Nevada 2023 Regular Session

Nevada Assembly Bill AB390

Introduced
3/23/23  
Refer
3/23/23  

Caption

Revises provisions governing the Nevada Administrative Procedure Act. (BDR 18-849)

Impact

If passed, this bill would have a significant impact on state law by removing the exemption that allowed the Department of Corrections to operate outside the authority of the Nevada Administrative Procedure Act. This means that all regulations adopted by the Department must now comply with established procedures, which could lead to increased scrutiny of the Department's rule-making processes. The bill emphasizes that existing regulations will remain in force until they are replaced by new ones that adhere to the provisions of the Act, repeating the importance of continuity in enforcement while transitioning to a more accountable structure.

Summary

Assembly Bill 390 revises the provisions governing the Nevada Administrative Procedure Act, specifically extending its requirements to the Department of Corrections, which has previously been exempt. The bill aims to enhance the regulatory framework by ensuring that the Department of Corrections follows the same procedural requirements for adopting regulations and adjudicating contested cases as other state agencies. By doing so, AB390 promotes a more standardized approach to governance within state institutions, potentially increasing transparency and aligning procedures with public expectations.

Sentiment

The general sentiment around AB390 appears to be supportive of increased accountability within state agencies, particularly regarding governance associated with correctional facility procedures. Advocates of the bill argue that it fosters trust in state operations by standardizing the regulatory oversight of an agency that impacts the lives of many individuals. However, there could be contention among parties who believe that additional restrictions might hinder the Department’s ability to implement necessary rules swiftly, especially those related to corrections.

Contention

Notable points of contention in discussions surrounding AB390 could arise from concerns that the bill may restrict the Department of Corrections’ ability to adapt regulations quickly in response to emerging needs. While some stakeholders believe that adhering to the Nevada Administrative Procedure Act will enhance oversight and reduce arbitrary decision-making, others may fear that the additional bureaucratic layers could slow down necessary regulatory responses and limit flexibility in the operational processes of the Department.

Companion Bills

No companion bills found.

Previously Filed As

NV SB105

Revises provisions relating to the Department of Corrections. (BDR 18-320)

NV AB419

Revises provisions relating to water. (BDR 48-736)

NV SB54

Revises provisions relating to elections. (BDR 24-409)

NV AB246

Revises provisions relating to offenders. (BDR 16-686)

NV AB452

Revises provisions relating to offenders. (BDR 16-315)

NV SB416

Revises provisions relating to the Department of Corrections. (BDR 16-322)

NV SB375

Revises provisions relating to credit unions. (BDR 55-605)

NV SB343

Revises provisions relating to governmental administration. (BDR 49-972)

NV SB441

Revises provisions relating to public health. (BDR 40-451)

NV AB366

Revises provisions governing the Keep Nevada Working Task Force. (BDR 18-1056)

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