NRS 414.070
Additional powers of Governor during existence of state of emergency or declaration of disaster.


The provisions of this section are operative only during the existence of a state of emergency or declaration of disaster. The existence of such an emergency or disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor in his or her proclamation, or the Legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State require an invocation of the provisions of this section. Any such emergency or disaster, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a resolution terminating the emergency or disaster. During the period when a state of emergency or declaration of disaster exists or continues, the Governor may exercise the following additional powers:

1.

To enforce all laws and regulations relating to emergency management and to assume direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State.

2.

To sell, lend, lease, give, transfer or deliver materials or perform services for the purpose of emergency management on such terms and conditions as the Governor prescribes and without regard to the limitations of any existing law, and to account to the State Treasurer for any money received for such property.

3.

Except as otherwise provided in NRS 414.155 and 414.340, to procure, by purchase, condemnation, seizure or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitations of any existing law. The Governor shall make compensation for the property so seized, taken or condemned on the following basis:

(a)

If property is taken for temporary use, the Governor, within 90 days after the taking, shall fix the amount of compensation to be paid therefor. If the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor shall fix within 90 days the amount of compensation to be paid for the damage or failure to return the property. If the Governor deems it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the Secretary of State.

(b)

Within the 90-day period prescribed in paragraph (a), the Governor shall make an offer in writing to the person or persons entitled to receive it of the amount of money proposed to be paid as full compensation. If the offer is accepted, the money must be paid out of such fund, funds or other sources as are available and no further action in law or in equity may ever be maintained in connection therewith. If the offer of payment is refused, the person or persons entitled thereto have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, NRS 37.060, 37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings must be had in conformity therewith so far as possible. The action must be commenced within 1 year after the receipt of the offer of settlement from the Governor.

4.

To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons.

5.

Subject to the provisions of the State Constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order or regulation adopted pursuant to this chapter. The removal must be upon charges after service upon the officer of a copy of the charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the Governor may suspend the officer for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section must be filled as provided by law.

6.

To authorize providers of emergency medical services and providers of mental health services who are not licensed, certified or registered, as applicable, in this State but hold a license, certificate, registration or similar credential in good standing in another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States to practice their profession within their scope of practice as if they were licensed, certified or registered, as applicable, in this State for the amount of time necessary to assist in responding to the emergency or disaster.

7.

To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

Source: Section 414.070 — Additional powers of Governor during existence of state of emergency or declaration of disaster., https://www.­leg.­state.­nv.­us/NRS/NRS-414.­html#NRS414Sec070.

414.020
Policy and purpose.
414.030
Definitions.
414.031
“Board” defined.
414.032
“Committee” defined.
414.033
“Coordinator” defined.
414.035
“Emergency management” defined.
414.036
“Local organization for emergency management” defined.
414.037
“Mobile support unit” defined.
414.038
“Political subdivision” defined.
414.040
Division of Emergency Management: Creation
414.041
Plan to mitigate impact of emergency or disaster: Contents
414.042
Plan to prepare for emergency or disaster: Contents
414.043
Plan to respond to emergencies or disasters: Contents
414.044
Plan for recovery from emergency or disaster: Contents
414.060
Powers and duties of Governor.
414.070
Additional powers of Governor during existence of state of emergency or declaration of disaster.
414.075
Authority of Governor to request mutual aid from participant in Nevada Intrastate Mutual Aid System to assist in provision of aid pursuant to Emergency Management Assistance Compact.
414.080
Incident management assistance teams.
414.090
Local organization for emergency management
414.093
Emergency management plans: Collaboration in development and execution
414.095
Emergency management plan must address needs of persons with pets, service animals or service animals in training.
414.097
Emergency management plans: Inclusion of provisions ensuring person is evacuated, transported and sheltered together with his or her service animal.
414.100
Agreements for reciprocal aid.
414.110
Immunity and exemption.
414.120
Limitation on liability of private persons.
414.130
Appropriations
414.135
Emergency Assistance Account: Creation
414.140
Utilization of existing services and facilities.
414.150
Person serving in organization for emergency management: Prohibited advocacy
414.155
Limitations on emergency powers relating to firearms.
414.160
Enforcement of orders and regulations made by or under authority of Governor.
414.165
Creation
414.170
Board of Search and Rescue: Creation
414.180
Board of Search and Rescue: Duties.
414.190
Board of Search and Rescue: Regulations.
414.200
Coordinator of Search and Rescue: Appointment.
414.210
Coordinator of Search and Rescue: Duties.
414.220
Committee on Training in Search and Rescue: Creation
414.230
Committee on Training in Search and Rescue: Duties.
414.240
Committee on Training in Search and Rescue: Regulations.
414.250
Membership in volunteer search and rescue or reserve unit of sheriff’s department or Civil Air Patrol: Disclosure by employee or prospective employee required
414.260
Membership in volunteer search and rescue or reserve unit of sheriff’s department or Civil Air Patrol: Discharge of employee for membership prohibited
414.270
Establishment
414.280
Duties generally
414.285
Activation of Committee or subcommittee: Conditions
414.290
Access to certain records and information when carrying out duties.
414.300
Regulations.
414.310
Broadcasters: Development of plans for emergency response.
414.0313
“Broadcaster” defined.
414.0315
“Chief” defined.
414.320
Training and certification of first response broadcasters
414.330
Priority for distribution of equipment, supplies or facilities in area affected by emergency or disaster.
414.0335
“Disaster” defined.
414.340
Confiscation of equipment, supplies or facilities from broadcaster or emergency broadcaster.
414.0345
“Emergency” defined.
414.0355
“Firearm” defined.
414.0357
“First response broadcaster” defined.
414.0358
“Hazard” defined.
414.0359
“Incident management assistance team” defined.
Last Updated

Feb. 5, 2021

§ 414.070’s source at nv​.us