Nevada 2019 Regular Session Status: Enacted

AB 70 — Revises provisions governing the Open Meeting Law. (BDR 19-421)

Last action — Chapter 566.

  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 November 20, 2018. Enacted.

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Advancing 50% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to meetings of public bodies; making various changes relating to meetings of public bodies; providing a penalty; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

697 added · 732 removed

697 line(s) added, 732 removed.

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(Reprinted with amendments adopted on June 3, 2019) FOURTH REPRINT A.B.
Assembly Bill No.
70 ASSEMBLY BILL NO .
70–Committee on Government Affairs CHAPTER..........
70–COMMITTEE ON GOVERNMENT A FFAIRS (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the Open Meeting Law.
(BDR 19-421) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(NRS 241.010) Section 2 of this bill provides means of teleconference or videoconference, the chair of the public body mustody by make reasonable efforts to ensure that members of the public body and the public can hear or observe each member attending by teleconference or videoconference.
(NRS 241.010) Section 2 of this bill provides instead that if a member of the public body attends a meeting of the public body by means of teleconference or videoconference, the chair of the public body must make reasonable efforts to ensure that members of the public body and the public can hear or observe each member attending by teleconference or videoconference.
Section 2 authorizes a public body, under certain circumstances, to conduct a public meeting by teleconference or videoconference.
Section 2 authorizes a public body, under certain circumstances, to conduct a publSection 6.2 of this bill requires the public officers and employees responsible for a public meeting to make reasonable efforts to ensure the facilities for that meeting are large enough to accommodate the anticipated number of attendees.
Section 6.2 of this bill requires the public officers and employees responsible meeting are large enough to accommodate the anticipated number of attendees.
Section 2.5 of this bill provides a public body may delegate authority to the chair or the executive director, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
that Section 2.5 of this bill provides a public body may delegate authority to the chair or the executive director, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
Existing law sets forth the circumstances when a public body is required to comply with the Open Meeting Law.
Existing law sets forth the circumstances when a public body is required to to receive information from an attorney employed or retained by the public body - *AB70_R4* – 2 – regarding certain matters without complying with the Open Meeting Law.
Under existing law, a public body may gather to receive information from an attorney employed or retained by the public body (NRS 241.015)tain matters without complying with the Open Meeting Law.
(NRS 241.015) Section 5 of this bill authorizes, under certain circumstances, a public body to gather to receive training regarding its legal obligations without complying with the Open Meeting Law.
Section 5 of this bill authorizes, under certain circumstances, a public body to gather to receive training regarding its legal obligations without complying with the Open Meeting Law.
group of a public body to comply with the provisions of the Open Meeting Law.
Section 5 requires, under certain circumstances, a subcommittee or working group of a public body to comply with the provisions of the Open Meeting Law.
(NRS 241.020) Section 5 defines the term “supporting material.” Existing law requires a public body to have a meeting recorded on audiotape or transcribed by a court reporter and provide a copy of the audio recording or transcript to a member of the public upon request at no charge.
(NRS 241.020) Section 5 defines the term “supporting material.” Existing law requires a public body to have a meeting recorded on audiotape or transcribed by a court reporter and provide a copy of the audio recording or provides this requirement does not prohibit a court reporter from charging a fee to the public body for any services relating to the transcription of a meeting.
Existing law also provides this requirement does not prohibit a court reporter from charging a fee to 241.035) Section 7 of this bill clarifies that a court reporter who transcribes a meeting is:
(NRS 241.035) Section 7 of this bill clarifies that a court reporter who transcribes a meeting is:
(1) requires, with limited exception, the Attorney General to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed not later discretion to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed more than 120 days after the alleged violation.
(1) requires, with limited exception, the Attorney General to investigate - 80th Session (2019) – 2 – than 120 days after the alleged violation;
and (2) gives the Attorney General later discretion to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed more than 120 days after the alleged violation.
and (2) a public body to submit a response to the findings of the Attorney General not later than 30 days after receipt of the Attorney General’s findings.
and (2) a public body to submit a response to the findings of the Attorney General not later than 30 days after receipt of the AttoExisting law makes each member of a public body who attends a meeting where action is taken in violation of the Open Meeting Law with knowledge of the fact that the meeting is in violation guilty of a misdemeanor and subject to a civil penalty of $500.
Existing law makes each member of a public body who attends a meeting where action is taken in violation of the Open Meeting Law with knowledge of the penalty of $500.
(NRS 241.040) Section 12 of this bill provides instead that each member of a public body who:
(NRS 241.040) Section 12 of this bill provides instead that eachvil member of a public body who:
(1) attends a meeting where any violation of the in the violation, is guilty of a misdemeanor and subject to an administrative fine, the amount of which is graduated for multiple offenses.
(1) attends a meeting where any violation of the Open Meeting Law occurs;
(2) has knowledge of the violation;
and (3) participates in the violation, is guilty of a misdemeanor and subject to an administrative fine, the amount of which is graduated for multiple offenses.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and - *AB70_R4* – 3 – (b) There is a physical location designated for the meeting where members of the public are permitted to attend and participate.
and (b) There is a physical location designated for the meeting where members of the public are permitted to attend and participate.
A public body may delegate authority to the chair or the executive director of the public body, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
A public body may delegate authority to the chair or the executive director of the public body, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or - 80th Session (2019) – 3 – employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
It is the intent of the law that their actions be tak[2.opIf any member of a public body is present by means of.
It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
teleconference or videoconference at any meeting of the public body and the members of the public who are present at the meetingblic can hear or observe and participate in the meeting.] Sec.
[2.
If any member of a public body is present by means of body, the public body shall ensure that all the members of the public body and the members of the public who are present at the meeting can hear or observe and participate in the meeting.] Sec.
or - *AB70_R4* – 4 – (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
or (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the pub2.c b“Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action.
2.
“Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action.
(I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;
- 80th Session (2019) – 4 – (I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;
(b) Does not include a gathering or series of gatherings of quorum is actually or collectively present, whether in person or by means of electronic communication:
(b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present, whether in person or by means o(1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
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- *AB70_R4* – 5 – (a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in NRS 379.0056, an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:
(a) Any administrative, advisory, executive or legislative body which expends or disburses or is supported in whole or in part bysons tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in NRS 379.0056, an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:
(3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;
- 80th Session (2019) – 5 – (3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;
two persons appointed by:ion or committee consisting of at least (1) The Governor or a public officer who is under the has at least two members who are not employees of the Executivee Department of the State Government;
two persons appointed by:ion or committee consisting of at least (1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;
and (d) A subcommittee or working group consisting of at least two persons who are appointed by a public body described in paragraph (a), (b) or (c) if:
and (d) A subcommittee or working group consisting of at least two persons who are appointed by a public body described in paragr(1) A majority of the membership of the subcommittee or working group are members or staff members of the public body that appointed the subcommittee;
- *AB70_R4* – 6 – (1) A majority of the membership of the subcommittee or working group are members or staff members of the public body that appointed the subcommittee;
The term includes, without limitation, written records, audio recordings, video recordings, photographs and digital data.
The term includes, without - 80th Session (2019) – 6 – limitation, written records, audio recordings, video recordings, photographs and digital data.
Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public only be closed to the extent specified in the statute allowing they meeting to be closed.
Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all bodies.
All other portions of the meeting must be open provisions of this chapter to the extent not specifically precluded by the specific statute.
A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed.
All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute.
Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.
Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an attendees.acility to accommodate the anticipated number of 3.
- *AB70_R4* – 7 – 3.
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
- 80th Session (2019) – 7 – (1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(3) Periods devoted to comments by the general public, if any, and discussion of those comments.
(3) Periods devoted to comments by the general public, if public must be taken:f those comments.
Comments by the general public must be taken:
Comments by the general (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting;
(I) At the beginning of the meeting before any items on before the adjournment of the meeting;
or (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
ore public body and again (II) After each item on the agenda on which action may takes action on the item.the public body, but before the public body The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II).
The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II).
(4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.
the character, alleged misconduct or professional competence of aer person, the name of the person whose character, alleged misconduct or professional competence will be considered.
- *AB70_R4* – 8 – (5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(7) Any restrictions on comments by the general public.
- 80th Session (2019) – 8 – (7) Any restrictions on comments by the general public.
(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m.
(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not(b) Posting the notice on the official website of the Stateing;
of the third working day before the meeting;
pursuant to NRS 232.2175 not later than 9 a.m.
(b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m.
of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State;
of the third working day before the meeting is to be held, unless the public body is operation or maintenance of the official website of the State;
and (c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body.
and (c) Providing a copy of the notice to any person who has notice lapses 6 months after it is made.
A request for notice lapses 6 months after it is made.
For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection [3.] 4.
For each of its meetings, a public body shall document in writing that the public body complied with the minimum public documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
- *AB70_R4* – 9 – (b) The address of the location where the person posted the copy of the public notice;
(b) The address of the location where the person posted the copy of the public notice;
Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection [3.] 4.
Notice posted pursuant to this - 80th Session (2019) – 9 – subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection [3.] 4.
(b) A proposed ordinance or regulation which will be discussed at the public meeting;
(b) A proposed ordinance or regulation which will be discussed at (c) Subject to the provisions of subsection [7 or 8,] 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
and (c) Subject to the provisions of subsection [7 or 8,] 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;
(1) Submitted to the public body pursuant to a nondisclosure information;ntiality agreement which relates to proprietary (2) Pertaining to the closed portion of such a meeting of the public(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
(2) Pertaining to the closed portion of such a meeting of the public body;
or (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection [6] 7 must be:
Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection [6] m(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body;
(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body;
or (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.
or (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the - *AB70_R4* – 10 – requester at the same time the material is provided to the members of the public body.
[8.] 9.
- 80th Session (2019) – 10 – [8.] 9.
Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection [6.] 7.
Such posting is supplemental to the right of the public to request the supporting body, as a result of technical problems with its website, to postrning supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material person who requests the notice, information or supporting material if the person will accept receipt by electronic mail.
Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail.
If a public body material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available.
If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available.
The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, be deemed to be a violation of the provisions of this chapter.all not [10.] 11.
[10.] 11.
- *AB70_R4* – 11 – Sec.
Sec.
Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has:
Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the - 80th Session (2019) – 11 – results of an examination conducted by or on behalf of the public body unless it has:
or (2) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.
or person at least 21 working days before the meeting.
(b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental hea(c) Must include:.
address of that (b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental health of the person.
(1) A list of the general topics concerning the person that will be con(2) A statement of the provisions of subsection 4, if and applicable.
(c) Must include:
(1) A list of the general topics concerning the person that will be considered by the public body during the closed meeting;
and (2) A statement of the provisions of subsection 4, if applicable.
4.
a meeting to consider the character, alleged misconduct,s a portion of professional competence, or physical or mental health of a person, the public body must allow that person to:
If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, the public body must allow that person to:
and - *AB70_R4* – 12 – (c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.
and (c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.
5.
- 80th Session (2019) – 12 – 5.
or (b) Allow the members of the public body to determine, by majority vote, which additional persons, if any, are allowed to attend the closed meeting or portion thereof.
or (b) Allow the members of the public body to determine, by the closed meeting or portion thereof.s, if any, are allowed to attend 6.
6.
person during a [closed] meeting do not constitute consideration of the character, alleged misconduct, professional competence, or phy(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.
(b) Casual or tangential references to a person or the name of a person during a [closed] meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.
Each public body shall keep written minutes of each of its meetings, including:
Each public body shall keep written minutes of eac(a) The date, time and place of the meeting.
(a) The date, time and place of the meeting.
(d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a - *AB70_R4* – 13 – copy of the prepared remarks if the member of the general public submits a copy for inclusion.
(d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.
(e) Any other information which any member of the public body requests to be included or reflected in the minutes.
- 80th Session (2019) – 13 – (e) Any other information which any member of the public body requests to be included or reflected in the minutes.
A copy of the minutes or audio recording must be made available to a member of the public upon request at no charge.
A copy of the the public upon request at no charge.
public records when the public body determines that the matters discussed no longer require confidentiality.
(b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.
public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination.
(c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the the results of the examination.
If a public body makes an - *AB70_R4* – 14 – audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
If a public body makes an - 80th Session (2019) – 14 – audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
and (c) Must be made available to the Attorney General upon request.
and (c) Must be made available to the Attorney General upon req5.
5.
Except as otherwise provided in subsection [7,] 8, any transcribed and the recording or transcript must be retained andd or made available for inspection pursuant to the provisions of or transcript made pursuant to this subsection must be madecording available to the Attorney General upon request.
Except as otherwise provided in subsection [7,] 8, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings.
[7.] 8.
Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.
If a public body makes a good faith effort to comply with the provisions of subsections 4 and [6] 7 but is prevented from doing so because of factors beyond the public body’s reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
with the provisions of subsections 4 and [6] 7 but is prevented from doing so because of factors beyond the public body’s reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
Sec.
Secs.
8.
8 and 9.
9.
(Deleted by amendment.) Sec.
2.
- 80th Session (2019) – 15 – 2.
- *AB70_R4* – 15 – (a) Shall investigate and prosecute any violation of this chapter [.] alleged in a complaint filed not later than 120 days after the alleged violation with the Office of the Attorney General.
(a) Shall investigate and prosecute any violation of this chapter [.] alleged in a complaint filed not later than 120 days after the alleged violation with the Office of the Attorney General.
(b) Except as otherwise provided in paragraph (c), shall not investigate and prosecute any violation of this chapter alleged in a complaint filed with the Office of the Attorney General later than 120 days after the alleged violation.
(b) Except as otherwise provided in paragraph (c), shall not investigate and prosecute any violation of this chapter alleged in a complaint filed with the Office of the Attorney General later than days after the alleged violation.
(c) May, at his or her discretion, investigate and prosecute any violation of this chapter alleged in a complaint filed more than 120 days after the alleged violation with the Office of the Attorney General if:
violation of this chapter alleged in a complaint filed more thanany days after the alleged violation with the Office of the Attorney General if:
challenge the action of the public body in a court of law;
(a) The person who filed the complaint would have standing to challenge the action of the public body in a court of law;
or to (b) The person who filed the complaint:
or (b) The person who filed the complaint:
area over which the public body has jurisdiction;
(1) Is a natural person and resides within the geographic area ov(2) Is any form of business, a social organization, a labor organization or any other nongovernmental legal entity in this State that has a mission or purpose to foster or protect democratic principles or promote transparency in government.
or geographic (2) Is any form of business, a social organization, a labor organization or any other nongovernmental legal entity in this State that has a mission or purpose to foster or protect democratic principles or promote transparency in government.
[6.] 7.
- 80th Session (2019) – 16 – [6.] 7.
- *AB70_R4* – 16 – (b) Every finding of fact or conclusion of law made by the Attorney General relating to a complaint filed pursuant to subsection 1.
(b) Every finding of fact or conclusion of law made by the Attorney General relating to a complaint filed pursuant to subsection 1.
8.
to subsection 2, the Attorney General shall inform the public body that is the subject of the investigation and issue, as applicable:
Upon completion of an investigation conducted pursuant to subsection 2, the Attorney General shall inform the public body that is the subject of the investigation and issue, as applicable:
If the Attorney General makes findings of fact violation of] violated any provision of this chapter, the public body must include an item on the next agenda posted for a meeting of the fact and conclusions of law.
If the Attorney General makes findings of fact and conclusions of law that a public body has [taken action in violation of] violated any provision of this chapter, the public body must include an item on the next agenda posted for a meeting of the public body which acknowledges the existence of the findings of must be treated as supporting material for the item on the agenda for the purposes of NRS 241.020.
The opinion of the Attorney General must be treated as supporting material for the item on the agenda for the purposes of NRS 241.020.
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The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
The Attorney General may recover the penalty in a civil competent jurisdiction.
No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a by the public body.ice provided by an attorney employed or retained Sec.
No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a result of legal advice provided by an attorney employed or retained by the public body.
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Amendments

4 amendments

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Action History

  1. Chapter 566.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Conference report adopted by Senate. To printer. From printer. To reengrossment. Reengrossed. Fourth reprint. To enrollment.

  5. From committee: Concur in Senate Amendment No. 878 and further amend. Conference report adopted by Assembly.

  6. In Assembly. Conference Committee appointed by Assembly. To committee.

  7. In Senate. Senate Amendment No. 878 not receded from. Conference requested. Conference Committee appointed by Senate. To Assembly.

  8. Senate Amendment No. 878 not concurred in. To Senate.

  9. In Assembly.

  10. From printer. To re-engrossment. Re-engrossed. Third reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 878.) To printer.

  12. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  13. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 647.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 31, Nays: 9, Excused: 2.) To printer.

  14. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 577.) To printer.

  15. Read first time. To committee.

  16. From printer.

  17. Prefiled. 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.

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

Subjects

public-safety elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 70 do?
AN ACT relating to meetings of public bodies; making various changes relating to meetings of public bodies; providing a penalty; and providing other matters properly relating thereto.
Who sponsors AB 70?
AB 70 is sponsored by Assembly Committee on Government Affairs.
What is the current status of AB 70?
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
Where can I track AB 70?
Track AB 70 free on One Click Politics — get push/email alerts when it moves.

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