Old battle resumes between business, government regulators

CARSON CITY -- An old battle between Nevada businesses and government regulators resumed today as legislators reviewed a bill to ensure that agencies don't make up rules as they go along.

AB12, a revised version of a measure shelved during the 1997 session, was pushed by the Nevada Taxpayers Association and opposed by the attorney general's office during an Assembly Government Affairs meeting.

While the state Taxation Department wasn't opposed to the latest bill, representatives of the state Department of Business and Industry joined the attorney general in raising lots of questions.

Carole Vilardo of the NTA argued AB12 would ensure that government agencies clearly explain to businesses the basis in law or regulations for actions that can lead to audits, fines or other penalties.

Heeding advice of Government Affairs Chairman Doug Bache, D-Las Vegas, she added she'll try to work with opponents to come up with a compromise.

But Doug Walther of the attorney general's office said there may be no way to salvage AB12 because it goes much farther than simply trying "to put a finer point on the definition of regulations."

Walther said the result of AB12, from an agency's perspective, could be "regulations interpreting regulations interpreting statutes," and that could lead to confusion and block proper government scrutiny of businesses.

He also said the bill would clearly increase government costs, and he's trying to work up an estimate. The bill in its current form says there would be no cost impact on the state.

Chas Horsey, acting chief of the Department of Business and Industry, said he's concerned that the measure would make government oversight of regulated businesses even more complicated - "and then we'll all be getting more complaints."

He was backed by Jim Jeppson of the Insurance Division who said AB12 could hurt efforts to react quickly when the division gets complaints about insurers treating clients unfairly.

And John Wiles of the Industrial Relations Division said the measure could force his division to "be in regulation hearings constantly."

Dino DeCianno of the Taxation Department said his agency favored the bill and the idea of clearly defining regulations and internal policies of government agencies.

archive