DECLARATION OF EMERGENCY DIRECTIVE 016
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide emergency pursuant to Sec. 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, since the March 12, 2020 Declaration of Emergency, I have issued fifteen Directives pursuant to that order to provide for the safety, wellbeing, and public health of Nevadans and the administration of the State of Nevada; and
WHEREAS, the ability of the novel coronavirus that causes COVID-19 to survive on surfaces for indeterminate periods of time renders some property unusable and contributes to contamination, damage, and property loss; and
WHEREAS, the propensity of the COVID-19 disease to spread via interpersonal contact precipitated the widespread closure of certain businesses and the imposition of limitations on other businesses; and
WHEREAS, on April 21, 2020, the National Governors Association issued guidance for a staged reopening that protects the public's health while laying a strong foundation for long-term economic recovery; and
WHEREAS, Nevada Revised Statutes 414.060 outlines powers and duties delegated to the Governor during the existence of a state of emergency, including without limitation, directing and controlling the conduct of the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an emergency or disaster, public meetings or gatherings; and
WHEREAS, NRS 414.070 outlines additional powers delegated to the Governor during the existence of a state of emergency, including without limitation, enforcing all laws and regulations relating to emergency management and assuming direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State; providing for and compelling 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; and performing and exercising such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and
WHEREAS, Article 5, Section 1 of the Nevada Constitution provides: "The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada;" and
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and pursuant to the March 12, 2020, Emergency Declaration,
IT IS HEREBEY ORDERED THAT:
Declaration of Emergency Directive 16 Orders
||To the extent this Directive conflicts with earlier Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency, the provisions of this Directive shall prevail.
||Effective May 1, 2020, non-essential retail businesses identified in Directive 003 Emergency Regulation NAC 414.XXX(2)(d), NAC 414.XXX(2)(g), and NAC 414.XXX(2)(k) may resume retail sales on a curbside or home delivery basis only. Businesses reopening under this provision must adopt measures promulgated by the Nevada State Occupational Safety and Health Administration to minimize the risk of spread of COVID-19 including social distancing and sanitation measures, and abide by all other guidance promulgated pursuant to this Directive. To the extent practicable, businesses must provide services in a manner disallowing the formation of queues whereby persons congregate in a manner that violates the social distancing guidelines above. All businesses are encouraged to permit their employees to work from home to the maximum extent practicable.
||Section 5 of Directive 003 is hereby amended. Effective May 1, 2020, licensed cannabis dispensaries may engage in retail sales on a curbside pickup or home delivery basis pursuant to guidance that shall be issued by the Department of Taxation in conjunction with the Cannabis Compliance Board, and subject to all local ordinances or municipal code. Retail cannabis dispensaries must adopt measures promulgated by Nevada State Occupational Safety and Health Administration (OSHA) to minimize the risk of spread of COVID-19 including social distancing and sanitation measures. All retail cannabis dispensaries are encouraged to permit their employees to work from home to the maximum extent practicable.
||Directive 003, as amended herein is hereby extended until May 15, 2020, unless specifically terminated or extended by subsequent Directive.
||Directive 004 is hereby amended. Effective May 1, 2020, Department of Motor Vehicle (DMV) expiration dates referenced in Directive 004 for all commercial and commercial licenses, non-commercial and commercial instruction permits, identification cards, Driver Authorization Cards (DAC), vehicle or off-highway vehicle registrations, motor carrier active and temporary credentials, or any other credentials issued by the DMV as required by state law that have expired or will expire during DMV public office closures due to the COVID-19 State of Emergency shall be extended for a period of 90 days from the date DMV offices reopen to the public. Directive 004 is further amended to provide that the expiration date on said licenses, permits, cards, and other DMV credentials expiring within 30 days after DMV offices reopen to the public shall be extended for an additional 60 days from the date DMV offices reopen to the public. Where possible, DMV customers are strongly encouraged to renew said licenses, permits, cards and other DMV credentials through DMV's website, portal, or kiosks.
||Directive 006 is hereby extended from April 16, 2020 to May 15, 2020, unless specifically terminated or renewed by subsequent Directive.
||Directive 007 is hereby extended until May 15, 2020, unless specifically terminated or extended by subsequent Directive.
| SECTION 8:
||Directive 010 is hereby extended until May 15, 2020. Directive 010 is hereby modified to the extent that individuals may leave their residences for the additional purpose of picking up goods at non-essential retail businesses offering curbside delivery pursuant to Section 2 of this Directive. Recognizing that COVID-19 is still present in Nevada and highly contagious, Nevadans are advised that they are safer at home and should avoid interpersonal contact with persons not residing in their households to the extent practicable. To reduce the spread of COVID-19 via respiratory transmission, the Nevada public should utilize face coverings in public spaces.
| SECTION 9:
||Section 2 of Directive 013 is hereby amended. Golf, tennis, and pickleball activities may resume on May 1, 2020 if they are able to operate in a manner that is consistent with social distancing guidelines, can do so without violating the provisions set forth in Directive 007, adopt sanitation measures intended to reduce the spread of COVID- 19, and abide by all guidance promulgated pursuant to this Directive. This section shall not be construed to permit the reopening of businesses defined in Emergency Regulation NAC 414.XXX:(2)(a) through NAC 414.XXX:(2)Q), with the exception of retail businesses classified under NAC 414.:XX:X(2)(d), NAC 414.XXX:(2)(g), and NAC 414.XXX:(2)(k).
| SECTION 10:
||Section 4 of Directive 013 is hereby amended. Effective May 1, 2020, places of worship may offer services on an in-car or drive-in basis, if these services allow occupants to remain in their vehicles, can be held in a manner consistent with social distancing guidelines, implement precautions intended to reduce the spread of COVID-19, and abide by other guidance promulgated pursuant to this Directive. The prohibition of ten or more persons for indoor services shall remain in effect for the duration that this Directive shall be in effect, unless specifically terminated or renewed by subsequent order.
| SECTION 11:
||All other provisions of Directive 013 shall be extended to May 15, 2020, unless specifically terminated or renewed by subsequent order.
| SECTION 12:
||The Nevada State Occupational Safety and Health Ad.ministration (OSHA) shall continue to ensure that businesses reopened pursuant to this Directive or otherwise operating during the state of emergency provide adequate protections to their workers and adopt sanitation protocols that minimize the risk of spread of COVID-19 among their workforce.
| SECTION 13:
||Gaming operations, not including licensed online gaming or mobile wagering operations, shall remain closed until the Gaming Control Board determines that operations may safely resume. The Gaming Control Board shall promulgate guidance for a phased and incremental resumption of gaming operations, as well as criteria regarding when operations may resume.
| SECTION 14:
||Previous Directives not specifically referenced herein remain in effect for the duration that this Directive shall remain in effect, unless specifically terminated or extended renewed by subsequent Directive.
| SECTION 15:
||This Directive shall remain in effect until May 15, 2020, unless extended or terminated by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.
| SECTION 16:
||No provision of this Directive or any previously issued Directive shall be construed to impose a termination date on the Declaration of Emergency for COVID-19 issued on March 12, 2020. The Declaration of Emergency shall remain in effect until the Chief Medical Officer notifies the Governor that the health event has been abated and the Governor issues an order terminating the emergency.