the Governor with certain emergency powers during the existence of a state of emergency or declaration of disaster. Under existing law, the Governor and the Legislature are authorized to proclaim the existence of a state of emergency or declaration of disaster if the Governor or the Legislature finds that: (1) an attack upon the United States has occurred or is about to occur, or a natural, technological or man-made emergency or disaster has actually occurred within this State; and (2) the safety and welfare of the inhabitants of this State require an invocation of the provisions of existing law providing the Governor with certain emergency powers. Under existing law, a state of emergency or declaration of disaster proclaimed by the Governor or the Legislature terminates when the Governor issues a proclamation terminating the emergency or disaster or the Legislature passes a resolution terminating the emergency or disaster. (NRS 414.070) Section 3 of this bill provides that a state of emergency or declaration of disaster proclaimed by the Governor terminates 30 days after the emergency or disaster is proclaimed if the exercise of any emergency power by the Governor imposes a requirement or otherwise restricts the operation of a business in this State, unless the Legislature, by resolution, expressly approves a continuance of the emergency or disaster. Existing law authorizes the Governor, in exercising his or her emergency powers, to make, amend and rescind necessary orders and regulations. (NRS 414.060) Section 1 of this bill authorizes a board of county commissioners to evaluate certain emergency orders or regulations made by the Governor which are related to public health to determine whether the implementation of the full scope of the order or regulation is necessary to protect the public health of the residents of the county. If the board determines that the implementation of the full scope of the order or regulation is not necessary to protect the public health of the residents of the county, section 1 authorizes the board to issue an order which imposes requirements or restrictions which are less stringent than those imposed by the order or regulation made by the Governor. Under section 1, an order issued by a board of county commissioners pursuant to section 1 prevails in that county to the extent of any conflict with the emergency order or regulation made by the Governor. Section 2 of this bill makes a conforming change to account for the authority to issue emergency orders related to public health provided to a board of county commissioners by section 1.

Statutes affected:
As Introduced: 414.060, 414.070
BDR: 678A.010, 678A.500, 678A.510, 678A.520, 678A.530, 678A.540, 678A.550, 678A.560, 678A.570, 678A.580, 678A.590, 678A.600, 678B.650