Senate Concurrent Resolution No. 40–
Committee on Government Affairs

 

May 9, 2001

____________

 

Read and Adopted

 

SUMMARY—Declares that certain regulations to which Legislative Commission has objected will not become effective. (BDR R‑1486)

 

~

 

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

 

Senate Concurrent RESOLUTION—Declaring that certain regulations to which the Legislative Commission has objected will not become effective.

 

1-1    Whereas, At the general election in 1996, the voters approved and

1-2  ratified an amendment to section 1 of article 3 of the Constitution of the

1-3  State of Nevada that authorized the Legislature to nullify any regulation

1-4  adopted by an executive agency which binds persons outside the agency;

1-5  and

1-6    Whereas, The Legislative Commission has carefully considered each

1-7  regulation described in this resolution and has determined that each such

1-8  regulation fails to conform to the statutory authority pursuant to which it

1-9  was adopted or to carry out the intent of the Legislature in granting that

1-10  authority and therefore should not become effective; and

1-11    Whereas, In accordance with the provisions of NRS 233B.0675, the

1-12  Legislature may, not later than the final day of this session, declare that any

1-13  regulation to which the Legislative Commission has objected not become

1-14  effective; now, therefore, be it

1-15    Resolved by the Senate of the State of Nevada, the Assembly

1-16  Concurring, That in accordance with the provisions of NRS 233B.0675,

1-17  the Legislature hereby declares that the regulation adopted by the Public

1-18  Utilities Commission of Nevada (LCB File No. R172-99), concerning the

1-19  recovery of past costs of certain public utilities, to which the Legislative

1-20  Commission objected on March 13, 2000, as failing to conform to the

1-21  statutory authority pursuant to which it was adopted and to carry out the

1-22  intent of the Legislature in granting that authority will not become

1-23  effective; and be it further

1-24    Resolved, That in accordance with the provisions of NRS 233B.0675,

1-25  the Legislature hereby declares that the regulation of the Public

1-26  Employees’ Benefits Program (LCB File No. R100-00), concerning the

1-27  option of large groups of participants to leave the program and obtain

1-28  group insurance from another source, to which the Legislative Commission

2-1  objected on April 17, 2001, as failing to conform to the statutory authority

2-2  pursuant to which it was adopted and to carry out the intent of the

2-3  Legislature in granting that authority will not become effective; and be it

2-4  further

2-5    Resolved, That in accordance with the provisions of NRS 233B.0675,

2-6  the Legislature hereby declares that the regulation of the State

2-7  Environmental Commission (LCB File No. R104‑00), concerning water

2-8  quality standards for the Walker River and Walker Lake, to which the

2-9  Legislative Commission objected on April 17, 2001, as failing to conform

2-10  to the statutory authority pursuant to which it was adopted and to carry out

2-11  the intent of the Legislature in granting that authority will not become

2-12  effective; and be it further

2-13    Resolved, That the Secretary of the Senate prepare and transmit a copy

2-14  of this resolution to the Chairman of the Public Utilities Commission of

2-15  Nevada, the Chairman of the Board of the Public Employees’ Benefits

2-16  Program, the Chairman of the State Environmental Commission and the

2-17  Secretary of State.

 

2-18  H