AB 58 — Makes changes relating to the authority and duties of the Attorney General. (BDR 3-417)
Last action — Approved by the Governor. Chapter 46.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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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.
Bill Text
What changed in the latest version
305 added · 287 removed305 line(s) added, 287 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT A.B.
5858–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... N O.
58–COMMITTEE ON JUDICIARY (O N BEHALF OF THE A TTORNEY G ENERAL ) PREFILED NOVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Makes changes relating to the authority and duties of the Attorney General.
(BDR 3-417) FISCAL NOTE:
EffEffect on the State:
Yes.May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegSectionLegiSection 1 of this bill authorizes the Attorney General to investigate whether a state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority has engaged in certain patterns or practices that deprive persons of certain rights, privileges or immunities.
Section 1 requires the Attorney General to notify the governmental authority if the Attorney General has reasonable cause to believe that any such conduct has occurred and authorizes the Attorney General and the governmental authority cannot reach an agreement as to respondthe course of action for the governmental authority to take to remedy, change or eliminate the notificationidentified pattern or practice within 3060 days.days after the last day on which the governmental authority may respond to the notification, section 1 authorizes the Attorney General to file a civil action against the governmental authority to eliminate the identified pattern or practice.
IfFor thes the Attorneypurposes General and the governmental authority cannot reach an agreement as to the course of actionenabling for the governmentalAttorney authorityGeneral to takecarry toout remedy,an changeinvestigation, or - *AB58_R1* – 2 – eliminate the identified pattern or practice within 60 days after the last day on which the governmental authority may respond to the notification, section 1 authorizesalso theand Attorney General to fileproduce acertain civildocumentation actionand againsttangible theitems. governmental authority to eliminate the identified pattern or practice.
ForAt the purposesconclusion ofofify authorizessuch an investigation, section 1 requires the Attorney General to requireissue certaina personsreport tothat appearincludes anda testifydetermination andbased toon producethe certainresults documentationof andthe tangibleinvestigation. items.
AtSection the1 conclusionadditionally ofrequires suchthat anany investigation,state sectionofficer 1or requiresemployee theor Attorneylocal Generalgovernmental toofficer issueor employee who discloses a reportpattern thator includespractice of conduct by a determinationstate basedgovernmental onauthority, theany resultsagent thereof or any person acting on behalf of thea investigation.state governmental authority be afforded all protections against reprisal or governmental action.
Sectionby 1the additionallyprovisions requiresof thatlaw anyrelating stateto officerthe ordisclosure employeeof orimproper localFinally, governmentalsection officer1 orrequires employeethe whoAttorney disclosesGeneral ato patternparticipate orand practicecooperate ofin conductany investigation by athe stateUnited governmentalStates authorityDepartment beof affordedJustice allregarding protectionswhether againstthe reprisalOffice orlf of retaliationthe providedAttorney byGeneral thehas provisionsengaged ofin lawcertain relatingpatterns toor thepractices disclosurethat deprive persons of impropercertain governmentalrights, action.privileges or immunities.
Finally,Section section 1 requires the Attorney General to participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in certain patterns or practices that depSection 4 of this bill makes a conforming change relating to the information that is made confidential and not a public record pursuant to section 1.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
2.subsection 1.
The Attorney General may investigate any violation of subsection 1.
- *AB58_R1* – 3 – (a) To obtain any and all appropriate equitable and declaratory relief to eliminate the identified pattern or practice if the Attorney General and the governmental authority cannot reach an agreement regarding the course of action for the governmental authority to take to remedy, change or eliminate the identified pattern or practice within 60 days after the last day on which the governmental authority may respond to the notification;
Any civil action filed by the Attorney General pursuant to subsection 3 must be filed in the district court of the county where the governmental authority maintains its headquarters.headquarters.e county where 5.
5.For the purpose of carrying out an investigation pursuant to the provisions of this section, the Attorney General or his or her - 81st Session (2021) – 3 – testimony of a witness or the production of any relevant evidence, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects maintained by the governmental authority.
For the purpose of carrying out an investigation pursuant to the provisions of this section, the Attorney General or his or her designee may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant evidence, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects maintained by the governmental authority.
and (c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena, or has refused to answer questions propounded to him or her, and asking for an order of the court compelling the witness to attend,petition, testifythe court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produceproduced materials.
Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials.
- *AB58_R1* – 4 – 6.
Except as otherwise provided in NRS 239.0115, the content of any investigation, including, without limitation, the identity of a witness, any procedure, testimony taken, document or other tangible evidence produced, or any answer made under this section is confidential and not subject to disclosure as a public book or record unless and until the filing of a civil action pursuant to this section, except if:
- 81st Session (2021) – 4 – (a) A report that includes a determination that the governmental authority did not engage in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United Sta(b) A report that includes a determination that the allegations that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State;State could not be substantiated;
(b) A report that includes a determination that the allegations that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State could not be substantiated;
In addition to the requirements set forth in this section, the Attorney General shall participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State.
- *AB58_R1* – 5 – 10.
Sec.Secs.
2.2 and 3.
3.
(Deleted by amendment.) Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, - 81st Session (2021) – 5 – 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045,118B.026,9.2119.260,30,119.265, 89.251,1119.267,116119.280,16B119A.280, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351,338.1727,333348.420,3.3349.597,07349.775,379353.205,93353A.049,5, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, - *AB58_R1* – 6 – 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, - 81st Session (2021) – 6 – 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993,463.15993,59.050, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800,678C.800,.380, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, - *AB58_R1* – 7 – 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Any such - 81st Session (2021) – 7 – copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has - *AB58_R1* – 8 – already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 46.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Taken from Secretary's desk. Placed on General File. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Taken from General File. Placed on Secretary's desk.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 78.) To printer.
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To committee.
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Read first time.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Assembly Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Judiciary
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.
Subjects
Frequently asked questions
- Who sponsors AB 58?
- AB 58 is sponsored by Assembly Committee on Judiciary.
- What is the current status of AB 58?
- This bill has been enacted into law. Introduced November 18, 2020. Enacted.
- Where can I track AB 58?
- Track AB 58 free on One Click Politics — get push/email alerts when it moves.
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