Nevada Legislative Review of State Agency Regulations, Question 5 (1996)
The Nevada Legislative Review of State Agency Regulations Question, also known as Question 5, was a legislatively-referred constitutional amendment on the November 5, 1996 election ballot in Nevada, where it was approved.
|Question 5 (Legislative Review of State Agency Regulations)|
Official results via: Nevada Legislative Counsel Bureau - Research Division
Text of measure
The language that appeared on the ballot:
- Shall the Nevada Constitution be amended to authorize the legislative review of regulations of state agencies?
The language that appeared in the voter's guide:
- The authority to enact laws is granted to the Legislature by the Nevada Constitution. To carry out those laws, the Legislature may grant state agencies the authority to adopt administrative regulations. Upon adoption, these regulations have the same effect as law. Under current Nevada law, the Legislature's staff reviews regulations adopted by most state agencies to determine whether the regulations exceed the authority granted by the Legislature to adopt those regulations, and whether they carry out the Legislature's intent in granting that authority. However, even if the regulations are found to exceed the agency's authority or to be contrary to the Legislature's intent, the agency's regulation becomes effective if the agency chooses to file that regulation, notwithstanding the Legislature's objection. The Legislature may not currently suspend or reject a regulation. The Legislature's only option is to pass another law on the particular issue during the next legislative session.
- The proposed amendment would specifically authorize:
- 1. Legislative review of proposed regulations before they become effective;
- 2. Suspension of regulations that appear to exceed the agency's statutory authorit; and
- 3. Rejection of regulations which are determined to exceed the agency's authority.
- FISCAL NOTE
- Financial Impact - No. The proposal to amend the Nevada Constitution would specifically authorize the legislative review of administrative regulations. The revisions can be accomplished with no adverse fiscal effect.