DECLARATION OF EMERGENCY DIRECTIVE 045
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(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); 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 transmission occurs through both droplet and airborne transmission, where droplet transmission occurs when a person is in close proximity to someone who is infected with COVID-19; 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, on March 14, 2020, I formed a COVID-19 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, in late December 2020, Nevada began distributing COVID-19 vaccines, but the supply of vaccines remains limited; and
WHEREAS, Nevada's hospitalization rate for suspected and confirmed COVID-19 cases has trended downward since mid-January 2021; and
WHEREAS, since mid-January 2021, the 14-day moving average test positivity rate has generally declined, but COVID-19 still poses a substantial threat to the public health; and
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WHEREAS, on February 14, 2021, I issued Emergency Directive 037, which set forth a stepped approach to easing the restrictions on the size of gatherings, reduced capacity for bars, restaurants, and other businesses, that were implemented during the Statewide Pause; and
WHEREAS, Emergency Directive 037 provides that, beginning on May 1, 2021, it may be appropriate to transition the management of certain mitigation measures to the counties, if COVID-19 cases continue to decline; and
WHEREAS, Emergency Directive 041, issued on March 12, 2021, sets forth a process for counties to create a COVID-19 Local Mitigation and Enforcement Plan ("Local Plan") that will provide for local control and enforcement of certain COVID-19 mitigation measures; and
WHEREAS, on April 27, 2021, the national Centers for Disease Control and Prevention ("CDC") released updated guidance recommending that all persons, whether vaccinated or not, continue to wear a mask while indoors. The CDC guidance also outlines situations where there is a low risk of spreading COVID-19 and wearing a mask may not be necessary, depending on whether an individual is fully vaccinated or not; and
WHEREAS, many Nevadans will choose to continue to wear a face covering in situations where doing so is not required, based on their personal judgments about their own health risks and those of their household members; and
WHEREAS, infectious disease and public health experts advised that wearing a mask or other face covering is an important and effective measure to reduce the spread of COVID-19; and
WHEREAS, new variants of the COVID-19 virus have been identified, and medical experts have determined that some of these variants are significantly more contagious than previously known variants; and
WHEREAS, COVID-19 remains a statewide public health crisis and requires that certain mitigation measures and emergency management functions will continue to be managed at the state level to protect the overall health and safety of all Nevadans; 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
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:
SECTION 1:
The provisions of previous Directives are hereby superseded only by the explicit provisions of this Directive. Any provisions not addressed by this Directive shall remain in force as provided by previous Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency.
SECTION 2:
Consistent with Directive 041 and the Nevada United· Roadmap to Recovery plan for a federally supported, state managed, and locally executed reopening approach, county governments are hereby delegated the authority to manage certain COVID-19 related mitigation measures, including restrictions on businesses and public activities. Restrictions imposed by county government through their COVID- 19 Local Mitigation and Enforcement Plan ("Local Plan"), as set forth in Directive 041, may be more restrictive than the standards required by those statewide Directives that remain in effect, but in no case shall county-guidelines be more permissive than the provisions of those Directives.
SECTION 3:
Section 5 of Directive 024 and Section 4 of Directive 028 are hereby terminated.
SECTION 4:
Effective immediately, individuals not exempted by Directive 024, Directive 028, or guidance issued by the Nevada Health Response shall be required to cover their nose and mouth with a mask or face covering in a manner consistent with current guidance issued by the CDC, and any subsequent guidance issued by the CDC. This Section does not apply to participants in certain activities or events, including but not limited to: athletes, performers, or musicians, to the extent other directives set forth less restrictive face covering requirements for those participants.
SECTION 5:
Section 6 of Directive 024 is hereby amended to read as follows:
Businesses shall ensure that all patrons, customers, patients, or clients utilize face coverings consistent with this Directive, which may include prohibiting persons without face coverings from entering any indoor premises.
SECTION 6:
The provisions of this Directive remain in effect until amended 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, or upon dissolution or termination of the Declaration of Emergency.