Nevada 2025 Regular Session Status: Passed Senate 1 D cosponsors

SB 340 — Revises provisions relating to governmental administration. (BDR 18-1008)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

This bill died with 2025 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

754 added · 728 removed

754 line(s) added, 728 removed.

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S.B.
(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B.
interpretation of a statute or regulation present questions of law subject to our independent review.”)) - *SB340* – 2 – 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 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- - *SB340_R1* – 2 – 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 statutory authority.
Research 611 N.W.2d 530, 537-39 (Mich.
Research Comm’n v.
Brown, 664 S.W.2d 907, 917-20 (Ky.
1984);
Blank v.
Dep’t of Corr., 611 N.W.2d 530, 537-39 (Mich.
Byrne, 448, A.2d 438, 443-49 (N.J.
Byrne, 448 630-36 (W.
Va.
1981)).
Manchin, 279 S.E.2d 622, 630-36 (W.
Manchin, 279 S.E.2d 622, 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 the statutory authority of the agencies or are inconsistent with legislative intent.
Va.
The constitutional amendment provides that if the Legislature authorizes the adoption of regulations by executive agencies which bind persons outside the agencies, the regulations by a legislative agency before their effective date to determine whether each such regulation is within the statutory authority for its adoption;
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 the statutory authority of the agencies or are inconsistent with legislative intent.
The regulations by executive agencies which bind persons outside the agencies, theion of Legislature is authorized to enact laws providing for:
(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;
3, § 1) When explained that its purpose was to ensure that the Legislative Department 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.
3, § 1) When the constitutional amendment was presented to the voters, the ballot materials explained that its purpose was to ensure that the Legislative Department had the agencies which exceed the statutory authority granted by the Legislature when ittive 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 Department, the other departments may not infringe upon the exercise of those powers out of respect for an equal and coordinate department of Ethics v.
Sec’y of State 1996)) When the Nevada Constitution expressly grants specific powers to the Legislative Department, the other departments may not infringe upon the exercise of those powers out of respect for an equal and coordinate department of government.
(Heller v.
Legislature, 120 Nev.
456, 466-72 (2004);
Comm’n on Ethics v.
285, 291-94 (2009)) For example, the Nevada Supreme Court has determined that because the Nevada Constitution expressly grants to each legislative House the specific power to “judge” the qualifications, returns and elections of its own members, the constitutional assignment of that power to the Legislative Department “insulates a legislator’s qualifications to hold office from judicial review.
285, 291-94 (2009)) For example, the Nevada Supreme legislative House the specific power to “judge” the qualifications, returns andach elections of its own members, the constitutional assignment of that power to the Legislative Department “insulates a legislator’s qualifications to hold office from judicial review.
456, 466-67 (2004)) Because Nevada’s voters expressly granted specific constitutional power to the Legislature to provide by law for legislative agencies suspend or nullify regulations adopted by executive agencies, the other departments may not infringe upon the exercise of that power out of respect for an equal and coordinate department of government.
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 composed of members of the Senate and Assembly to suspend or nullify regulations adopted by executive agencies, the other departments coordinate department of government.
Section 1 of this bill expresses the Legislature’s findings and declaration regarding its exercise of its expressly granted and specific constitutional power to suspend or nullify such regulations.
Section 1 of this bill expresses theual and Legislature’s findings and declaration regarding its exercise of its expressly granted and specific constitutional power to suspend or nullify such regulations.
- *SB340* – 3 – agency regulations, the Legislature has enacted provisions of the Nevada regarding Administrative Procedure Act which set forth the procedures for the adoption of emergency, temporary and permanent regulations by certain executive agencies.
In exercising its expressly granted and specific constitutional power regarding agency regulations, the Legislature has enacted provisions of the Nevada - *SB340_R1* – 3 – emergency, temporary and permanent regulations by certain executive agencies.of (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.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.067-233B.070) Section 3 of this bill authorizes a person or an executive agency to submit a petition requesting the Legislative Commission to review whether a permanent or should be suspended or nullified because the regulation:
(NRS 233B.067-233B.070) Legislative Commission to review whether a permanent or temporary regulationg the adopted pursuant to the Nevada Administrative Procedure Act should be suspended or nullified because the regulation:
Section 3 also:
In addition, section 16 of this bill authorizes a court to order the plaintiff in an action for a declaratory judgment to submit a petition to the Legislative Commission pursuant to section 3 if all or any part of the action relates to whether a regulation violates statutory provisions or for the review and consideration of such petitions;
(1) establishes procedures for the review and consideration of such petitions;
(2) authorizes the Legislatives Commission to suspend or nullify a regulation based on certain grounds raised in such petitions;
(2) authorizes the raised in such petitions;
and (3) requires certain actions to be taken after a suspension or nullification.
and (3) requires certain actions to be taken after aunds suspension or nullification.
Section 4 of this bill requires the Legislative Commission to adopt such regulations as are necessary to carry out the provisions of the Nevada requires the regulations to:
Section 4 of this bill requires the Legislative Commission to adopt such Administrative Procedure Act governing administrative regulations.
Section 4 also requires the regulations to:
(NRS 233B.038) Section 6 of this bill removes this exception, which has the effect of requiring such policies to be adopted in a regulation under the Nevada Administrative Procedure ActExisting law ratifies the Nevada Administrative Code as revised or supplemented before May 15, 1987.
(NRS 233B.038) Section 6 of this bill removes this exception, which has the effect of requiring such Act.cies to be adopted in a regulation under the Nevada Administrative Procedure Existing law ratifies the Nevada Administrative Code as revised or supplemented before May 15, 1987.
Existing law requires an agency to hold an oral public hearing on a proposed regulation if an oral hearing is requested by certain persons and the proposed requirement regarding the substantiveness of the regulation, which has the effect of requiring an oral hearing on all proposed regulations.
Existing law requires an agency to hold an oral public hearing on a proposed regulation is substantive.
Under existing law, the Legislative Counsel is required to prepare and publish a Register of Administrative Regulations, which includes information relating to adopted permanent regulations.
(NRS 233B.061) Section 9 of this bill eliminates the requirement regarding the substantiveness of the regulation, which has the effect of requiring an oral hearing on all proposed regulations.
(NRS 233B.0653) Section 12 of this bill eliminates - *SB340* – 4 – and instead requires the Legislative Counsel to publish the Register electronically on the public Internet website of the Legislature.
Under existing law, the Legislative Counsel is required to prepare and publish a Register of Administrative Regulations, which includes information relating to - *SB340_R1* – 4 – the requirement that the Legislative Counsel publish paper copies of the Register and instead requires the Legislative Counsel to publish the Register electronically on the public Internet website of the Legislature.
Existing law authorizes a plaintiff to bring an action for declaratory judgment impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
on an allegation that a regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
State, Dep’t of Tax’n, 106 Nev.
also held that “the interpretation by the agency charged with administering a statute is persuasive, and that great deference should be given to that interpretation if it is within the language of the statute.” (Nev.
766, 768 (1990)) The Nevada Supreme Court has is persuasive, and that great deference should be given to that interpretation if it is within the language of the statute.” (Nev.
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960, 968-69 (2001)) However, because the Nevada Administrative Procedure Act does not include any specific provisions regarding whether any deference should be given to the Legislative Commission’s approval of a regulation, the Nevada Supreme Court has declined to give any deference to the Legislative Commission’s approval of the regulation, even though such approval includes the Legislative Commission’s legal determination that the regulation conforms to the statutory authority pursuant to authority.
960, 968-69 (2001)) However, because the Nevada Administrative Procedure Act does not include any specific provisions regarding whether any deference should be given to the Legislative Commission’s approval of a regulation, the Nevada Supreme Court has declined to give any deference to the Legislative Commission’s approval of the regulation, even though such approval includes the Legislative Commission’s legal which it was adopted and carries out the Legislature’s intent in granting that to authority.
We decline the invitation to alter our statutorily mandated review of a regulation.”)) Section 16 amends the Nevada Administrative Procedure Act to provide that in any action where the court must determine whether a regulation violates statutory provisions or exceeds the statutory authority of an agency and the Legislative Commission or the Subcommittee to Review Regulations has approved the substitute its judgment for the legal determination of the Legislative Commission or the Subcommittee to Review Regulations, made through its legislative approval of the regulation, that the regulation conforms to the statutory authority pursuant to which it was adopted and carries out the Legislature’s intent in granting that authority;
We decline the invitation to alter our statutorily mandated review of a regulation.”)) Section 16 amends the Nevada Administrative Procedure Act to provide that in any action where the court must determine whether a regulation violates statutory provisions or exceeds the statutory authority of an agency and the Legislative regulation under the Nevada Administrative Procedure Act, the court:
(1) must not substitute its judgment for the legal determination of the Legislative Commission or the Subcommittee to Review Regulations, made through its legislative approval of the regulation, that the regulation conforms to the statutory authority pursuant to which it was adopted and carries out the Legislature’s intent in granting that authority;
and (3) must give great weight and deference to that legislative legal determination and must uphold that legislative legal determination if it is reasonable as a matter of law.
and (3) must give great weight and deference to that legislative reasonable as a matter of law.
Section 13 of this bill makes conforming changes.
Section 13 of this bill makes conforming changes.s - *SB340_R1* – 5 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *SB340* – 5 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
The Legislature hereby declares that there is a legitimate and compelling need to exercise its expressly granted and specific - *SB340* – 6 – 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:
The Legislature hereby declares that there is a legitimate and compelling need to exercise its expressly granted and specific - *SB340_R1* – 6 – 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:
A person may submit a petition pursuant to this section requesting that the Legislative Commission review whether any permanent or temporary regulation that has been filed with the Secretary of State pursuant to NRS 233B.070 should be suspended or nullified, in whole or in part, based on one or more of the following grounds:
In addition to a petition that is required to be submitted pursuant to NRS 233B.110, a person or adopting agency may submit a petition pursuant to this section requesting that the Legislative Commission review whether any permanent or temporary regulation that has been filed with the Secretary of State pursuant to NRS 233B.070 should be suspended or nullified, in whole or in part, based on one or more of the following grounds:
In order to submit a petition pursuant to this section, the person must submit the petition to the Legislative Counsel in a format prescribed by the Legislative Counsel.
In order to submit a petition pursuant to this section, the person or adopting agency must submit the petition to the Legislative Counsel in a format prescribed by the Legislative Counsel.
If a petition is properly submitted to the Legislative Counsel, the Chair of the Legislative Commission shall review the petition in consultation with the Legislative Counsel to determine whether to schedule the matter for a meeting of the Legislative Commission.
If a petition is properly submitted to the Legislative Counsel, the Chair of the Legislative Commission shall submit the petition to the Subcommittee to Review Regulations.
4.
The Subcommittee to Review Regulations shall review the petition in consultation with the Legislative Counsel and make a recommendation to the Chair of the Legislative Commission regarding whether the Chair should schedule the matter for a meeting of the Legislative Commission.
The Chair of the Legislative Commission may schedule the matter for a meeting of the Legislative Commission if the Chair determines that the petition contains sufficient allegations and arguments regarding the issues, including citations to relevant legal authorities, to provide for meaningful review of whether the - *SB340* – 7 – regulation should be suspended or nullified based on one or more of the grounds set forth in subsection 1.
- *SB340_R1* – 7 – 4.
After receipt of the recommendation made by the Subcommittee to Review Regulations pursuant to subsection 3, the Chair of the Legislative Commission may:
(a) Schedule the matter for a meeting of the Legislative Commission if the Chair determines that the petition contains sufficient allegations and arguments regarding the issues, including citations to relevant legal authorities, to provide for meaningful review of whether the regulation should be suspended or nullified based on one or more of the grounds set forth in subsection 1;
or (b) Decline to schedule the matter for a meeting of the Legislative Commission if the Chair determines that the petition:
(1) Does not contain sufficient allegations or arguments regarding the issues, including citations to relevant legal authorities, to provide for meaningful review of whether the regulation should be suspended or nullified based on one or more of the grounds set forth in subsection 1;
(2) Does not warrant review by the Legislative Commission because it contains substantially the same or similar allegations or arguments regarding the issues presented in previous petitions submitted pursuant to this section;
or (3) Does not warrant review by the Legislative Commission for any other reason.
The Chair of the Legislative Commission may decline to schedule the matter for a meeting of the Legislative Commission if the Chair determines that the petition:
If the Chair of the Legislative Commission declines to schedule the matter for a meeting of the Legislative Commission, the Legislative Counsel shall provide written notice of the determination to the petitioner.
(a) Does not contain sufficient allegations or arguments regarding the issues, including citations to relevant legal authorities, to provide for meaningful review of whether the regulation should be suspended or nullified based on one or more of the grounds set forth in subsection 1;
(b) Does not warrant review by the Legislative Commission because it contains substantially the same or similar allegations or arguments regarding the issues presented in previous petitions submitted pursuant to this section;
or (c) Does not warrant review by the Legislative Commission for any other reason.
If the Chair of the Legislative Commission declines to schedule the matter for a meeting of the Legislative Commission, the Legislative Counsel shall provide written notice of the determination to the person submitting the petition.
If the Chair of the Legislative Commission decides to schedule the matter for one or more meetings of the Legislative Commission, the Legislative Counsel shall, at least 30 days before the initial meeting to review the petition, provide the petitioner and, if the petitioner is not the adopting agency, the adopting agency with written notice of the meeting which includes, without limitation:
7.
If the Chair of the Legislative Commission decides to schedule the matter for one or more meetings of the Legislative Commission, the Legislative Counsel shall, at least 30 days before the initial meeting to review the petition, provide the person submitting the petition and the adopting agency with written notice of the meeting which includes, without limitation:
(1) Must include sufficient information to allow the person submitting the petition and the adopting agency to prepare for the initial meeting.
(1) Must include sufficient information to allow the petitioner and, if the petitioner is not the adopting agency, the adopting agency to prepare for the initial meeting.
(2) Does not preclude the Legislative Commission from considering any other issues at the initial or any subsequent meeting to review the petition that could result in the suspension or nullification of the regulation.
- *SB340_R1* – 8 – (2) Does not preclude the Legislative Commission from considering any other issues at the initial or any subsequent meeting to review the petition that could result in the suspension or nullification of the regulation.
7.
At the initial meeting to review the petition, the Chair of the Legislative Commission shall provide the petitioner and, if the petitioner is not the adopting agency, the adopting agency with an opportunity to present comment on the issues raised in the petition and whether the regulation should be suspended or nullified, subject to any reasonable requirements and restrictions on such presentations.
At the initial meeting to review the petition, the Chair of the Legislative Commission shall provide the person submitting the petition and the adopting agency with an opportunity to present comment on the issues raised in the petition and whether - *SB340* – 8 – the regulation should be suspended or nullified, subject to any reasonable requirements and restrictions on such presentations.
9.
10.
9.
11.
10.
12.
- *SB340_R1* – 9 – 11.
13.
12.
As used in this section, “adopting agency” means the agency that adopted the regulation or any successor agency that administers the regulation.
As used in this section:
- *SB340* – 9 – Sec.
(a) “Adopting agency” means the agency that adopted the regulation or any successor agency that administers the regulation.
(b) “Subcommittee to Review Regulations” means the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
Sec.
2.
- *SB340_R1* – 10 – 2.
- *SB340* – 10 – (b) A proposed regulation;
(b) A proposed regulation;
(m) [The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;
(m) [The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to - *SB340_R1* – 11 – determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;
- *SB340* – 11 – Sec.
Sec.
(a) It files one copy of the publication with the Secretary of State and one copy with the State Library, Archives and Public Records Administrator, and makes at least one copy available for public inspection with its regulations;
- *SB340_R1* – 12 – (a) It files one copy of the publication with the Secretary of State and one copy with the State Library, Archives and Public Records Administrator, and makes at least one copy available for public inspection with its regulations;
If an agency does not adopt and submit a proposed regulation to the Legislative Commission for review within the time prescribed by - *SB340* – 12 – 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.
5.
- *SB340_R1* – 13 – 5.
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 - *SB340* – 13 – emergency on the original copy of [a] the proposed 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 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.
(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 3 and 4 of this act.
- *SB340_R1* – 14 – (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 3 and 4 of this act.
No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this chapter but - *SB340* – 14 – 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.
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.
[ In carrying out the duties set forth in this subsection, the Legislative Counsel may use the services of the State Printing Office.
- *SB340_R1* – 15 – [ In carrying out the duties set forth in this subsection, the Legislative Counsel may use the services of the State Printing Office.
The Legislative Counsel may sell an additional copy of the Register to any person or governmental entity that requests a copy, - *SB340* – 15 – 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, at a price which does not exceed the cost of publishing the additional copy.
(a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting;
- *SB340_R1* – 16 – (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting;
- *SB340* – 16 – 5.
5.
A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise provided in NRS 293.247 or where a later date is specified in the regulation.
A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise - *SB340_R1* – 17 – provided in NRS 293.247 or where a later date is specified in the regulation.
An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the - *SB340* – 17 – 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.
An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, 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.
7.
- *SB340_R1* – 18 – 7.
Any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation and shall accompany the petition with relevant data, - *SB340* – 18 – views and arguments.
Any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation and shall accompany the petition with relevant data, views and arguments.
2.
[The] 2.
The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency.
If all or any part of an action for a declaratory judgment filed pursuant to this section relates to whether a regulation violates statutory provisions or exceeds the statutory authority of an agency, the court may enter an order requiring the plaintiff to submit a petition to the Legislature Commission for its review of the regulation pursuant to section 3 of this act.
Such a petition - *SB340_R1* – 19 – must be in the format and contain the information required in subsection 2 of section 3 of this act.
3.
Except as otherwise provided in subsection 2, the court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency.
and - *SB340* – 19 – (c) Must give great weight and deference to that legal determination of the Legislative Commission or the Subcommittee to Review Regulations and must uphold that legal determination if it is reasonable as a matter of law.
and (c) Must give great weight and deference to that legal determination of the Legislative Commission or the Subcommittee to Review Regulations and must uphold that legal determination if it is reasonable as a matter of law.
3.
4.
The agency whose regulation is made the subject of action for the declaratory [action shall] judgment must be made a party to the action.
The agency whose regulation is made the subject of the action for the declaratory [action shall] judgment must be made a party to the action.
[2.] 4.
[2.] 5.
An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.
An agency may institute an action for a declaratory judgment to establish the validity of any one or more of its own regulations.
[3.] 5.
[3.] 6.
Actions for declaratory judgment provided for in [subsections 1 and 2 shall] this section must be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure.
Actions for a declaratory judgment provided for in [subsections 1 and 2 shall] this section must be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure.
6.
7.
7.
- *SB340_R1* – 20 – 8.
This section must not be construed to limit the authority of the Legislative Commission to suspend or nullify a regulation pursuant to Section 1 of Article 3 of the Nevada Constitution and NRS 233B.0395 to 233B.120, inclusive, and sections 3 and 4 of this act.
This section must not be construed to limit the authority of the Legislative Commission to suspend or nullify a regulation pursuant to Section 1 of Article 3 of the Nevada Constitution and NRS 233B.0395 to 233B.120, inclusive, and sections 3 and 4 of thi9.acAs used in this section, “Subcommittee to Review Regulations” means the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
8.
As used in this section, “Subcommittee to Review Regulations” means the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
H - *SB340*
H - *SB340_R1*
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Amendments

1 amendment

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. To Assembly. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

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

  4. Read third time. Passed, as amended. Title approved. (Yeas: 13, Nays: 8.) To printer.

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 485.) Reprinting dispensed with.

  6. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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

Votes

Senate (1st Reprint)

Passed 13 Yea · 8 Nay
Party YeaNayPresentNot Voting
Republican 0800
Democratic 13000
Total 13800
% of votes cast 62%38%0%0%
How each member voted (21)
Member Party Vote
Cannizzaro, Nicole J. Democratic Yea
Cruz-Crawford, Michelee "Shelly" Democratic Yea
Daly, Skip Democratic Yea
Dondero Loop, Marilyn Democratic Yea
Doñate, Fabian Democratic Yea
Flores, Edgar Democratic Yea
Lange, Roberta Democratic Yea
Neal, Dina Democratic Yea
Nguyen, Rochelle T. Democratic Yea
Ohrenschall, James Democratic Yea
Pazina, Julie Democratic Yea
Scheible, Melanie Democratic Yea
Taylor, Angela D. Democratic Yea
Buck, Carrie Ann Republican Nay
Ellison, John Republican Nay
Hansen, Ira Republican Nay
Krasner, Lisa Republican Nay
Rogich, Lori Republican Nay
Steinbeck, John C. Republican Nay
Stone, Jeff Republican Nay
Titus, Robin L. Republican Nay

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Subjects

public-safety technology
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Frequently asked questions

Who sponsors SB 340?
SB 340 is sponsored by Daly, Skip (Democratic).
What is the current status of SB 340?
This bill died with 2025 Regular Session. It reached “Passed Senate” 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 SB 340?
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