Nevada 2017 Regular Session Status: To Executive 1 D cosponsors

AB 403 — Revises various provisions relating to governmental administration. (BDR 18-573)

Last action — Vetoed by the Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

620 added · 660 removed

620 line(s) added, 660 removed.

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EXEMPT (Reprinted with amendments adopted on June 2, 2017) THIRD REPRINT A.B.
Assembly Bill No.
403 A SSEMBLY B ILL NO .
403–Assemblymen Daly, Frierson, Diaz, Benitez-Thompson, Araujo;
403–ASSEMBLYMEN DALY , FRIERSON , DIAZ, BENITEZ -THOMPSON , ARAUJO ;
Brooks, Carrillo, McCurdy II and Monroe-Moreno CHAPTER..........
B ROOKS , C ARRILLO , M CC URDY IIAND M ONROE -MORENO M ARCH 20, 2017 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises various provisions relating to governmental administration.
(BDR 18-573) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegUnder the separation-of-powers provision of the Nevada Constitution, one branch of the State Government may not exercise powers properly belonging to another branch of the State Government “except in the cases expressly directed or permitted in this constitution.” (Nev.
Legislative Counsel’s Digest:
Const.
Under the separation-of-powers provision of the Nevada Constitution, one branch of the State Government may not exercise powers properly belonging to another branch of the State Government “except in the cases expressly directed or separation-of-powers doctrine, because the question of whether a regulatione under the adopted by an executive agency exceeds its statutory authority or is inconsistent with legislative intent presents a question of statutory interpretation, the power to resolve that question of statutory interpretation and determine whether to invalidate or nullify the regulation is usually regarded as judicial power because “it is emphatically the province and duty of the judicial department to say what the law is.” (Nevadans for Nev.
Art.
3, § 1) As a general rule under the separation-of-powers doctrine, because the question of whether a regulation adopted by an executive agency exceeds its statutory authority or is inconsistent with legislative intent presents a question of statutory interpretation, the power to or nullify the regulation is usually regarded as judicial power because “it isalidate emphatically the province and duty of the judicial department to say what the law is.” (Nevadans for Nev.
Cooley, Constitutional Limitations 191 (8th ed.
Cooley, State ex rel.
1927));
Dep’t of Tax’n, 123 Nev.
Silver State Elec.
80, 84 (2007) (“Appeals involvingy Co.
Supply Co.
interpretation of a statute or regulation present questions of law subject to our independent review.”)) For example, in applying the separation-of-powers doctrine to the Federal Government and other state governments, courts have found that the separation-of- powers doctrine ordinarily prohibits legislative committees or other legislative bodies from exercising the power to nullify a regulation adopted by an executive - *AB403_R3* – 2 – agency on the basis that the regulation exceeds the statutory authority of the agency passes a law that expressly nullifies the regulation or revises or repeals the agency’s statutory authority.
interpretation of a statute or regulation present questions of law subject to our independent review.”)) For example, in applying the separation-of-powers doctrine to the Federal Government and other state governments, courts have found that the separation-of- powers doctrine ordinarily prohibits legislative committees or other legislative bodies from exercising the power to nullify a regulation adopted by an executive agency on the basis that the regulation exceeds the statutory authority of the agency or is inconsistent with legislative intent, unless Congress or the state legislature passes a law that expressly nullifies the regulation or revises or repeals the agency’s A.L.I.V.E.
(I.N.S.
v.
Chadha, 462 U.S.
919, 953 n.16 (1983);
State v.
A.L.I.V.E.
Research Comm’n v.
Researchate v.
Comm’n v.
Dep’t of Corr., 611 N.W.2d 530, 537-39 (Mich.
Dep’t of Corr., N.W.2d 530, 537-39 (Mich.
1981)) However, in Nevada, the voters in 1996 approved a constitutional amendment to Nevada’s separation-of-powers provision which expressly empowers the Legislature to provide by law for legislative agencies and legislative bodies regulations adopted by executive agencies on the basis that the regulations exceed the statutory authority of the agencies or are inconsistent with legislative intent.
1981)) However, in Nevada, the voters in 1996 approved a constitutional amendment to Nevada’s separation-of-powers provision which expressly empowers the Legislature to provide by law for legislative agencies and legislative bodies composed of members of the Senate and Assembly to suspend or nullify regulations adopted by executive agencies on the basis that the regulations exceed constitutional amendment provides that if the Legislature authorizes the adoption of The regulations by executive agencies which bind persons outside the agencies, the Legislature is authorized to enact laws providing for:
The constitutional amendment provides that if the Legislature authorizes the adoption of regulations by executive agencies which bind persons outside the agencies, the Legislature is authorized to enact laws providing for:
(1) the review of such - 79th Session (2017) – 2 – regulations by a legislative agency before their effective date to determine whether each such regulation is within the statutory authority for its adoption;
(1) the review of such regulations by a legislative agency before their effective date to determine whether each such regulation is within the statutory authority for its adoption;
and (3) the composed of members of the Senate and Assembly.
and (3) the nullification of any such regulation by a majority vote of a legislative body the constitutional amendment was presented to the voters, the ballot materials explained that its purpose was to ensure that the Legislative Branch had the specific constitutional power to suspend or nullify regulations adopted by executive agencies which exceed the statutory authority granted by the Legislature when it passed the laws that authorized the agencies to adopt the regulations.
(Nev.
Const.
Art.
3, § 1) When the constitutional amendment was presented to the voters, the ballot materials explained that its purpose was to ensure that the Legislative Branch had the specific constitutional power to suspend or nullify regulations adopted by executive agencies which exceed the statutory authority granted by the Legislature when it passed the laws that authorized the agencies to adopt the regulations.
Sec’y of State 1996) When the Nevada Constitution expressly grants specific powers to the Legislative Branch, the other branches may not infringe upon the exercise of those Legislature, 120 Nev.
Sec’y of State 1996) When the Nevada Constitution expressly grants specific powers to the Legislative Branch, the other branches may not infringe upon the exercise of those powers out of respect for an equal and coordinate branch of government.
(Heller v.
Legislature, 120 Nev.
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Hardy, 125 Nev.er v.
Hardy, 125 Nev.
In other words, a legislative body’s decision to admit or expel a member is almost unreviewable in the courts.” (Heller v.
In other words, a legislative body’s decision to admit or expel a member is almost Because Nevada’s voters expressly granted specific constitutional power to the4)) Legislature to provide by law for legislative agencies and legislative bodies composed of members of the Senate and Assembly to suspend or nullify regulations adopted by executive agencies, the other branches may not infringe upon the exercise of that power out of respect for an equal and coordinate branch of government.
Legislature, 120 Nev.
456, 466-67 (2004)) Because Nevada’s voters expressly granted specific constitutional power to the Legislature to provide by law for legislative agencies and legislative bodies regulations adopted by executive agencies, the other branches may not infringe upon the exercise of that power out of respect for an equal and coordinate branch of government.
(NRS 233B.0395-233B.120) Under existing law, with limited exceptions, the Legislative Commission or the Subcommittee to Review Regulations of the Legislative - *AB403_R3* – 3 – Commission has the authority to review and to approve or object to certain temporary or permanent regulations before those regulations become effective.
(NRS 233B.0395-233B.120) Under existing law, with limited exceptions, the Legislative Commission or the Subcommittee to Review Regulations of the Legislative Commission has the authority to review and to approve or object to certain temporary or permanent regulations before those regulations become effective.
(NRS 233B.0633, 233B.067-233B.070) Section 10 of this bill authorizes the Legislative Commission to suspend or nullify a regulation adopted pursuant to the Nevada Administrative Procedure Act if the regulation:
(NRS 233B.0633, 233B.067-233B.070) Section 10 of this bill authorizes the Legislative Commission to suspend or if the regulation:
(2) is inconsistent with the intent of the Legislature in granting the statutory authority for its adoption;
(2) ist inconsistent with the intent of the Legislature in granting the statutory authority for its adoption;
or (3) is no longer being administered or interpreted in a manner that is consistent with the agency’s stated intention when adopting the regulation or the Legislative Commission.
or (3) is no longer being administered or interpreted in a manner that is consistent with the agency’s stated intention when adopting the regulation or the agency’s stated intention during the review and approval of the regulation by the Legislative Commission.
Additionally, sections 10 and 12 of this bill preclude judicial review of any action taken or determination made by the Legislative Commission in exercising its powers to review, object to, suspend or nullify a regulation, and sections 10 and 13 of this bill allow the Legislative Commission to determine whether an agency rule, standard, directive or statement constitutes a regulation for the purposes of exercising those powers.
Additionally, sections 10 and 12 of this bill preclude judicial review of any action taken or determination made by the Legislative Commission in exercising its powers to review, object to, suspend or nullify a regulation, and sections 10 and 13 - 79th Session (2017) – 3 – of this bill allow the Legislative Commission to determine whether an agency rule, exercising those powers.
Sections 17.5, 26 and 28 of this bill make conforming chaSection 11 of this bill directs the Legislative Commission to adopt such regulations as are necessary to carry out the provisions of the Nevada Administrative Procedure Act governing administrative regulations.
Sections 17.5, 26 and 28 of this bill make conforming changes.
Section 11 of this bill directs the Legislative Commission to adopt such regulations as are necessary to carry out the provisions of the Nevada Administrative Procedure Act governing administrative regulations.
and (2) standards and requirements for making a determination that the immediate suspension or nullification of the regExisting law excludes the application of certain agency policies as applied to a person with sufficient prior actual notice of the policy from the definition of “regulation” for the purposes of the Nevada Administrative Procedure Act.
and (2) standards and requirements regulation is necessary to protect public health or safety.
nullification of the Existing law excludes the application of certain agency policies as applied to a person with sufficient prior actual notice of the policy from the definition of “regulation” for the purposes of the Nevada Administrative Procedure Act.
(NRS 233B.0653) Section 20 of this bill eliminates and instead requires the Legislative Counsel to publish the Register electronically on the public website of the Legislature on the Internet.
(NRS 233B.0653) Section 20 of this bill eliminates the requirement that the Legislative Counsel publish paper copies of the Register and instead requires the Legislative Counsel to publish the Register electronically on tAn emergency regulation becomes effective when certain documents are filed with the Secretary of State.
An emergency regulation becomes effective when certain documents are filed with the Secretary of State.
(NRS 233B.070) Section 25 of this bill requires that a copy of the written statement of the emergency endorsed by the Governor is included with the information that must be filed with the Secretary of State before an emergency regulation becomes effective.
(NRS 233B.070) Section 25 of this bill requires that a copy of the written statement of the emergency endorsed by the Governor is - *AB403_R3* – 4 – included with the information that must be filed with the Secretary of State before an emergency regulation becomes effective.
EXPLANATION – Matter in bolded italics is new;
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8.
2.
(Deleted by amendment.) Sec.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
5.
(Deleted by amendment.) Sec.
6.
(Deleted by amendment.) Sec.
7.
(Deleted by amendment.) Sec.
8.
(Deleted by amendment.) Sec.
(a) Under the separation-of-powers provision of Section 1 of Article 3 of the Nevada Constitution, one branch of the State Government may not exercise powers properly belonging to another branch of the State Government except in the cases expressly directed or permitted in the Nevada Constitution.
(a) Under the separation-of-powers provision of Section 1 of Article 3 of the Nevada Constitution, one branch of the State - 79th Session (2017) – 4 – Government may not exercise powers properly belonging to another branch of the State Government except in the cases expressly directed or permitted in the Nevada Constitution.
(b) In 1996, Nevada’s voters approved a constitutional amendment to the separation-of-powers provision which expressly empowers the Legislature to provide by law for legislative agencies and legislative bodies composed of members of the Senate and Assembly to suspend or nullify regulations adopted by executive agencies on the basis that the regulations exceed the statutory authority of the agencies or are inconsistent with legislative intent.
(b) In 1996, Nevada’s voters approved a constitutional empowers the Legislature to provide by law for legislative agencies and legislative bodies composed of members of the Senate and Assembly to suspend or nullify regulations adopted by executive agencies on the basis that the regulations exceed the statutory authority of the agencies or are inconsistent with legislative intent.
(e) When executive agencies adopt regulations which exceed their statutory authority or are inconsistent with legislative intent, the regulations thwart and undermine the will of the people who, through their elected representatives in the Legislature, determine by - *AB403_R3* – 5 – properly enacted laws the scope and extent of the authority granted to executive agencies to adopt the regulations.
(e) When executive agencies adopt regulations which exceed their statutory authority or are inconsistent with legislative intent, the regulations thwart and undermine the will of the people who, through their elected representatives in the Legislature, determine by properly enacted laws the scope and extent of the authority granted to 2.ecuThe Legislature hereby declares that there is a legitimate and compelling need to exercise its expressly granted and specific constitutional power under Section 1 of Article 3 of the Nevada Constitution, in the manner set forth in the provisions of this act, in order to:
2.
The Legislature hereby declares that there is a legitimate and compelling need to exercise its expressly granted and specific constitutional power under Section 1 of Article 3 of the Nevada Constitution, in the manner set forth in the provisions of this act, in order to:
Sec.
- 79th Session (2017) – 5 – Sec.
Upon its own initiative,the Legislative Commission may suspend or nullify a regulation, in whole or in part, adopted pursuant to this chapter if, in the opinion of the Legislative Commission, the regulation:
Upon its own initiative, the Legislative Commission may suspend or nullify a regulation, in whole or in Legislative Commission, the regulation:if, in the opinion of the (a) Exceeds the statutory authority for the adoption of the regulation;
(a) Exceeds the statutory authority for the adoption of the regulation;
(2) Do not preclude the Legislative Commission from considering other reasons at the initial meeting or any subsequent meeting held to consider the suspension or nullification of the regulation.
(2) Do not preclude the Legislative Commission from meeting held to consider the suspension or nullification of theent regulation.
- *AB403_R3* – 6 – 3.
3.
If the Legislative Commission does not make such a specific determination, the Legislative Commission may not take action to suspend or nullify the regulation unless such action is taken at a subsequent meeting held at least 30 days after the date of the initial meeting to consider the suspension or nullification of the regulation.
If the Legislative Commission does not make such a specific determination, the Legislative Commission may not take action to suspend or nullify the regulation unless such action is taken at a subsequent meeting - 79th Session (2017) – 6 – held at least 30 days after the date of the initial meeting to consider the suspension or nullification of the regulation.
If the Legislative Commission takes action to suspend or nullify a regulation pursuant to this section, the Legislative Commission shall, as soon as practicable after taking such action, provide the Secretary of State and the adopting agency with written notice of:
If the Legislative Commission takes action to suspend or nullify a regulation pursuant to this section, the Legislative provide the Secretary of State and the adopting agency withaction, written notice of:
As used in this section, “adopting agency” or “agency” means the agency that adopted the regulation or any successor agency that administers the regulation.
As used in this section, “adopting agency” or “agency” means the agency that adopted the regulation or any successor ageSec.
Sec.
1.
ad1.niThe Legislative Commission shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 233B.0395 to 233B.120, inclusive, and section 10 of this act.
The Legislative Commission shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 233B.0395 to 233B.120, inclusive, and section 10 of this act.
2.
- *AB403_R3* – 7 – 2.
(b) Standards and requirements for making a specific determination that the immediate suspension or nullification of the regulation is necessary to protect public health or safety.
- 79th Session (2017) – 7 – (b) Standards and requirements for making a specific determination that the immediate suspension or nullification of the regulation is necessary to protect public health or safety.
233B.020 1.
establish [minimum] procedural requirements for :ure intends to (a) Except as otherwise provided in paragraph (b), the regulation-making and adjudication procedure of all agencies of the Executive Department of the State Government and for judicial review of both functions, except as to those agencies expressly exempted pursuant to the provisions of this chapter.
By this chapter, the Legislature intends to establish [minimum] procedural requirements for :
(a) Except as otherwise provided in paragraph (b), the regulation-making and adjudication procedure of all agencies of the Executive Department of the State Government and for judicial review of both functions, except as to those agencies expressly exempted pursuant to the provisions of this chapter.
(a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency [;] , including, without limitation, an agency rule, standard, directive or statement that the Legislative Commission determines is a regulation pursuant to section 10 of this act;
(a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or any agency [;] , including, without limitation, an agency rule,of standard, directive or statement that the Legislative Commission determines is a regulation pursuant to section 10 of this act;
and (d) The general application by an agency of a written policy, interpretation, process or procedure to determine whether a person is - *AB403_R3* – 8 – in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.
and (d) The general application by an agency of a written policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.
(c) An intraagency memorandum;
- 79th Session (2017) – 8 – (c) An intraagency memorandum;
(d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with a federal or state statute or regulation;
(d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as compliance with a federal or state statute or regulation;on is in (e) An agency decision or finding in a contested case;
(e) An agency decision or finding in a contested case;
(n)] A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs, signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484A.430;
(n)] A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs, signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices ado[(o)] (n) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the Board of Wildlife Commissioners pursuant to the provisions of title 45 of NRS;
[(o)] (n) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the Board of Wildlife Commissioners pursuant to the provisions of title 45 of NRS;
- *AB403_R3* – 9 – Sec.
Sec.
Sec.
- 79th Session (2017) – 9 – Sec.
To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions.
To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt functions.
and (b) The reference discloses the source and price for purchase of the publication.
and the publication.ence discloses the source and price for purchase of ¬ An agency shall not attempt to incorporate any other material in a regulation by reference.
¬ An agency shall not attempt to incorporate any other material in a regulation by reference.
If an agency does not adopt and submit a proposed regulation to the - *AB403_R3* – 10 – Legislative Commission for review within the time prescribed by this subsection, the executive head of the agency shall appear personally before the Legislative Commission and explain why the proposed regulation has not been adopted [.] and submitted to the Legislative Commission for review.
If an agency does not adopt and submit a proposed regulation to the Legislative Commission for review within the time prescribed by this subsection, the executive head of the agency shall appear personally before the Legislative Commission and explain why the proposed regulation has not been adopted [.] and submitted to the Legislative Commission for review.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 79th Session (2017) – 10 – Sec.
2.
subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation.
Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation.
Sec.
follows:17.5.
17.5.
NRS 233B.0613 is hereby amended to read as 233B.0613 1.
NRS 233B.0613 is hereby amended to read as follows:
233B.0613 1.
Except as otherwise provided in this section, if the Governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of the - *AB403_R3* – 11 – emergency on the original copy of [a] the proposed emergency regulation, the emergency regulation may be adopted and become effective immediately upon its being filed in the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070.
Except as otherwise provided in this section, if the Governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of the emergency on the original copy of [a] the proposed emergency regulation, the emergency regulation may be adopted and become effective immediately upon its being filed in the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070.
The statement of the emergency endorsed by the Governor must be included as a part of the emergency regulation for all purposes.
The - 79th Session (2017) – 11 – statement of the emergency endorsed by the Governor must be included as a part of the emergency regulation for all purposes.
on the first working day before the date on which the emergency regulation is filed in the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070, make the emergency regulation available to the public by:
on the first working day before the date on which the emergency subsection 3 of NRS 233B.070, make the emergency regulation pursuant to available to the public by:
(c) Substantially identical, in whole or in part, to a regulation suspended or nullified by the Legislative Commission pursuant to Section 1 of Article 3 of the Nevada Constitution and NRS 233B.0395 to 233B.120, inclusive, and sections 10 and 11 of this act.
(c) Substantially identical, in whole or in part, to a regulation Section 1 of Article 3 of the Nevada Constitution and NRSuant to 233B.0395 to 233B.120, inclusive, and sections 10 and 11 of this act.
- *AB403_R3* – 12 – Sec.
Sec.
233B.0617 No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this chapter but no objection to any regulation on the ground of noncompliance with the procedural requirements of NRS 233B.060 to 233B.0617, inclusive, may be made more than 2 years after its effective date.
233B.0617 No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this chapter but no objection to any regulation on the ground of noncompliance with the - 79th Session (2017) – 12 – procedural requirements of NRS 233B.060 to 233B.0617, inclusive, may be made more than 2 years after its effective date.
Nothing in this section shall be construed to preclude the making of an objection to a regulation on a ground other than noncompliance with the procedural requirements of NRS 233B.060 to 233B.0617, inclusive.
Nothing in this section shall be construed to preclude the making of an objection to a regulation on a ground other than noncompliance inclusive.
[¬ In carrying out the duties set forth in this subsection, the Legislative Counsel may use the services of the State Printing Office.
Legislative Counsel may use the services of the State Printinge Office.
and - *AB403_R3* – 13 – (g) The Legislative Counsel Bureau.
and (g) The Legislative Counsel Bureau.
The Legislative Counsel may sell an additional copy of the Register to any person or governmental entity that requests a copy, at a price which does not exceed the cost of publishing the additional copy.
The Legislative Counsel may sell an additional copy of the Register to any person or governmental entity that requests a copy, - 79th Session (2017) – 13 – at a price which does not exceed the cost of publishing the additional copy.
The Legislative Counsel is immune from civil liability which may result from failure to include any information in the Register.
The Legislative Counsel is immune from civil liability which may result from failure to include any information in the RegSecs.
Sec.
21-24.
21.
22.
(Deleted by amendment.) Sec.
23.
(Deleted by amendment.) Sec.
24.
(Deleted by amendment.) Sec.
The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066 [.] and a copy of the written statement of the emergency endorsed by the Governor pursuant to NRS 233B.0613.
The agency shall also file a together with the informational statement prepared pursuant to NRS 233B.066 [.] and a copy of the written statement of the emergency endorsed by the Governor pursuant to NRS 233B.0613.
- *AB403_R3* – 14 – 6.
6.
Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library, Archives and Public Records Administrator, to the State Library, Archives and Public Records Administrator for use by the public.
Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not - 79th Session (2017) – 14 – already filed with the State Library, Archives and Public Records Administrator, to the State Library, Archives and Public Records Administrator for use by the public.
If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Legislative Committee on Health Care within 10 days after the regulation is filed with the Secretary of State.
If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Legislative Committee on Health Care within 10 days after the regulation is filed with the Secretary of State.
Each agency shall prescribe by regulation the form for such petitions and the procedure for their submission, consideration and disposition.
Each agency shall prescribe by regulation the form for such petitions and the procedure for their submission, the agency shall within 30 days either deny the petition in writing, stating its reasons, or initiate regulation-making proceedings.
Upon submission of such a petition, the agency shall within 30 days either deny the petition in writing, stating its reasons, or initiate regulation-making proceedings.
(Deleted by amendment.) - *AB403_R3* – 15 – Sec.
(Deleted by amendment.) Sec.
The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where - 79th Session (2017) – 15 – the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
2.
to establish the validity of any one or more of its own regulations.
An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.
Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure.
Actions for declaratory judgment provided for in subsections and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure.
Sec.
Secs.
29.5.
29 and 29.5.
((Deleted by amendment.) Sec.
(Deleted by amendment.) Sec.
H - *AB403_R3*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Vetoed by the Governor.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 805 and 968 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Third reprint . To Assembly.

  6. To printer.

  7. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.)

  8. Reprinting dispensed with.

  9. Read third time. Amended. (Amend. No. 968.)

  10. Taken from Secretary's desk. Placed on General File.

  11. Notice of exemption.

  12. Taken from General File. Placed on Secretary's desk.

  13. From printer. To re-engrossment. Re-engrossed. Second reprint .

  14. Read second time. Amended. (Amend. No. 805.) To printer.

  15. Placed on Second Reading File.

  16. From committee: Amend, and do pass as amended.

  17. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  18. In Senate.

  19. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 33, Nays: 9.) To Senate.

  20. From printer. To engrossment. Engrossed. First reprint .

  21. Read second time. Amended. (Amend. No. 522.) To printer.

  22. Placed on Second Reading File.

  23. From committee: Amend, and do pass as amended.

  24. From printer. To committee.

  25. Read first time. Referred to Committee on Legislative Operations and Elections. To printer.

Sponsors

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 403?
AB 403 is sponsored by Monroe-Moreno, Daniele (Democratic), McCurdyII, Chris Brooks, Skip Daly, Jason Frierson, Teresa Benitez-Thompson, Richard Carrillo, Nelson Araujo, and Olivia Diaz.
What is the current status of AB 403?
This bill died with 2017 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 403?
Track AB 403 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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