NRS 223.210 Temporary authority of Governor to act and expend money in certain circumstances; duties of Legislative Commission; report to Legislature.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this State requires the Governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the Legislature is not in session and cannot reasonably be convened in a special session, the Governor may, with the approval of the Legislative Commission:

(a)Perform the act required.

(b)Direct an existing agency, board or commission to do the act required.

(c)Accept money or some other thing of value from the Federal Government, and contract with respect to such acceptance.

(d)Expend, for the purpose required, any money so accepted from the Federal Government or available to him or her from any nonstate source or from the Emergency Account. Any expenditures from the Emergency Account for the purposes provided in this subsection must be first approved by the Legislative Commission.

2. The Governor and the Legislative Commission shall report any action taken by them to the next session of the Legislature, whether regular or special. Unless the Legislature acts affirmatively to authorize the Governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of the session. In case of such an expiration, neither the Governor nor any agency, board or commission may expend any money received pursuant to this section except as required by a valid contract executed prior to the expiration.

3. As used in this section, the phrase “cannot reasonably be convened in a special session” imposes a duty upon the Governor or the members of the Legislature to consider, among other things:

(a)The importance of the act required in relation to State Government as a whole;

(b)The amount of money to be expended pursuant to this section in relation to the cost of a special session; and

(c)The interval remaining before the next regular session.