Assembly Bill No. 123-Committee on Government Affairs
February 3, 1997
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Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Imposes additional duties upon legislative counsel bureau. (BDR 17-238)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the legislative counsel bureau; requiring the legislative counsel to prepare a synopsis of certain bills; requiring the fiscal analysis division of the legislative counsel bureau to obtain a fiscal note on a bill or joint resolution that creates a financial effect on the public; requiring the legislative counsel to prepare and publish a register of certain information related to administrative regulations; requiring an agency whose regulations are published in the register to pay certain costs related thereto; requiring the legislative counsel to make available on the Internet the information contained in the register; requiring the legislative counsel to include in the Nevada Administrative Code a citation of authority for each section contained therein; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Upon request made by the proposed introducer of a bill that is drafted for submission to the legislature, the legislative counsel shall prepare a synopsis of the bill if the bill authorizes or amends the authority of a state agency that is subject to the provisions of chapter 233B of NRS to adopt regulations that bind persons outside the agency.
2. A synopsis prepared pursuant to subsection 1 must be included in the bill and must contain a brief explanation of the purpose of the bill as a whole and a commentary for each section of the bill describing in detail:
(a) If the section is amending existing law, any deletion or addition in the section and the substantive effect of the addition or deletion.
(b) If the section is repealing a section, the purpose of the section being repealed and the substantive effect of its repeal.
(c) If a new section is being added, the purpose of the new section, the manner in which the new section relates to existing statutory provisions and the substantive effect of adding the new section to the law.
3. In the event of a substantive conflict between a synopsis and a bill, the provisions of the bill prevail.
Sec. 3. Before any bill or joint resolution which creates a financial effect on the public by:
1. Imposing or increasing a tax or authorizing a local government to do so;
2. Imposing or increasing a fee for a service provided by the state or a local government or authorizing a local government to do so;
3. Requiring a person to register with, be licensed by or provide information to an agency of this state or a local government; or
4. Authorizing the regulation of a business, occupation or profession or a specific aspect of a business, occupation or profession that previously was not regulated,
is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee, the fiscal analysis division shall prepare a fiscal note and may consult with any person or governmental entity to secure the appropriate information to prepare that note.
Sec. 4. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and section 2 of this act. Except as otherwise provided in those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the preparation of no more than 10 legislative measures, except that such a committee may request the preparation of additional legislative measures if the legislative commission approves each additional request by a majority vote.
3. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
4. The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 5. NRS 218.272 is hereby amended to read as follows:
218.272 1. The fiscal analysis division shall obtain a fiscal note on:
(a) Any bill which makes an appropriation or increases any existing appropriation;
(b) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and
(c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation therefrom less likely,
before it is considered at a public hearing of a committee of the assembly or the senate, or before any vote is taken thereon by the committee. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue [under] pursuant to the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, and section 3 of this act, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill or joint resolution relating exclusively to the executive budget.
Sec. 6. NRS 218.2754 is hereby amended to read as follows:
218.2754 1. The summary of each bill or joint resolution introduced in the legislature must include the statement:
(a) "Fiscal Note: Effect on Local Government: Yes,"
"Fiscal Note: Effect on Local Government: No,"
"Fiscal Note: Effect on Local Government: Contains Appropriation included in Executive Budget," or
"Fiscal Note: Effect on Local Government: Contains Appropriation not included in Executive Budget,"
whichever is appropriate; [and]
(b) "Effect on the State or on Industrial Insurance: Yes,"
"Effect on the State or on Industrial Insurance: No,"
"Effect on the State or on Industrial Insurance: Contains Appropriation included in Executive Budget,"
"Effect on the State or on Industrial Insurance: Executive Budget," or
"Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget,"
whichever is appropriate [.] ; and
(c) "Effect on the Public: Yes," or
"Effect on the Public: No,"
whichever is appropriate.
2. The legislative counsel shall consult the fiscal analysis division to secure the appropriate information for summaries of bills and joint resolutions.
Sec. 7. Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. The legislative counsel shall prepare and publish or cause the superintendent of the state printing and micrographics division of the department of administration to prepare and publish a register of administrative regulations. The register must include the following information regarding each permanent regulation adopted by an agency:
(a) The proposed and adopted text of the regulation and any revised version of the regulation;
(b) The notice of intent to act upon the regulation set forth in NRS 233B.0603;
(c) The written notice of adoption of the regulation required pursuant to NRS 233B.064;
(d) The informational statement required pursuant to NRS 233B.066; and
(e) The effective date of the regulation, as determined pursuant to NRS 233B.070.
2. The legislative counsel shall publish the register not less than 10 times per year but not more than once every 2 weeks.
3. The register must be provided to and maintained by:
(a) The secretary of state;
(b) The attorney general;
(c) The supreme court law library;
(d) The state library and archives;
(e) Each county clerk;
(f) Each county library; and
(g) The legislative counsel bureau.
4. Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of administration for the agency's proportionate share of the costs related to preparing, publishing and distributing each edition of the register that includes information about a regulation of the agency.
5. The legislative counsel may sell an additional copy of the register to any person or governmental entity that requests a copy, at a price which does not exceed the cost of publishing the additional copy.
6. The legislative counsel is immune from civil liability which may result from failure to include any information in the register.
Sec. 9. 1. The legislative counsel shall, without charge, make available for access on the Internet or its successor, if any, the information contained in the register of administrative regulations created pursuant to section 8 of this act. The legislative counsel may determine the manner in which this information is compiled and must revise the information at least as often as the register is published pursuant to section 8 of this act.
2. This section must not be construed to require the legislative counsel to provide any equipment or service that would enable a person to access the Internet.
Sec. 10. NRS 233B.0603 is hereby amended to read as follows:
233B.0603 1. The notice of intent to act upon a regulation must:
(a) Include a statement of:
(1) The need for and purpose of the proposed regulation.
(2) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.
(3) The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:
(I) Both adverse and beneficial effects; and
(II) Both immediate and long-term effects.
(4) The estimated cost to the agency for enforcement of the proposed regulation.
(5) Any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary.
(6) The time when, the place where [,] and the manner in which [,] interested persons may present their views regarding the proposed regulation.
(b) State each address at which the text of the proposed regulation may be inspected and copied.
(c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.
(d) Include a statement indicating whether the regulation establishes [any] a new fee or increases an existing fee.
(e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.
(f) Be submitted to the legislative counsel bureau for inclusion in the register of administrative regulations created pursuant to section 8 of this act. The publication of a notice of intent to act upon a regulation in the register does not satisfy the requirements for notice set forth in paragraph (e) of this subsection.
2. The attorney general may by regulation prescribe the form of notice to be used . [, which must be distributed]
3. In addition to distributing the notice to each recipient of the agency's regulations [. The] , the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.
Sec. 11. NRS 233B.062 is hereby amended to read as follows:
233B.062 1. It is the policy of this state that every agency regulation be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy, every permanent regulation [shall] must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, [citation of authority,] any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation [shall] must be distributed in the same manner as the Nevada Administrative Code.
2. The legislative commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.
Sec. 12. NRS 233B.064 is hereby amended to read as follows:
233B.064 1. An agency shall not adopt, amend or repeal a permanent regulation until it has received from the legislative counsel the approved or revised text of the regulation in the form to be adopted. The agency shall immediately notify the legislative counsel in writing of the date of adoption of each regulation adopted.
2. Upon adoption of any regulation, the agency, if requested to do so by an interested person, either [prior to] before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
Sec. 13. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall cause to be included in the Nevada Administrative Code the citation of authority pursuant to which the agency adopted each section of a permanent regulation.
3. The legislative counsel shall prepare or cause the superintendent of the state printing and micrographics division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the state librarian for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
[3.] 4. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
[4.] 5. Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of administration for their respective costs in preparing and keeping current that agency's portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 14. The amendatory provisions of sections 11 and 13 of this act apply only to permanent regulations adopted on or after July 1, 1997.