Nevada § 414.070 - Additional powers of Governor during existence of state of emergency or declaration of disaster

§ 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.