Assembly Bill No. 612–Committee on Elections,
Procedures, and Ethics

(On Behalf of Legislative Commission)

March 18, 1999

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provision regarding procedure upon refusal of state agency to revise administrative regulation objected to by legislative commission. (BDR 18-1366)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to administrative procedures; revising the provision regarding the procedure upon the refusal of a state agency to revise an administrative regulation objected to by the legislative commission; declaring that a certain regulation will not become effective; 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. NRS 233B.0675 is hereby amended to read as follows:

1-2 233B.0675 1. If the legislative commission has objected to a

1-3 regulation, the agency may revise it and return it to the director of the

1-4 legislative counsel bureau. Upon receipt of the revised regulation, the

1-5 director shall resubmit the regulation to the commission at its next

1-6 regularly scheduled meeting. If the commission does not object to the

1-7 revised regulation, the director shall promptly file the revised regulation

1-8 with the secretary of state and notify the agency of the filing.

1-9 2. If the legislative commission objects to the revised regulation, the

1-10 agency may continue to revise it and resubmit it to the commission.

1-11 3. If the agency refuses to revise a regulation to which the legislative

1-12 commission has objected, the commission may suspend the filing of the

1-13 regulation until the [30th] final day of the next regular session of the

1-14 legislature. Before the [30th] final day of the next regular session the

2-1 legislature may, by concurrent resolution [,] or other appropriate

2-2 legislative measure, declare that the regulation will not become effective.

2-3 The director shall thereupon notify the agency that the regulation will not

2-4 be filed and must not be enforced. If the legislature has not so declared by

2-5 the [30th] final day of the session, the director shall promptly file the

2-6 regulation and notify the agency of the filing.

2-7 Sec. 2. In accordance with the provisions of NRS 233B.0675 as

2-8 amended by this act, the legislature hereby declares that the regulation of

2-9 the ethics commission (R044-98) that was objected to by the legislative

2-10 commission on April 17, 1998, as outside of the agency’s statutory

2-11 authority , will not become effective.

2-12 Sec. 3. This act becomes effective upon passage and approval.

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