Senate Bill No. 329–Senator Amodei

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes review of and objection to temporary regulations by Legislative Commission in certain circumstances. (BDR 18‑730)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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; 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

2-1  adopted and whether the temporary regulation carries out the

2-2  intent of the Legislature in granting that authority.

2-3  2.  If a temporary regulation that the Legislative Commission

2-4  is requested to examine pursuant to subsection 1 was required to

2-5  be adopted by the agency pursuant to a federal statute or

2-6  regulation and the temporary regulation exceeds the specific

2-7  statutory authority of the agency or sets forth requirements that

2-8  are more stringent than a statute of this state, the agency shall

2-9  submit a statement to the Legislative Commission that adoption of

2-10  the temporary regulation was required by a federal statute or

2-11  regulation. The statement must include the specific citation of the

2-12  federal statute or regulation requiring such adoption.

2-13      3.  The Legislative Commission shall review the temporary

2-14  regulation at its next regularly scheduled meeting if the temporary

2-15  regulation is received more than 10 working days before the

2-16  meeting and a regular meeting is held within 35 days after receipt

2-17  of the temporary regulation. The Legislative Commission may

2-18  appoint a committee composed of three or more members of the

2-19  Commission to examine any temporary regulation that a

2-20  Legislator has requested to be reviewed more than 35 days before

2-21  a regular meeting of the Commission is scheduled to be held.

2-22      4.  The Legislative Counsel shall notify the agency that

2-23  adopted the temporary regulation of the results of the review of the

2-24  temporary regulation by the Legislative Commission within

2-25  30 days after receipt of the request for review of the temporary

2-26  regulation from a Legislator. If the Commission does not object to

2-27  the temporary regulation, the Legislative Counsel shall notify the

2-28  agency that the agency may file the temporary regulation with the

2-29  Secretary of State. If the Commission objects to the temporary

2-30  regulation after determining that:

2-31      (a) If subsection 2 is applicable, the temporary regulation is

2-32  not required pursuant to a federal statute or regulation;

2-33      (b) The temporary regulation does not conform to statutory

2-34  authority; or

2-35      (c) The temporary regulation does not carry out legislative

2-36  intent,

2-37  the Legislative Counsel shall attach to the temporary regulation a

2-38  written notice of the objection of the Commission, including a

2-39  statement of the reasons for its objection, and shall promptly

2-40  return the temporary regulation to the agency.

2-41      5.  If the Legislative Commission has objected to a temporary

2-42  regulation, the agency that adopted the temporary regulation may

2-43  revise it and return it to the Legislative Counsel. Upon receipt of

2-44  the revised temporary regulation, the Legislative Counsel shall

2-45  resubmit the temporary regulation to the Commission at its next

3-1  regularly scheduled meeting. If the Commission does not object to

3-2  the revised temporary regulation, the Legislative Counsel shall

3-3  notify the agency that the agency may file the revised temporary

3-4  regulation with the Secretary of State.

3-5  6.  If the Legislative Commission objects to the revised

3-6  temporary regulation, the agency may continue to revise it and

3-7  resubmit it.

3-8  7.  If the agency refuses to revise a temporary regulation to

3-9  which the Legislative Commission has objected, the Commission

3-10  may suspend the filing of the temporary regulation until the final

3-11  day of the next regular session of the Legislature. Before the final

3-12  day of the next regular session, the Legislature may, by concurrent

3-13  resolution or other appropriate legislative measure, declare that

3-14  the temporary regulation will not become effective. If the

3-15  Legislature makes such a declaration, the agency shall not file or

3-16  enforce the temporary regulation or subsequently adopt a

3-17  substantively identical permanent regulation. If the Legislature

3-18  has not so declared by the final day of the session, the agency may

3-19  file the temporary regulation with the Secretary of State.

3-20      Sec. 2.  NRS 233B.0613 is hereby amended to read as follows:

3-21      233B.0613  1.  If an agency determines that an emergency

3-22  exists, it shall submit to the Governor a written statement of the

3-23  emergency which sets forth the reasons for the determination. If the

3-24  Governor endorses the statement of the emergency by written

3-25  endorsement at the end of the full text of the statement of

3-26  emergency on the original copy of a proposed regulation, the

3-27  regulation may be adopted and become effective immediately upon

3-28  its being filed in the Office of the Secretary of State pursuant to

3-29  subsection [2] 3 of NRS 233B.070. The statement of the emergency

3-30  endorsed by the Governor must be included as a part of the

3-31  regulation for all purposes. A regulation so adopted may be effective

3-32  for a period of not longer than 120 days. A regulation may be

3-33  adopted by this emergency procedure only once.

3-34      2.  If an agency adopts, after providing notice and the

3-35  opportunity for a hearing as required in this chapter, a permanent or

3-36  temporary regulation which becomes effective and is substantially

3-37  identical to its effective emergency regulation, the emergency

3-38  regulation expires automatically on the effective date of the

3-39  temporary or permanent regulation.

3-40      Sec. 3.  NRS 233B.066 is hereby amended to read as follows:

3-41      233B.066  1.  Except as otherwise provided in subsection 2,

3-42  each adopted regulation which is submitted to the Legislative

3-43  Counsel [Bureau] pursuant to NRS 233B.067 or filed with the

3-44  Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070

4-1  must be accompanied by a statement concerning the regulation

4-2  which contains the following information:

4-3  (a) A description of how public comment was solicited, a

4-4  summary of the public response, and an explanation how other

4-5  interested persons may obtain a copy of the summary.

4-6  (b) The number of persons who:

4-7       (1) Attended each hearing;

4-8       (2) Testified at each hearing; and

4-9       (3) Submitted to the agency written statements.

4-10      (c) A description of how comment was solicited from affected

4-11  businesses, a summary of their response, and an explanation how

4-12  other interested persons may obtain a copy of the summary.

4-13      (d) If the regulation was adopted without changing any part of

4-14  the proposed regulation, a summary of the reasons for adopting the

4-15  regulation without change.

4-16      (e) The estimated economic effect of the regulation on the

4-17  business which it is to regulate and on the public. These must be

4-18  stated separately, and in each case must include:

4-19          (1) Both adverse and beneficial effects; and

4-20          (2) Both immediate and long-term effects.

4-21      (f) The estimated cost to the agency for enforcement of the

4-22  proposed regulation.

4-23      (g) A description of any regulations of other state or government

4-24  agencies which the proposed regulation overlaps or duplicates and a

4-25  statement explaining why the duplication or overlapping is

4-26  necessary. If the regulation overlaps or duplicates a federal

4-27  regulation, the name of the regulating federal agency.

4-28      (h) If the regulation includes provisions which are more

4-29  stringent than a federal regulation which regulates the same activity,

4-30  a summary of such provisions.

4-31      (i) If the regulation provides a new fee or increases an existing

4-32  fee, the total annual amount the agency expects to collect and the

4-33  manner in which the money will be used.

4-34      2.  The requirements of paragraphs (a) to (d), inclusive, of

4-35  subsection 1 do not apply to emergency regulations.

4-36      Sec. 4.  NRS 233B.0681 is hereby amended to read as follows:

4-37      233B.0681  The Legislative Commission may provide for:

4-38      1.  Its early review of a proposed permanent regulation after

4-39  the agency has given notice of a hearing on the regulation but before

4-40  the hearing is held. If the permanent regulation adopted after the

4-41  hearing is identical to the regulation submitted for early review,

4-42  the Legislative Counsel shall promptly file the regulation with the

4-43  Secretary of State and notify the agency of the filing.

4-44      2.  A waiver of its review of a permanent regulation in a case

4-45  of administrative convenience or necessity.

5-1  Sec. 5.  NRS 233B.070 is hereby amended to read as follows:

5-2  233B.070  1.  A permanent regulation becomes effective when

5-3  the Legislative Counsel files with the Secretary of State the original

5-4  of the final draft or revision of a regulation, except as otherwise

5-5  provided in NRS 233B.0665 or where a later date is specified in the

5-6  regulation.

5-7  2.  [A temporary or] Except as otherwise provided in section 1

5-8  of this act, an agency that has adopted a temporary regulation may

5-9  not file the temporary regulation with the Secretary of State until

5-10  35 days after the date on which the temporary regulation was

5-11  adopted by the agency. A temporary regulation becomes effective

5-12  when the agency files with the Secretary of State the original of

5-13  the final draft or revision of the regulation, together with the

5-14  informational statement prepared pursuant to NRS 233B.066. The

5-15  agency shall also file a copy of the temporary regulation with

5-16  the Legislative Counsel, together with the informational statement

5-17  prepared pursuant to NRS 233B.066.

5-18      3.  An emergency regulation becomes effective when the

5-19  agency files with the Secretary of State the original of the final draft

5-20  or revision of [a] an emergency regulation, together with the

5-21  informational statement prepared pursuant to NRS 233B.066. The

5-22  agency shall also file a copy of the [temporary or] emergency

5-23  regulation with the Legislative Counsel, together with the

5-24  informational statement prepared pursuant to NRS 233B.066.

5-25      [3.] 4. The Secretary of State shall maintain the original of the

5-26  final draft or revision of each regulation in a permanent file to be

5-27  used only for the preparation of official copies.

5-28      [4.] 5. The Secretary of State shall file, with the original of

5-29  each agency’s rules of practice, the current statement of the agency

5-30  concerning the date and results of its most recent review of those

5-31  rules.

5-32      [5.] 6. Immediately after each permanent or temporary

5-33  regulation is filed, the agency shall deliver one copy of the final

5-34  draft or revision, bearing the stamp of the Secretary of State

5-35  indicating that it has been filed, including material adopted by

5-36  reference which is not already filed with the State Library and

5-37  Archives Administrator, to the State Library and Archives

5-38  Administrator for use by the public. If the agency is a licensing

5-39  board as defined in NRS 439B.225 and it has adopted a permanent

5-40  regulation relating to standards for licensing or for the renewal of a

5-41  license issued to a person or facility regulated by the agency, the

5-42  agency shall also deliver one copy of the regulation, bearing the

5-43  stamp of the Secretary of State, to the Legislative Committee on

5-44  Health Care within 10 days after the regulation is filed with the

5-45  Secretary of State.

6-1  [6.] 7. Each agency shall furnish a copy of all or part of that

6-2  part of the Nevada Administrative Code which contains its

6-3  regulations, to any person who requests a copy, and may charge a

6-4  reasonable fee for the copy based on the cost of reproduction if it

6-5  does not have money appropriated or authorized for that purpose.

6-6  [7.] 8. An agency which publishes any regulations included in

6-7  the Nevada Administrative Code shall use the exact text of the

6-8  regulation as it appears in the Nevada Administrative Code,

6-9  including the leadlines and numbers of the sections. Any other

6-10  material which an agency includes in a publication with its

6-11  regulations must be presented in a form which clearly distinguishes

6-12  that material from the regulations.

 

6-13  H