The COVID Project
The record
- Jurisdiction
- Nevada
- Level
- State
- Authority
- Nev. Const. art. 4, s. 1; art. 5, s. 7 (Governor to see that the laws are faithfully executed); NRS ch. 414 (Stats. 1953, ch. 293)
- Effective
- standing law; NRS 414.070 'operative only during the existence of a state of emergency or declaration of disaster,' which the Governor proclaimed March 12, 2020 (Ex. NV-001) and terminated May 20, 2022 (read as 2020-03-12)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 12, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding dutyOther
- Addressees
- persons generally; all businesses and licensees addressed by the Directives; State and local emergency-management organizations and officers
- Character
- order penalty
- Collection
- Standing duties: Nevada DUT-NV
Operative words
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... 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.
Penalty
Chapter 414 states no free-standing criminal penalty for violating a Directive. The Directives recited NRS 199.280 (resisting or obstructing an officer discharging a legal duty: misdemeanor) and NRS 202.450 (public nuisance; NRS 202.470 misdemeanor) (Directive 007, Ex. NV-009; Directive 024 s. 10, Ex. NV-019; 25, Ex. NV-016; Directive 021 s. 39, Ex. NV-017; Directive 029 ss. 3, 6, Ex. NV-024); Clark County Code 3.04.065 added an administrative penalty of up to $1,000 per violation per day or a criminal misdemeanor (Ex. MET-LAS-026); SB 4 s. 30 added suspension of the State business license (Ex. NV-054); NRS 193.151 makes any statutorily prohibited act without a stated penalty a misdemeanor.
What it required
The Governor may 'make, amend and rescind the necessary orders and regulations' (414.060(3)(a)), may during a declared emergency enforce all emergency-management laws and regulations, compel evacuation and 'perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population' (414.070), and every emergency-management organization 'shall execute and enforce such orders and regulations as may be made by the Governor' (414.160); every COVID-19 Directive recited NRS 414.060 and 414.070 as its authority.
Retrieval noteNRS 414.060(3)(a): the Governor may 'Make, amend and rescind the necessary orders and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon the Governor in this chapter.' NRS 414.070(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.' NRS 414.160: 'Every organization for emergency management established pursuant to this chapter and the officers thereof shall execute and enforce such orders and regulations as may be made by the Governor under authority of this chapter.' NRS 414.110 declares all functions under the chapter 'governmental functions.' The Division of Emergency Management adopted the March 20, 2020 emergency regulation defining Essential Licensed Businesses under NRS 414.060 and 414.070 (Ex. NV-005). Directive 018 recited NRS 414.060(3)(f) for the delegation of administrative authority (Ex. NV-016, recitals). Chapter page renders at about 25 pages.