Senate Bill No. 329–Senator Amodei

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to administrative regulations. (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; 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

2-1  conforms to the statutory authority pursuant to which it was

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

2-3  intent of the Legislature in granting that authority.

2-4  2.  If a temporary regulation that the Legislative Commission

2-5  is requested to examine pursuant to subsection 1 was required to

2-6  be adopted by the agency pursuant to a federal statute or

2-7  regulation and the temporary regulation exceeds the specific

2-8  statutory authority of the agency or sets forth requirements that

2-9  are more stringent than a statute of this state, the agency shall

2-10  submit a statement to the Legislative Commission that adoption of

2-11  the temporary regulation was required by a federal statute or

2-12  regulation. The statement must include the specific citation of the

2-13  federal statute or regulation requiring such adoption.

2-14      3.  The Legislative Commission shall review the temporary

2-15  regulation at its next regularly scheduled meeting if the temporary

2-16  regulation is received more than 10 working days before the

2-17  meeting and a regular meeting is held within 35 days after receipt

2-18  of the temporary regulation. The Legislative Commission may

2-19  direct the Committee to Review Regulations to examine any

2-20  temporary regulation that a Legislator has requested to be

2-21  reviewed more than 35 days before a regular meeting of the

2-22  Commission is scheduled to be held.

2-23      4.  The Legislative Counsel shall notify the agency that

2-24  adopted the temporary regulation of the results of the review of the

2-25  temporary regulation by the Legislative Commission within

2-26  30 days after receipt of the request for review of the temporary

2-27  regulation from a Legislator. If the Commission does not object to

2-28  the temporary regulation, the Legislative Counsel shall notify the

2-29  agency that the agency may file the temporary regulation with the

2-30  Secretary of State. If the Commission objects to the temporary

2-31  regulation after determining that:

2-32      (a) If subsection 2 is applicable, the temporary regulation is

2-33  not required pursuant to a federal statute or regulation;

2-34      (b) The temporary regulation does not conform to statutory

2-35  authority; or

2-36      (c) The temporary regulation does not carry out legislative

2-37  intent,

2-38  the Legislative Counsel shall attach to the temporary regulation a

2-39  written notice of the objection of the Commission, including a

2-40  statement of the reasons for its objection, and shall promptly

2-41  return the temporary regulation to the agency.

2-42      5.  If the Legislative Commission has objected to a temporary

2-43  regulation, the agency that adopted the temporary regulation may

2-44  revise it and return it to the Legislative Counsel. Upon receipt of

2-45  the revised temporary regulation, the Legislative Counsel shall

3-1  resubmit the temporary regulation to the Commission at its next

3-2  regularly scheduled meeting. If the Commission does not object to

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

3-4  notify the agency that the agency may file the revised temporary

3-5  regulation with the Secretary of State.

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

3-7  temporary regulation, the agency may continue to revise it and

3-8  resubmit it.

3-9  7.  If the agency refuses to revise a temporary regulation to

3-10  which the Legislative Commission has objected, the Commission

3-11  may suspend the filing of the temporary regulation until the final

3-12  day of the next regular session of the Legislature. Before the final

3-13  day of the next regular session, the Legislature may, by concurrent

3-14  resolution or other appropriate legislative measure, declare that

3-15  the temporary regulation will not become effective. If the

3-16  Legislature makes such a declaration, the agency shall not file or

3-17  enforce the temporary regulation or subsequently adopt a

3-18  substantively identical permanent regulation. If the Legislature

3-19  has not so declared by the final day of the session, the agency may

3-20  file the temporary regulation with the Secretary of State.

3-21      Sec. 2.  NRS 233B.0613 is hereby amended to read as follows:

3-22      233B.0613  1.  If an agency determines that an emergency

3-23  exists, it shall submit to the Governor a written statement of the

3-24  emergency which sets forth the reasons for the determination. If the

3-25  Governor endorses the statement of the emergency by written

3-26  endorsement at the end of the full text of the statement of

3-27  emergency on the original copy of a proposed regulation, the

3-28  regulation may be adopted and become effective immediately upon

3-29  its being filed in the Office of the Secretary of State pursuant to

3-30  subsection [2] 3 of NRS 233B.070. The statement of the emergency

3-31  endorsed by the Governor must be included as a part of the

3-32  regulation for all purposes. A regulation so adopted may be effective

3-33  for a period of not longer than 120 days. A regulation may be

3-34  adopted by this emergency procedure only once.

3-35      2.  If an agency adopts, after providing notice and the

3-36  opportunity for a hearing as required in this chapter, a permanent or

3-37  temporary regulation which becomes effective and is substantially

3-38  identical to its effective emergency regulation, the emergency

3-39  regulation expires automatically on the effective date of the

3-40  temporary or permanent regulation.

3-41      Sec. 3.  NRS 233B.063 is hereby amended to read as follows:

3-42      233B.063  1.  At or before the time of giving notice of its

3-43  intention to adopt, amend or repeal a permanent regulation an

3-44  agency shall deliver to the Legislative Counsel a copy of the

3-45  proposed regulation or amendment or an identification of the

4-1  regulation to be repealed. The Legislative Counsel shall examine

4-2  and if appropriate revise the language submitted so that it is clear,

4-3  concise and suitable for incorporation in the Nevada Administrative

4-4  Code, but shall not alter the meaning or effect without the consent of

4-5  the agency.

4-6  2.  Unless the proposed regulation is submitted to him between

4-7  July 1 of an even-numbered year and July 1 of the succeeding odd-

4-8  numbered year, the Legislative Counsel shall deliver the approved

4-9  or revised text of the regulation within 30 days after it is submitted

4-10  to him. If the proposed or revised text of a regulation is changed

4-11  before adoption, the agency shall submit the changed text to the

4-12  Legislative Counsel, who shall examine and revise it if appropriate

4-13  pursuant to the standards of subsection 1. Unless it is submitted

4-14  between July 1 of an even-numbered year and July 1 of the

4-15  succeeding odd-numbered year, the Legislative Counsel shall return

4-16  it with any appropriate revisions within 30 days. If the agency is a

4-17  licensing board as defined in NRS 439B.225 and the proposed

4-18  regulation relates to standards for licensing or registration or for the

4-19  renewal of a license or a certificate of registration issued to a

4-20  person or facility regulated by the agency, the Legislative Counsel

4-21  shall also deliver one copy of the approved or revised text of the

4-22  regulation to the Legislative Committee on Health Care.

4-23      3.  An agency may adopt a temporary regulation between

4-24  August 1 of an even-numbered year and July 1 of the succeeding

4-25  odd-numbered year without following the procedure required by this

4-26  section and NRS 233B.064, but any such regulation expires by

4-27  limitation on November 1 of the odd-numbered year. A

4-28  substantively identical permanent regulation may be subsequently

4-29  adopted.

4-30      4.  An agency may amend or suspend a permanent regulation

4-31  between August 1 of an even-numbered year and July 1 of the

4-32  succeeding odd-numbered year by adopting a temporary regulation

4-33  in the same manner and subject to the same provisions as prescribed

4-34  in subsection 3.

4-35      Sec. 4.  NRS 233B.066 is hereby amended to read as follows:

4-36      233B.066  1.  Except as otherwise provided in subsection 2,

4-37  each adopted regulation which is submitted to the Legislative

4-38  Counsel [Bureau] pursuant to NRS 233B.067 or filed with the

4-39  Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070

4-40  must be accompanied by a statement concerning the regulation

4-41  which contains the following information:

4-42      (a) A description of how public comment was solicited, a

4-43  summary of the public response, and an explanation how other

4-44  interested persons may obtain a copy of the summary.

4-45      (b) The number of persons who:

5-1       (1) Attended each hearing;

5-2       (2) Testified at each hearing; and

5-3       (3) Submitted to the agency written statements.

5-4  (c) A description of how comment was solicited from affected

5-5  businesses, a summary of their response, and an explanation how

5-6  other interested persons may obtain a copy of the summary.

5-7  (d) If the regulation was adopted without changing any part of

5-8  the proposed regulation, a summary of the reasons for adopting the

5-9  regulation without change.

5-10      (e) The estimated economic effect of the regulation on the

5-11  business which it is to regulate and on the public. These must be

5-12  stated separately, and in each case must include:

5-13          (1) Both adverse and beneficial effects; and

5-14          (2) Both immediate and long-term effects.

5-15      (f) The estimated cost to the agency for enforcement of the

5-16  proposed regulation.

5-17      (g) A description of any regulations of other state or government

5-18  agencies which the proposed regulation overlaps or duplicates and a

5-19  statement explaining why the duplication or overlapping is

5-20  necessary. If the regulation overlaps or duplicates a federal

5-21  regulation, the name of the regulating federal agency.

5-22      (h) If the regulation includes provisions which are more

5-23  stringent than a federal regulation which regulates the same activity,

5-24  a summary of such provisions.

5-25      (i) If the regulation provides a new fee or increases an existing

5-26  fee, the total annual amount the agency expects to collect and the

5-27  manner in which the money will be used.

5-28      2.  The requirements of paragraphs (a) to (d), inclusive, of

5-29  subsection 1 do not apply to emergency regulations.

5-30      Sec. 5.  NRS 233B.067 is hereby amended to read as follows:

5-31      233B.067  1.  After adopting a permanent regulation, the

5-32  agency shall submit the informational statement prepared pursuant

5-33  to NRS 233B.066 and one copy of each regulation adopted to the

5-34  Legislative Counsel for review by the Legislative Commission,

5-35  which may refer it to a joint interim committee, to determine

5-36  whether the regulation conforms to the statutory authority pursuant

5-37  towhich it was adopted and whether the regulation carries out the

5-38  intent of the Legislature in granting that authority. The Legislative

5-39  Counsel shall endorse on the original and the copy of each adopted

5-40  regulation the date of their receipt. The Legislative Counsel shall

5-41  maintain the copy of the regulation in a file and make the copy

5-42  available for public inspection for 2 years.

5-43      2.  If an agency submits an adopted regulation to the Legislative

5-44  Counsel pursuant to subsection 1 that:

6-1  (a) The agency is required to adopt pursuant to a federal statute

6-2  or regulation; and

6-3  (b) Exceeds the specific statutory authority of the agency or sets

6-4  forth requirements that are more stringent than a statute of this

6-5  state,

6-6  it shall include a statement that adoption of the regulation is required

6-7  by a federal statute or regulation. The statement must include the

6-8  specific citation of the federal statute or regulation requiring such

6-9  adoption.

6-10      3.  The Legislative Commission, or the joint interim committee

6-11  if the Commission has referred it to such a committee, shall review

6-12  the regulation at its next regularly scheduled meeting if the

6-13  regulation is received more than 10 working days before the

6-14  meeting and a regular meeting is held within 35 days after receipt of

6-15  the regulation. The Commission may appoint a [committee]

6-16  Committee to Review Regulations composed of three or more

6-17  members of the Commission or any joint interim committee to

6-18  examine proposed regulations received more than 35 days before a

6-19  regular meeting is scheduled to be held.

6-20      4.  The Legislative Commission shall notify the Legislative

6-21  Counsel of the results of its review within 30 days after receipt of

6-22  the regulation from the agency. If the Commission does not object

6-23  to the regulation, the Legislative Counsel shall file it with the

6-24  Secretary of State within 35 days after receipt from the agency and

6-25  notify the agency of the filing. If the Commission objects to the

6-26  regulation after determining that:

6-27      (a) If subsection 2 is applicable, the regulation is not required

6-28  pursuant to a federal statute or regulation;

6-29      (b) The regulation does not conform to statutory authority; or

6-30      (c) The regulation does not carry out legislative intent,

6-31  the Legislative Counsel shall attach to the regulation a written notice

6-32  of the objection of the Commission, including a statement of the

6-33  reasons for its objection, and shall promptly return the regulation to

6-34  the agency.

6-35      Sec. 6.  NRS 233B.0681 is hereby amended to read as follows:

6-36      233B.0681  The Legislative Commission may provide for:

6-37      1.  Its early review of a proposed permanent regulation after

6-38  the agency has given notice of a hearing on the regulation but before

6-39  the hearing is held. If the permanent regulation adopted after the

6-40  hearing is identical to the regulation submitted for early review,

6-41  the Legislative Counsel shall promptly file the regulation with the

6-42  Secretary of State and notify the agency of the filing.

6-43      2.  A waiver of its review of a permanent regulation in a case

6-44  of administrative convenience or necessity.

 

7-1  Sec. 7.  NRS 233B.070 is hereby amended to read as follows:

7-2  233B.070  1.  A permanent regulation becomes effective when

7-3  the Legislative Counsel files with the Secretary of State the original

7-4  of the final draft or revision of a regulation, except as otherwise

7-5  provided in NRS 233B.0665 or where a later date is specified in the

7-6  regulation.

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

7-8  of this act, an agency that has adopted a temporary regulation may

7-9  not file the temporary regulation with the Secretary of State until

7-10  35 days after the date on which the temporary regulation was

7-11  adopted by the agency. A temporary regulation becomes effective

7-12  when the agency files with the Secretary of State the original of

7-13  the final draft or revision of the regulation, together with the

7-14  informational statement prepared pursuant to NRS 233B.066. The

7-15  agency shall also file a copy of the temporary regulation with

7-16  the Legislative Counsel, together with the informational statement

7-17  prepared pursuant to NRS 233B.066.

7-18      3.  An emergency regulation becomes effective when the

7-19  agency files with the Secretary of State the original of the final draft

7-20  or revision of [a] an emergency regulation, together with the

7-21  informational statement prepared pursuant to NRS 233B.066. The

7-22  agency shall also file a copy of the [temporary or] emergency

7-23  regulation with the Legislative Counsel, together with the

7-24  informational statement prepared pursuant to NRS 233B.066.

7-25      [3.] 4. The Secretary of State shall maintain the original of the

7-26  final draft or revision of each regulation in a permanent file to be

7-27  used only for the preparation of official copies.

7-28      [4.] 5. The Secretary of State shall file, with the original of

7-29  each agency’s rules of practice, the current statement of the agency

7-30  concerning the date and results of its most recent review of those

7-31  rules.

7-32      [5.] 6. Immediately after each permanent or temporary

7-33  regulation is filed, the agency shall deliver one copy of the final

7-34  draft or revision, bearing the stamp of the Secretary of State

7-35  indicating that it has been filed, including material adopted by

7-36  reference which is not already filed with the State Library and

7-37  Archives Administrator, to the State Library and Archives

7-38  Administrator for use by the public. If the agency is a licensing

7-39  board as defined in NRS 439B.225 and it has adopted a permanent

7-40  regulation relating to standards for licensing or registration or for

7-41  the renewal of a license or a certificate of registration issued to a

7-42  person or facility regulated by the agency, the agency shall also

7-43  deliver one copy of the regulation, bearing the stamp of the

7-44  Secretary of State, to the Legislative Committee on Health Care

8-1  within 10 days after the regulation is filed with the Secretary of

8-2  State.

8-3  [6.] 7. Each agency shall furnish a copy of all or part of that

8-4  part of the Nevada Administrative Code which contains its

8-5  regulations, to any person who requests a copy, and may charge a

8-6  reasonable fee for the copy based on the cost of reproduction if it

8-7  does not have money appropriated or authorized for that purpose.

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

8-9  the Nevada Administrative Code shall use the exact text of the

8-10  regulation as it appears in the Nevada Administrative Code,

8-11  including the leadlines and numbers of the sections. Any other

8-12  material which an agency includes in a publication with its

8-13  regulations must be presented in a form which clearly distinguishes

8-14  that material from the regulations.

8-15      Sec. 8.  NRS 439B.225 is hereby amended to read as follows:

8-16      439B.225  1.  As used in this section, “licensing board” means

8-17  any board empowered to adopt standards for licensing or

8-18  registration or for the renewal of licenses or certificates of

8-19  registration pursuant to chapter 449, 625A, 630, 630A, 631, 632,

8-20  633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641,

8-21  641A, 641B, 641C, 652 or 654 of NRS.

8-22      2.  The Committee shall review each regulation that a licensing

8-23  board proposes or adopts that relates to standards for licensing or

8-24  registration or to the renewal of a license or certificate of

8-25  registration issued to a person or facility regulated by the board,

8-26  giving consideration to:

8-27      (a) Any oral or written comment made or submitted to it by

8-28  members of the public or by persons or facilities affected by the

8-29  regulation;

8-30      (b) The effect of the regulation on the cost of health care in this

8-31  state;

8-32      (c) The effect of the regulation on the number of licensed or

8-33  registered persons and facilities available to provide services in this

8-34  state; and

8-35      (d) Any other related factor the Committee deems appropriate.

8-36      3.  After reviewing a proposed regulation, the Committee shall

8-37  notify the agency of the opinion of the Committee regarding the

8-38  advisability of adopting or revising the proposed regulation.

8-39      4.  The Committee shall recommend to the Legislature as a

8-40  result of its review of regulations pursuant to this section any

8-41  appropriate legislation.

 

8-42  H