Nevada § 218F.720 - Authority to provide legal representation in actions and proceedings; exemption from fees, costs and expenses; standards and procedures for exercising unconditional right and standing to intervene; payment of costs and expenses of representation

§ 218F.720. Authority to provide legal representation in actions and proceedings; exemption from fees, costs and expenses; standards and procedures for exercising unconditional right and standing to intervene; payment of costs and expenses of representation

1. When deemed necessary or advisable to protect the official interests of the Legislature

in any action or proceeding, the Legislative Commission, or the Chair of the Legislative

Commission in cases where action is required before a meeting of the Legislative Commission

is scheduled to be held, may direct the Legislative Counsel or the General Counsel

and the Legal Division to appear in, commence, prosecute, defend or intervene in any

action or proceeding before any court, agency or officer of the United States, this

State or any other jurisdiction, or any political subdivision thereof. In any such action or proceeding, the Legislature may not be assessed or held liable

for: (a) Any filing or other court or agency fees; or (b) The attorney's fees or any other fees, costs or expenses of any other parties. 2. If a party to any action or proceeding before any court, agency or officer: (a) Alleges that the Legislature, by its actions or failure to act, has violated the

Constitution, treaties or laws of the United States or the Constitution or laws of

this State; or (b) Challenges, contests or raises as an issue, either in law or in equity, in whole

or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability,

validity, enforceability or constitutionality of any law, resolution, initiative,

referendum or other legislative or constitutional measure, including, without limitation,

on grounds that it is ambiguous, unclear, uncertain, imprecise, indefinite or vague,

is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or

unconstitutional, the Legislature may elect to intervene in the action or proceeding by filing a motion

or request to intervene in the form required by the rules, laws or regulations applicable

to the action or proceeding. The motion or request to intervene must be accompanied by an appropriate pleading,

brief or dispositive motion setting forth the Legislature's arguments, claims, objections

or defenses, in law or fact, or by a motion or request to file such a pleading, brief

or dispositive motion at a later time. 3. Notwithstanding any other law to the contrary, upon the filing of a motion or request

to intervene pursuant to subsection 2, the Legislature has an unconditional right

and standing to intervene in the action or proceeding and to present its arguments,

claims, objections or defenses, in law or fact, whether or not the Legislature's interests

are adequately represented by existing parties and whether or not the State or any

agency, officer or employee of the State is an existing party. If the Legislature intervenes in the action or proceeding, the Legislature has all

the rights of a party. 4. The provisions of this section do not make the Legislature a necessary or indispensable

party to any action or proceeding unless the Legislature intervenes in the action

or proceeding, and no party to any action or proceeding may name the Legislature as

a party or move to join the Legislature as a party based on the provisions of this

section. 5. The Legislative Commission may authorize payment of the expenses and costs incurred

pursuant to this section from the Legislative Fund. 6. As used in this section: (a) “ Action or proceeding ” means any action, suit, matter, cause, hearing, appeal or proceeding. (b) “ Agency ” means any agency, office, department, division, bureau, unit, board, commission,

authority, institution, committee, subcommittee or other similar body or entity, including,

without limitation, any body or entity created by an interstate, cooperative, joint

or interlocal agreement or compact. (c) “ Legislature ” means: (1) The Legislature or either House; or (2) Any current or former agency, member, officer or employee of the Legislature,

the Legislative Counsel Bureau or the Legislative Department.