Senate Concurrent Resolution No. 40–
Committee on Government Affairs

 

FILE NUMBER..........

 

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

 

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

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

State of Nevada that authorized the Legislature to nullify any regulation

adopted by an executive agency which binds persons outside the agency;

and

   Whereas, The Legislative Commission has carefully considered each

regulation described in this resolution and has determined that each such

regulation fails to conform to the statutory authority pursuant to which it

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

authority and therefore should not become effective; and

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

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

regulation to which the Legislative Commission has objected not become

effective; now, therefore, be it

   Resolved by the Senate of the State of Nevada, the Assembly

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

the Legislature hereby declares that the regulation adopted by the Public

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

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

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

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

intent of the Legislature in granting that authority will not become

effective; and be it further

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

the Legislature hereby declares that the regulation of the Public

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

option of large groups of participants to leave the program and obtain

group insurance from another source, to which the Legislative Commission

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

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

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

further

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

the Legislature hereby declares that the regulation of the State

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

quality standards for the Walker River and Walker Lake, to which the

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

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

the intent of the Legislature in granting that authority will not become

effective; and be it further

 

 

 

 

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

of this resolution to the Chairman of the Public Utilities Commission of

Nevada, the Chairman of the Board of the Public Employees’ Benefits

Program, the Chairman of the State Environmental Commission and the

Secretary of State.

 

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