ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting lines 19 and 20 and inserting:
“direct the Committee to Review Regulations to examine any temporary regulation that a”.
Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant towhich it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,
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it shall include a statement that adoption of the regulation
is required by a federal statute or regulation. The statement must include the
specific citation of the federal statute or regulation requiring such adoption.
3. The Legislative Commission, or the joint interim committee if the Commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The Commission may appoint a [committee] Committee to Review Regulations composed of three or more members of the Commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
4. The Legislative Commission shall notify the Legislative Counsel of the results of its review within 30 days after receipt of the regulation from the agency. If the Commission does not object to the regulation, the Legislative Counsel shall file it with the Secretary of State within 35 days after receipt from the agency and notify the agency of the filing. If the Commission objects to the regulation after determining that:
(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;
(b) The regulation does not conform to statutory authority; or
(c) The regulation does not carry out legislative intent,
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the Legislative Counsel shall attach to the regulation a
written notice of the objection of the Commission, including a statement of the
reasons for its objection, and shall promptly return the regulation to the
agency.”.