Nevada § 239C.260 - Plan for continuation of state and local governmental operations in event of catastrophic emergency

§ 239C.260. Plan for continuation of state and local governmental operations in event of catastrophic emergency

1. In accordance with the provisions of Section 37 of Article 4 of the Nevada Constitution , the Nevada Legislature hereby establishes a plan for continuation of state and local

governmental operations. The provisions set forth in this section apply only in, and must be used in accordance

with, the circumstances described in subsection 2. 2. In the event that this State or a portion of this State is stricken by a catastrophic

emergency of such magnitude that, in the opinion of the Governor or, in the absence

of the Governor, the Lieutenant Governor, the existing provisions of the Nevada Constitution

and the statutes of this State relating to the filling of vacancies in office are

not able to provide for a sufficiently expedient continuity of government and temporary

succession of power as a result of vacancies in office created by the catastrophic

emergency, the provisions of subsections 3 to 11, inclusive, apply. 3. If a vacancy occurs in the Office of Governor as a result of a catastrophic emergency

and none of the successors described in NRS 223.080 are able or available to act as Governor, the Legislature shall elect a person to

serve as Governor. If the Legislature is not in session at the time the vacancy occurs, the members

of the Legislature may convene a special session to elect a person to serve as Governor. 4. If vacancies occur in more than 15 percent of the seats in either house of the

Legislature as a result of a catastrophic emergency: (a) The remaining Legislators available for duty constitute the Legislature and have

full power to act in separate or joint assembly by majority vote of those present; (b) Any requirements for a quorum applicable to the Legislature must initially be

suspended and must subsequently be adjusted as vacant offices are filled pursuant

to NRS 218A.260 ; and (c) If the affirmative vote of a specified proportion of members of the Legislature

is required for the approval of a legislative measure, the same proportion of remaining

members of the Legislature is sufficient for approval of that measure. 5. If vacancies occur in more than 15 percent of the positions held by justices on

the Supreme Court as a result of a catastrophic emergency, the vacancies must be filled

by appointment of the Governor. 6. If vacancies occur in more than 50 percent of the positions held by judges on the

Court of Appeals as a result of a catastrophic emergency, the vacancies must be filled

by appointment of the Supreme Court. 7. If vacancies occur in more than 15 percent of the positions held by the district

judges in any one judicial district as a result of a catastrophic emergency, the vacancies

must be filled by appointment of the Supreme Court. 8. If vacancies occur on a board of county commissioners as a result of a catastrophic

emergency: (a) The remaining members of the board available for duty constitute the board and

have full power to act by majority vote of those present; and (b) Any requirements for a quorum applicable to the board must initially be suspended

and must subsequently be adjusted as vacant offices are filled. If a board of county commissioners is rendered entirely vacant as a result of a catastrophic

emergency, such other elected officers of the county as may be available to serve

on the board have full authority to act in all matters as a board of county commissioners. 9. If vacancies occur on a city council as a result of a catastrophic emergency: (a) The remaining members of the council available for duty constitute the council

and have full power to act by majority vote of those present; and (b) Any requirements for a quorum applicable to the council must initially be suspended

and must subsequently be adjusted as vacant offices are filled. If a city council is rendered entirely vacant as a result of a catastrophic emergency,

such other elected officers of the city as may be available to serve on the council

have full authority to act in all matters as a city council. 10. If, during or following a catastrophic emergency, a majority of the members of

a legislative body described in this section determines that, for purposes of safety

or to address related concerns, the legislative body should meet at a location other

than the location at which the legislative body ordinarily meets, the legislative

body may arrange to meet at an alternate location. 11. After a catastrophic emergency has taken place, the Governor or, in the absence

of the Governor, the Lieutenant Governor, shall: (a) Determine and announce publicly when conditions have normalized within this State

or the portion thereof affected by the catastrophic emergency. (b) In cooperation with the Secretary of State, develop procedures and a reasonable

schedule for filling by regular election the various offices filled temporarily pursuant

to this section. 12. As used in this section, “ catastrophic emergency ” means an emergency resulting from disasters caused by enemy attack, in accordance

with Section 37 of Article 4 of the Nevada Constitution .