Nevada 2019 Regular Session Status: Enacted

AB 413 — Revises provisions relating to local governments. (BDR 19-893)

Last action — Chapter 165.

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

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to local governments; providing that certain actions taken by a governing body of a local government are void if the actions are taken before the governing body considers the impact on business; revising the definition of “local government”; revising the meeting at which a governing body is required to consider a business impact statement; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

120 added · 133 removed

120 line(s) added, 133 removed.

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Latest
(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
413 A SSEMBLY B ILLN O.
413–Committee on Government Affairs CHAPTER..........
413–COMMITTEE ON GOVERNMENT A FFAIRS M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to local governments.
(BDR 19-893) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires a governing body of a local government to determine burden upon a business or directly restrict the formation, operation or expansion of a business.
Existing law requires a governing body of a local government to determine whether a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.
If so, the governing body or its designee must prepare a small business impact statement which must be considered by the governing body at the meeting immediately preceding the meeting held to adopt the proposed rule.
If so, the governing body or its designee must prepare a business impact immediately preceding the meeting held to adopt the proposed rule.
or (2) the 237.100) impact statement is inaccurate or incomplete.
or (2) the business impact statement is inaccurate or incomplete.
(NRS 237.080, 237.090, Section 1 of this bill provides that if a governing body fails to comply with such requirements to consider the potential impact on business before taking action to adopt a proposed rule, the action taken by the governing body is void.
(NRS 237.080, 237.090, 237.100) Section 1 of this bill provides that if a governing body fails to comply with to adopt a proposed rule, the action taken by the governing body is void.
Sections 1.3 and 1.7 of this bill make conforming changes.
Sectionsn 1.3 and 1.7 of this bill make conforming changes.
Section 1.5 of this bill revises the definition of “local government” to include a business impact statement at a public meeting held at least 10 calendar days beforehe a meeting to adopt a proposed rule.
Section 1.5 of this bill revises the definition of “local government” to include a health district.
- *AB413_R1* – 2 – Section 2 of this bill authorizes a business to file a petition objecting to a rule on the grounds that the governing body of a local government failed to comply with Section 2 also requires the governing body to take action to readopt the rule after the governing body considers the business impact statement.
Section 1.9 of this bill requires a local government to consider the business impact statement at a public meeting held at least 10 calendar days before a meeting to adopt a proposed rule.
Section 2 of this bill authorizes a business to file a petition objecting to a rule the requirements to consider the impact on business before adopting the rule.
with Section 2 also requires the governing body to take action to readopt the rule after the governing body considers the business impact statement.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 2 – 237.0303.
NAs used in NRS 237.030 to 237.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to them in those sections.
1.3.
NRS 237.030 is hereby amended to read as follows:
237.030 As used in NRS 237.030 to 237.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to them in those sections.
Sec.
237.070 The provisions of NRS 237.030 to 237.150, inclusive, and section 1 of this act do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into which the local government has entered.
237.070 The provisions of NRS 237.030 to 237.150, inclusive, and section 1 of this act do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into whiSec.
Sec.
- *AB413_R1* – 3 – (1) Both adverse and beneficial effects;
(1) Both adverse and beneficial effects;
(c) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.
local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.
(f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.
- 80th Session (2019) – 3 – (f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.
(g) The reasons for the conclusions regarding the impact of the proposed rule on businesses.
proposed rule on businesses.onclusions regarding the impact of the 2.
2.
[or] (b) The business impact statement prepared by the governing body or its designee pursuant to NRS 237.080 and 237.090 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the rule on businesses [.] ;
[or] (b) The business impact statement prepared by the governing inaccurate, incomplete or did not adequately consider or is significantly underestimated the economic effect of the rule on businesses [.] ;
or (c) The governing body of the local government failed to comply with any of the requirements of NRS 237.030 to 237.150, - *AB413_R1* – 4 – inclusive, and section 1 of this act before adopting the proposed rule.
or (c) The governing body of the local government failed to comply with any of the requirements of NRS 237.030 to 237.150, inclusive, and section 1 of this act before adopting the proposed rule.
Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body.
Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by - 80th Session (2019) – 4 – the governing body.
H - *AB413_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 165.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Do pass. Placed on Second Reading File. Read second time.

  8. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 367.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Assembly Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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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.

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Frequently asked questions

What does AB 413 do?
AN ACT relating to local governments; providing that certain actions taken by a governing body of a local government are void if the actions are taken before the governing body considers the impact on business; revising the definition of “local government”; revising the meeting at which a governing body is required to consider a business impact statement; and providing other matters properly relating thereto.
Who sponsors AB 413?
AB 413 is sponsored by Assembly Committee on Government Affairs.
What is the current status of AB 413?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 413?
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