DECLARATION OF EMERGENCY DIRECTIVE 029
WHEREAS, in late 2019, the United States Centers for Disease Control and Prevention began monitoring an outbreak of respiratory illness caused by a novel coronavirus first identified in Wuhan, Hubei Province, China; and
WHEREAS, on February 11, 2020, the International Committee on Taxonomy of Viruses named this novel coronavirus "severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);" and
WHEREAS, on February 11, 2020, the World Health Organization named the disease caused by SARS-CoV-2, "COVID-19;" and
WHEREAS, the World Health Organization advises that the novel coronavirus that causes COVID-19 virus is highly contagious, and spreads through respiratory transmission, and direct and indirect contact with infected persons and surfaces; and
WHEREAS, the World Health Organization advises that respiratory transmission occurs through both droplet and airborne transmission, where droplet transmission occurs when a person is within 6 feet of someone who has respiratory symptoms like coughing or sneezing, and airborne transmission may occur when aerosolized particles remain suspended in the air and is inhaled; and
WHEREAS, the World Health Organization advises that contact transmission occurs by direct contact with infected people or indirect contact with surfaces contaminated by the novel coronavirus; and
WHEREAS, some persons with COVID-19 may exhibit no symptoms but remain highly infectious; and
WHEREAS, on March 5, 2020, Clark County and Washoe County both reported the first known cases of COVID-19 in the State of Nevada; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and
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, on March 14, 2020, I formed a medical advisory team to provide medical guidance and scientifically based recommendations on measures Nevada could implement to better contain and mitigate the spread of COVID-19; and
WHEREAS, infectious disease and public health experts advised that minimizing interpersonal contact slows the rate at which the disease spreads, and is necessary to avoid overwhelming healthcare systems, commonly referred to as "flattening the curve"; and
WHEREAS, since the March 12, 2020 Declaration of Emergency, I have issued 28 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, these Directives were promulgated to reduce interpersonal contact and promote social distancing to flatten the curve; and
WHEREAS, on April 30, 2020, I introduced the Nevada United: Roadmap to Recovery plan that outlined a phased approach to reopening Nevada businesses and industry; and
WHEREAS, the Nevada United: Roadmap to Recovery plan set forth a collaborative partnership between state and local governments that included the formation of the Local Empowerment Advisory Panel ("LEAP") to serve as a resource to local governments and local communities; and
WHEREAS, on May 9, 2020, the State of Nevada entered Phase One of the Nevada United: Roadmap to Recovery plan; and
WHEREAS, on May 29, 2020, the State of Nevada entered Phase Two of the Nevada United: Roadmap to Recovery plan; and
WHEREAS, prior to entering Phase Two, Nevada experienced a consistent and sustainable downward trajectory in the percentage of positive COVID-19 cases, a decrease in the trend of COVID-19 hospitalizations, and a decline in our cumulative test positivity rate from a maximum rate of 12.2% on April 24, 2020 to 6.3% on May 27, 2020 with a 33-day downward trend; and
WHEREAS, the intensity of COVID-19 infections in Nevada is exceedingly fluid. As of July 28, 2020, the State of Nevada has experienced over fifty days of an increasing trend of hospitalizations for confirmed COVID-19 cases; and
WHEREAS, as of July 28, 2020, the State of Nevada has experienced forty days of an increasing trend in its cumulative test positivity rate of COVID-19 cases; and
WHEREAS, as of July 28, 2020, there is no cure or vaccine for the COVID-19 disease; and
WHEREAS, because the virus causing COVID-19 is novel, scientific and medical treatment knowledge about the virus and how to limit its spread is improving regularly; and
WHEREAS, NRS 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 414.060(3)(f) provides that the administrative authority vested to the Governor in times of emergency may be delegated; 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 HEREBY ORDERED THAT:
DECLARATION OF EMERGENCY DIRECTIVE 029 HEREBY 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.
||The Nevada United: Roadmap to Recovery plan is hereby reaffirmed. This plan provides for a federally supported, state managed, and locally executed reopening approach, under which county governments and local municipalities are delegated the authority to impose additional COVID-19-related restrictions on businesses and public activities. Restrictions imposed by county government or local municipalities may exceed the standards imposed by Declaration of Emergency Directives and any State or federal guidelines to the extent reasonable, or set forth under the LEAP guidelines, but in no case shall such local guidelines be more permissive than the provisions of this Directive and the disease management plans it authorizes.
||The importance of the State's county and city governments committing significant energy, resources, and time to enforcing the provisions of this and previous directives and in mandating conformance with health and safety standards central to the continuing fight against COVID-19 is reaffirmed here in the strongest possible form. Local governments and individuals, businesses, and other organizations may adopt practices that exceed the standards imposed by Declaration of Emergency Directives and the disease management plans they authorize, guidelines promulgated by the Nevada State Occupational Safety and Health Administration (NV OSHA) or LEAP guidelines, but in no case shall business practices be more permissive than the provisions of this Directive, its authorized disease management plans, or those imposed by NV OSHA and the LEAP.
||All directives promulgated pursuant to the March 12, 2020 Declaration of Emergency or subsections thereof set to expire on July 31, 2020, shall remain in effect for the duration of the current state of emergency, unless terminated prior to that date by a subsequent directive or by operation of law associated with lifting the Declaration of Emergency. Of note, Phase Two of the Nevada United: Roadmap to Recovery remains in effect. Directive 026, Section 8, extending Directive 021, Phase Two of the Nevada United: Roadmap to Recovery plan, is hereby extended until the earlier of termination of these provisions by a subsequent directive or termination of the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.
||The provisions of Section 4 do not extend to the recommencement of certain actions or directives, including Directive 025, previously terminated by express or implied order, or previously allowed to expire by operation of law.
||Pursuant to NRS 414.060(f)(L), I hereby authorize and renew my call to all local, city, and county governments, and state agencies to enforce this Directive and regulations promulgated thereunder, including but not limited to, suspending licenses, revoking licenses, or issuing penalties for violating business, professional, liquor, tobacco, or gaming licenses issued by the local jurisdiction for actions that jeopardize the health, safety, or welfare of the public; conduct which may injuriously affect the public health, safety, or welfare; conduct that may be detrimental to the public peace, health, or morals; or any other applicable ordinance or requirement for such a license.
||The State of Nevada shall retain all authority vested in the Governor pursuant to NRS Chapter 414.
||This Directive is effective at 11:59 p.m. on Friday, July 31, 2020 and shall remain in effect until terminated by a subsequent directive promulgated pursuant to the March 12, 2020 Declaration of Emergency, or dissolution or lifting of the Declaration of Emergency itself, to facilitate the State's response to the COVID-19 pandemic.