Senate Bill No. 329–Senator Amodei
CHAPTER..........
AN ACT relating to administrative regulations; authorizing the review of a temporary regulation by the Legislative Commission upon the request of a Legislator; providing a procedure for such a review; authorizing the Legislative Commission to object to and suspend the filing of a temporary regulation and the Legislature to prevent that regulation from becoming effective under certain circumstances; providing a procedure for an agency to revise and resubmit to the Legislative Commission a temporary regulation to which the Commission has objected; revising the date by which an agency that adopts a temporary regulation may file the regulation with the Secretary of State; expanding the list of administrative regulations subject to review by the Legislative Committee on Health Care; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 233B of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. Upon the request of a Legislator, the Legislative
1-4 Commission may examine a temporary regulation adopted by an
1-5 agency that is not yet effective pursuant to subsection 2 of NRS
1-6 233B.070 to determine whether the temporary regulation
1-7 conforms to the statutory authority pursuant to which it was
1-8 adopted and whether the temporary regulation carries out the
1-9 intent of the Legislature in granting that authority.
1-10 2. If a temporary regulation that the Legislative Commission
1-11 is requested to examine pursuant to subsection 1 was required to
1-12 be adopted by the agency pursuant to a federal statute or
1-13 regulation and the temporary regulation exceeds the specific
1-14 statutory authority of the agency or sets forth requirements that
1-15 are more stringent than a statute of this state, the agency shall
1-16 submit a statement to the Legislative Commission that adoption of
1-17 the temporary regulation was required by a federal statute or
1-18 regulation. The statement must include the specific citation of the
1-19 federal statute or regulation requiring such adoption.
1-20 3. The Legislative Commission shall review the temporary
1-21 regulation at its next regularly scheduled meeting if the
1-22 temporary regulation is received more than 10 working days
1-23 before the meeting and a regular meeting is held within 35 days
1-24 after receipt of the temporary regulation. The Legislative
1-25 Commission may direct the Committee to Review Regulations to
1-26 examine any
2-1 temporary regulation that a Legislator has requested to be
2-2 reviewed more than 35 days before a regular meeting of the
2-3 Commission is scheduled to be held.
2-4 4. The Legislative Counsel shall notify the agency that
2-5 adopted the temporary regulation of the results of the review of
2-6 the temporary regulation by the Legislative Commission within
2-7 30 days after receipt of the request for review of the temporary
2-8 regulation from a Legislator. If the Commission does not object to
2-9 the temporary regulation, the Legislative Counsel shall notify the
2-10 agency that the agency may file the temporary regulation with the
2-11 Secretary of State. If the Commission objects to the temporary
2-12 regulation after determining that:
2-13 (a) If subsection 2 is applicable, the temporary regulation is
2-14 not required pursuant to a federal statute or regulation;
2-15 (b) The temporary regulation does not conform to statutory
2-16 authority; or
2-17 (c) The temporary regulation does not carry out legislative
2-18 intent,
2-19 the Legislative Counsel shall attach to the temporary regulation a
2-20 written notice of the objection of the Commission, including a
2-21 statement of the reasons for its objection, and shall promptly
2-22 return the temporary regulation to the agency.
2-23 5. If the Legislative Commission has objected to a temporary
2-24 regulation, the agency that adopted the temporary regulation may
2-25 revise it and return it to the Legislative Counsel. Upon receipt of
2-26 the revised temporary regulation, the Legislative Counsel shall
2-27 resubmit the temporary regulation to the Commission at its next
2-28 regularly scheduled meeting. If the Commission does not object to
2-29 the revised temporary regulation, the Legislative Counsel shall
2-30 notify the agency that the agency may file the revised temporary
2-31 regulation with the Secretary of State.
2-32 6. If the Legislative Commission objects to the revised
2-33 temporary regulation, the agency may continue to revise it and
2-34 resubmit it.
2-35 7. If the agency refuses to revise a temporary regulation to
2-36 which the Legislative Commission has objected, the Commission
2-37 may suspend the filing of the temporary regulation until the final
2-38 day of the next regular session of the Legislature. Before the final
2-39 day of the next regular session, the Legislature may, by
2-40 concurrent resolution or other appropriate legislative measure,
2-41 declare that the temporary regulation will not become effective. If
2-42 the Legislature makes such a declaration, the agency shall not file
2-43 or enforce the temporary regulation or subsequently adopt a
2-44 substantively identical permanent regulation. If the Legislature
2-45 has not so declared by the final day of the session, the agency may
2-46 file the temporary regulation with the Secretary of State.
3-1 Sec. 2. NRS 233B.0613 is hereby amended to read as follows:
3-2 233B.0613 1. If an agency determines that an emergency
3-3 exists, it shall submit to the Governor a written statement of the
3-4 emergency which sets forth the reasons for the determination. If the
3-5 Governor endorses the statement of the emergency by written
3-6 endorsement at the end of the full text of the statement of
3-7 emergency on the original copy of a proposed regulation, the
3-8 regulation may be adopted and become effective immediately upon
3-9 its being filed in the Office of the Secretary of State pursuant to
3-10 subsection [2] 3 of NRS 233B.070. The statement of the emergency
3-11 endorsed by the Governor must be included as a part of the
3-12 regulation for all purposes. A regulation so adopted may be
3-13 effective for a period of not longer than 120 days. A regulation may
3-14 be adopted by this emergency procedure only once.
3-15 2. If an agency adopts, after providing notice and the
3-16 opportunity for a hearing as required in this chapter, a permanent or
3-17 temporary regulation which becomes effective and is substantially
3-18 identical to its effective emergency regulation, the emergency
3-19 regulation expires automatically on the effective date of the
3-20 temporary or permanent regulation.
3-21 Sec. 3. NRS 233B.063 is hereby amended to read as follows:
3-22 233B.063 1. At or before the time of giving notice of its
3-23 intention to adopt, amend or repeal a permanent regulation an
3-24 agency shall deliver to the Legislative Counsel a copy of the
3-25 proposed regulation or amendment or an identification of the
3-26 regulation to be repealed. The Legislative Counsel shall examine
3-27 and if appropriate revise the language submitted so that it is clear,
3-28 concise and suitable for incorporation in the Nevada Administrative
3-29 Code, but shall not alter the meaning or effect without the consent
3-30 of the agency.
3-31 2. Unless the proposed regulation is submitted to him between
3-32 July 1 of an even-numbered year and July 1 of the succeeding odd
3-33 -numbered year, the Legislative Counsel shall deliver the approved
3-34 or revised text of the regulation within 30 days after it is submitted
3-35 to him. If the proposed or revised text of a regulation is changed
3-36 before adoption, the agency shall submit the changed text to the
3-37 Legislative Counsel, who shall examine and revise it if appropriate
3-38 pursuant to the standards of subsection 1. Unless it is submitted
3-39 between July 1 of an even-numbered year and July 1 of the
3-40 succeeding odd-numbered year, the Legislative Counsel shall return
3-41 it with any appropriate revisions within 30 days. If the agency is a
3-42 licensing board as defined in NRS 439B.225 and the proposed
3-43 regulation relates to standards for licensing or registration or for
3-44 the renewal of a license or a certificate of registration issued to a
3-45 person or facility regulated by the agency, the Legislative Counsel
4-1 shall also deliver one copy of the approved or revised text of the
4-2 regulation to the Legislative Committee on Health Care.
4-3 3. An agency may adopt a temporary regulation between
4-4 August 1 of an even-numbered year and July 1 of the succeeding
4-5 odd-numbered year without following the procedure required by
4-6 this section and NRS 233B.064, but any such regulation expires by
4-7 limitation on November 1 of the odd-numbered year. A
4-8 substantively identical permanent regulation may be subsequently
4-9 adopted.
4-10 4. An agency may amend or suspend a permanent regulation
4-11 between August 1 of an even-numbered year and July 1 of the
4-12 succeeding odd-numbered year by adopting a temporary regulation
4-13 in the same manner and subject to the same provisions as
4-14 prescribed in subsection 3.
4-15 Sec. 4. NRS 233B.066 is hereby amended to read as follows:
4-16 233B.066 1. Except as otherwise provided in subsection 2,
4-17 each adopted regulation which is submitted to the Legislative
4-18 Counsel [Bureau] pursuant to NRS 233B.067 or filed with the
4-19 Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070
4-20 must be accompanied by a statement concerning the regulation
4-21 which contains the following information:
4-22 (a) A description of how public comment was solicited, a
4-23 summary of the public response, and an explanation how other
4-24 interested persons may obtain a copy of the summarGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).y.
4-25 (b) The number of persons who:
4-26 (1) Attended each hearing;
4-27 (2) Testified at each hearing; and
4-28 (3) Submitted to the agency written statements.
4-29 (c) A description of how comment was solicited from affected
4-30 businesses, a summary of their response, and an explanation how
4-31 other interested persons may obtain a copy of the summary.
4-32 (d) If the regulation was adopted without changing any part of
4-33 the proposed regulation, a summary of the reasons for adopting the
4-34 regulation without change.
4-35 (e) The estimated economic effect of the regulation on the
4-36 business which it is to regulate and on the public. These must be
4-37 stated separately, and in each case must include:
4-38 (1) Both adverse and beneficial effects; and
4-39 (2) Both immediate and long-term effects.
4-40 (f) The estimated cost to the agency for enforcement of the
4-41 proposed regulation.
4-42 (g) A description of any regulations of other state or government
4-43 agencies which the proposed regulation overlaps or duplicates and a
4-44 statement explaining why the duplication or overlapping is
4-45 necessary. If the regulation overlaps or duplicates a federal
4-46 regulation, the name of the regulating federal agency.
5-1 (h) If the regulation includes provisions which are more
5-2 stringent than a federal regulation which regulates the same activity,
5-3 a summary of such provisions.
5-4 (i) If the regulation provides a new fee or increases an existing
5-5 fee, the total annual amount the agency expects to collect and the
5-6 manner in which the money will be used.
5-7 2. The requirements of paragraphs (a) to (d), inclusive, of
5-8 subsection 1 do not apply to emergency regulations.
5-9 Sec. 5. NRS 233B.067 is hereby amended to read as follows:
5-10 233B.067 1. After adopting a permanent regulation, the
5-11 agency shall submit the informational statement prepared pursuant
5-12 to NRS 233B.066 and one copy of each regulation adopted to the
5-13 Legislative Counsel for review by the Legislative Commission,
5-14 which may refer it to a joint interim committee, to determine
5-15 whether the regulation conforms to the statutory authority pursuant
5-16 towhich it was adopted and whether the regulation carries out the
5-17 intent of the Legislature in granting that authority. The Legislative
5-18 Counsel shall endorse on the original and the copy of each adopted
5-19 regulation the date of their receipt. The Legislative Counsel shall
5-20 maintain the copy of the regulation in a file and make the copy
5-21 available for public inspection for 2 years.
5-22 2. If an agency submits an adopted regulation to the Legislative
5-23 Counsel pursuant to subsection 1 that:
5-24 (a) The agency is required to adopt pursuant to a federal statute
5-25 or regulation; and
5-26 (b) Exceeds the specific statutory authority of the agency or sets
5-27 forth requirements that are more stringent than a statute of this
5-28 state,
5-29 it shall include a statement that adoption of the regulation is required
5-30 by a federal statute or regulation. The statement must include the
5-31 specific citation of the federal statute or regulation requiring such
5-32 adoption.
5-33 3. The Legislative Commission, or the joint interim committee
5-34 if the Commission has referred it to such a committee, shall review
5-35 the regulation at its next regularly scheduled meeting if the
5-36 regulation is received more than 10 working days before the
5-37 meeting and a regular meeting is held within 35 days after receipt
5-38 of the regulation. The Commission may appoint a [committee]
5-39 Committee to Review Regulations composed of three or more
5-40 members of the Commission or any joint interim committee to
5-41 examine proposed regulations received more than 35 days before a
5-42 regular meeting is scheduled to be held.
5-43 4. The Legislative Commission shall notify the Legislative
5-44 Counsel of the results of its review within 30 days after receipt of
5-45 the regulation from the agency. If the Commission does not object
5-46 to the regulation, the Legislative Counsel shall file it with the
6-1 Secretary of State within 35 days after receipt from the agency and
6-2 notify the agency of the filing. If the Commission objects to the
6-3 regulation after determining that:
6-4 (a) If subsection 2 is applicable, the regulation is not required
6-5 pursuant to a federal statute or regulation;
6-6 (b) The regulation does not conform to statutory authority; or
6-7 (c) The regulation does not carry out legislative intent,
6-8 the Legislative Counsel shall attach to the regulation a written notice
6-9 of the objection of the Commission, including a statement of the
6-10 reasons for its objection, and shall promptly return the regulation to
6-11 the agency.
6-12 Sec. 6. NRS 233B.0681 is hereby amended to read as follows:
6-13 233B.0681 The Legislative Commission may provide for:
6-14 1. Its early review of a proposed permanent regulation after
6-15 the agency has given notice of a hearing on the regulation but
6-16 before the hearing is held. If the permanent regulation adopted
6-17 after the hearing is identical to the regulation submitted for early
6-18 review,
6-19 the Legislative Counsel shall promptly file the regulation with the
6-20 Secretary of State and notify the agency of the filing.
6-21 2. A waiver of its review of a permanent regulation in a case
6-22 of administrative convenience or necessity.
6-23 Sec. 7. NRS 233B.070 is hereby amended to read as follows:
6-24 233B.070 1. A permanent regulation becomes effective when
6-25 the Legislative Counsel files with the Secretary of State the original
6-26 of the final draft or revision of a regulation, except as otherwise
6-27 provided in NRS 233B.0665 or where a later date is specified in the
6-28 regulation.
6-29 2. [A temporary or] Except as otherwise provided in section 1
6-30 of this act, an agency that has adopted a temporary regulation
6-31 may not file the temporary regulation with the Secretary of State
6-32 until 35 days after the date on which the temporary regulation
6-33 was adopted by the agency. A temporary regulation becomes
6-34 effective when the agency files with the Secretary of State the
6-35 original of the final draft or revision of the regulation, together
6-36 with the informational statement prepared pursuant to NRS
6-37 233B.066. The agency shall also file a copy of the temporary
6-38 regulation with
6-39 the Legislative Counsel, together with the informational statement
6-40 prepared pursuant to NRS 233B.066.
6-41 3. An emergency regulation becomes effective when the
6-42 agency files with the Secretary of State the original of the final draft
6-43 or revision of [a] an emergency regulation, together with the
6-44 informational statement prepared pursuant to NRS 233B.066. The
6-45 agency shall also file a copy of the [temporary or] emergency
6-46 regulation with the Legislative Counsel, together with the
6-47 informational statement prepared pursuant to NRS 233B.066.
7-1 [3.] 4. The Secretary of State shall maintain the original of the
7-2 final draft or revision of each regulation in a permanent file to be
7-3 used only for the preparation of official copies.
7-4 [4.] 5. The Secretary of State shall file, with the original of
7-5 each agency’s rules of practice, the current statement of the agency
7-6 concerning the date and results of its most recent review of those
7-7 rules.
7-8 [5.] 6. Immediately after each permanent or temporary
7-9 regulation is filed, the agency shall deliver one copy of the final
7-10 draft or revision, bearing the stamp of the Secretary of State
7-11 indicating that it has been filed, including material adopted by
7-12 reference which is not already filed with the State Library and
7-13 Archives Administrator, to the State Library and Archives
7-14 Administrator for use by the public. If the agency is a licensing
7-15 board as defined in NRS 439B.225 and it has adopted a permanent
7-16 regulation relating to standards for licensing or registration or for
7-17 the renewal of a license or a certificate of registration issued to a
7-18 person or facility regulated by the agency, the agency shall also
7-19 deliver one copy of the regulation, bearing the stamp of the
7-20 Secretary of State, to the Legislative Committee on Health Care
7-21 within 10 days after the regulation is filed with the Secretary of
7-22 State.
7-23 [6.] 7. Each agency shall furnish a copy of all or part of that
7-24 part of the Nevada Administrative Code which contains its
7-25 regulations, to any person who requests a copy, and may charge a
7-26 reasonable fee for the copy based on the cost of reproduction if it
7-27 does not have money appropriated or authorized for that purpose.
7-28 [7.] 8. An agency which publishes any regulations included in
7-29 the Nevada Administrative Code shall use the exact text of the
7-30 regulation as it appears in the Nevada Administrative Code,
7-31 including the leadlines and numbers of the sections. Any other
7-32 material which an agency includes in a publication with its
7-33 regulations must be presented in a form which clearly distinguishes
7-34 that material from the regulations.
7-35 Sec. 8. NRS 439B.225 is hereby amended to read as follows:
7-36 439B.225 1. As used in this section, “licensing board” means
7-37 any board empowered to adopt standards for licensing or
7-38 registration or for the renewal of licenses or certificates of
7-39 registration pursuant to chapter 449, 625A, 630, 630A, 631, 632,
7-40 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641,
7-41 641A, 641B, 641C, 652 or 654 of NRS.
7-42 2. The Committee shall review each regulation that a licensing
7-43 board proposes or adopts that relates to standards for licensing or
7-44 registration or to the renewal of a license or certificate of
7-45 registration issued to a person or facility regulated by the board,
7-46 giving consideration to:
8-1 (a) Any oral or written comment made or submitted to it by
8-2 members of the public or by persons or facilities affected by the
8-3 regulation;
8-4 (b) The effect of the regulation on the cost of health care in this
8-5 state;
8-6 (c) The effect of the regulation on the number of licensed or
8-7 registered persons and facilities available to provide services in this
8-8 state; and
8-9 (d) Any other related factor the Committee deems appropriate.
8-10 3. After reviewing a proposed regulation, the Committee shall
8-11 notify the agency of the opinion of the Committee regarding the
8-12 advisability of adopting or revising the proposed regulation.
8-13 4. The Committee shall recommend to the Legislature as a
8-14 result of its review of regulations pursuant to this section any
8-15 appropriate legislation.
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