Legislators debate curbing governor’s emergency powers

Wednesday, Feb. 13, 2002 | 9:49 a.m.

CARSON CITY -- In a major public health emergency, such as a terrorist attack, the governor would be given extraordinary powers under a proposed law.

But the Legislative Committee on Health Tuesday expressed concern that the governor would have dictatorial authority without checks or balances.

The committee is starting to prepare changes to update Nevada's law so the state can deal with such things as bioterrorism, a natural disaster or chemical or nuclear attack.

Sen. Ray Rawson, R-Las Vegas, chairman of the committee, said the same laws on dealing with big emergencies have been in effect since 1918, when some 625,000 U.S. residents died during a Spanish Flu epidemic.

This new law would deal with a "significant event, not an average flu outbreak," however.

Under the law the governor would have the power to suspend laws that may increase the health threats, to shift money around in government, to provide aid to another state and to take over actions to respond to a public health emergency.

Mike Hillerby, assistant chief of staff for Gov. Kenny Guinn, said the governor already has many of these powers.

Assemblywoman Bonnie Parnell, D-Carson City, said the proposed law lacks a provision that would allow the Legislature to participate in the decision-making process and that the governor could spend money without oversight from the Legislative Interim Finance Committee.

Rawson said the Legislature or the courts should have the power to set aside the decisions of the governor if he starts violating people's rights; confiscating property, for example.

Deputy Attorney General Randy Munn told the committee that emergency power is a "delicate issue."

"I would hate to see us set up a constitutional crisis," he said, referring to the possibility of the governor opposed by the Legislature in dealing with an emergency. "It could get ugly," he said.

A "direct confrontation," could slow the response to an emergency, Munn said. He suggested the Legislature set up a committee that could file suit in the Nevada Supreme Court to resolve any issue in which the governor may be overstepping his authority.

Hillerby said Guinn has no trouble notifying the Legislature when he intends to declare an emergency. But he said he had "serious concerns" if the Legislature tried "to second guess" Guinn or future governors.

Jim O'Brien of the Clark County Office of Emergency Management said the proposal, as it stands, has decisions coming from the top down. He said local governments should have a say in the process.

This bill, he complained, "bypasses the boards of county commissioners."

One witness, who said he was in England last year during the "Mad Cow" disease crisis, said authority in that country went too far. The authorities went to a farm and destroyed the herd. Problem was, they went to the wrong address.

He said the "same thing could happen here."

The health committee intends to have another meeting to put the finishing touches on the bill, which will be presented to the 2003 Legislature.