Nevada Code § 353.335

Procedure for acceptance of gift or grant of property or services
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1. Except as otherwise provided in
subsections 5 and 6, a state agency may accept any gift or grant of property or
services from any source only if it is included in an act of the Legislature
authorizing expenditures of nonappropriated money or, when it is not so
included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary
because of an emergency as defined in NRS
353.263 or for the protection or preservation of life or property, the
Governor shall take reasonable and proper action to accept it and shall report
the action and his or her reasons for determining that immediate action was
necessary to the Interim Finance Committee at its first meeting after the
action is taken. Action by the Governor pursuant to this paragraph constitutes
acceptance of the gift or grant, and other provisions of this chapter requiring
approval before acceptance do not apply.
(b) The Governor determines that any proposed
gift or grant would be forfeited if the State failed to accept it before the
expiration of the period prescribed in paragraph (c), the Governor may declare
that the proposed acceptance requires expeditious action by the Interim Finance
Committee. Whenever the Governor so declares, the Interim Finance Committee has
15 days after the proposal is submitted to its Secretary within which to
approve or deny the acceptance. Any proposed acceptance which is not considered
within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant
does not qualify pursuant to paragraph (a) or (b), it must be submitted to the
Interim Finance Committee. Except as otherwise provided in NRS 353.3375 , the Interim Finance
Committee has 45 days after the proposal is submitted to its Secretary within
which to consider acceptance. Any proposed acceptance which is not considered
within the 45-day period shall be deemed approved.
3. The Secretary shall place each request
submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on
the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or
grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be
provided or improved;
(b) Any present or future commitment required of
the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and
any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental
sources, not exceeding $500,000 each in value; and
(b) Governmental grants not exceeding $200,000
each in value,
if the gifts
or grants are used for purposes which do not involve the hiring of new
employees and if the agency has the specific approval of the Governor or, if
the Governor delegates this power of approval to the Chief of the Budget
Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Human Services while acting
as the state health planning and development agency pursuant to paragraph (d)
of subsection 2 of NRS 439A.081 or for
donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490 ;
(c) Legal services provided on a pro bono basis
by an attorney or law firm engaged in the private practice of law to the State
of Nevada or any officer, agency or employee in the Executive Department of the
State Government pursuant to a contract for legal services entered into by or
at the request of the Attorney General in accordance with NRS 228.112 to 228.1127 , inclusive;
(d) Artifacts donated to the Department of
Tourism and Cultural Affairs;
(e) The initial $250,000 received by the
Department of Wildlife pursuant to subsection 1 of NRS 501.3585 as a gift, donation, bequest
or devise, or combination thereof, for an unanticipated emergency event, as
defined in NRS 501.3585 ; or
(f) A gift or grant that will be deposited in a
budget account that consists of money which is not appropriated by or
authorized for expenditure by the Legislature.

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