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 2 of this bill provides that a state of emergency or declaration of disaster proclaimed by the Governor terminates automatically 30 days after it is proclaimed by the Governor. However, section 2 provides that a state of emergency or declaration of disaster may continue beyond that 30-day period if the Legislature, by resolution, expressly approves the continuance. Additionally, if a state of emergency or declaration of disaster proclaimed by the Governor terminates, section 2 prohibits the Governor from subsequently proclaiming the existence of a state of emergency or declaration of disaster due to the same occurrence or threatened occurrence as that of the terminated emergency or disaster, unless the Legislature, by resolution, expressly approves the proclamation. Finally, if the exercise of any emergency power by the Governor would impose a requirement on or otherwise restrict the operation of a business in this State, sections 1 and 2 of this bill prohibit the Governor from exercising such a power without the express approval of the Legislative Commission or the Legislature.

Statutes affected:
As Introduced: 414.060, 414.070
BDR: 414.060, 414.070