Nevada 2021 Regular Session Status: Enacted 1 D cosponsors

AB 253 — Revises provisions relating to governmental administration. (BDR 19-947)

Last action — Approved by the Governor. Chapter 247.

  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 March 12, 2021. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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

479 added · 510 removed

479 line(s) added, 510 removed.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
253 ASSEMBLY BILL N O.
253–Assemblywoman Considine CHAPTER..........
253–A SSEMBLYWOMAN CONSIDINE M ARCH 12, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration.
(BDR 19-947) 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.
revising provisions relating to when a subcommittee or working group of a public body is subject to the Open Meeting Law;
Under existing law, a subcommittee or working group of at least two persons who are appointed by certain public bodies is subject to the requirements of the Open Meeting Law if:
The Open Meeting Law authorizes a public body to conduct a meeting by authorizes, under certain circumstances, a public body to conduct a meeting using a remote technology system.
(1) a majority of the membership of the subcommittee or subcommittee or working group;
Section 1 defines “remote technology system” as a system or other means of communication which uses electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting even though the person is not physically present at the meeting.
or (2) the subcommittee or working group is authorized to make a recommendation to the public body to take any action.
(NRS 241.015) Section 1 of this bill provides, instead, that a subcommittee or working group is subject to the requirements of the Open Meeting Law if:
(1) a majority of the membership of the subcommittee or working group are members of the public body or staff;
and (2) at least two members of the subcommittee or working group are The Open Meeting Law authorizes a public body to conduct a meeting by means of teleconference or videoconference.
(NRS 241.023) Section 3 of this bill authorizes, under certain circumstances, a public body to conduct a meeting using a remote technology system.
Section 1 defines “remote technology system” as a system or other means of communication which uses electronic, digital or other similar technology to enable a person from a remote location to attend, participate, - *AB253_R1* – 2 – vote or take any other action in a meeting even though the person is not physically present at the meeting.
Additionally, sections 2 and 3 require that if a public body holds a meeting meeting, the public body is required to have an Internet website and post on its Internet website the notice of the meeting and any supporting material for the material.
Additionally, sections 2 and 3 require that if a public body holds a meeting using a remote technology system and does not have a physical location for the meeting, the public body is required to have an Internet website and post on its material.website the notice of the meeting and any supporting material for the Section 3 of this bill:
(1) sets forth certain requirements for a public body to hold a meeting using a remote technology system;
and (2) prohibits a public body whose members are all required to be elected officials from holding a meeting using a remote technology system unless the public body designates a physical location where members of the public may attend and participate in the meeting.
(NRS 241.0353) Section 5 of this bill provides, instead, that, subject to a qualified privilege, a witness who is testifying before a public body may publish defExisting law requires certain agencies of the Executive Department of the State Government, at the time of giving notice of intent to act upon a regulation, under certain circumstances, to deposit one copy of the notice and text of the proposed regulation with the librarian of the main public library in the county.
(NRS 241.0353) Section 5 of this bill provides, instead, that, subject to a defamatory matter as part of a public hearing.ng before a public body may publish Existing law requires certain agencies of the Executive Department of the State Government, at the time of giving notice of intent to act upon a regulation, under certain circumstances, to deposit one copy of the notice and text of the proposed regulation with the librarian of the main public library in the county.
Section 6 also requires to any person who requests a copy from the agency.format a copy of the notice and text THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 6 also requires - 81st Session (2021) – 2 – to any person who requests a copy from the agency.format a copy of the notice and text EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) A decision made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;
whether in person or by means of electronic communication, during a meeting of a public body;
or - *AB253_R1* – 3 – (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 public body.
and (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
and - 81st Session (2021) – 3 – intent to avoid the provisions of this chapter.ld with the specific (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 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 of electronic communication:
(3) To receive training regarding the legal obligations of the public body, including, without limitation, training conducted by an attorney employed or retained by the public body, the Office of the Attorney General or the Commission on Ethics, if at the gathering the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(3) To receive training regarding the legal obligations of the public body, including, without limitation, training conducted by an Attorney General or the Commission on Ethics, if at the gatheringhe the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
- *AB253_R1* – 4 – (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 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 388.750 396.405, if the administrative, advisory, executive or legislative body is created by:
(5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;
- 81st Session (2021) – 4 – created by a statute of this State or an ordinance of a localbody government;
or (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government, if the board, commission or committee has at least two members who are not employed by the public officer or entity;
or (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State members who are not employed by the public officer or entity;t two (c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201;
(c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201;
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 paragraph (a), (b) or (c) if:
(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;
(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 [;
or (2) The subcommittee or working group is authorized by the public body to make a recommendation to the public body for the public body to take any action.
or - *AB253_R1* – 5 – (2) The subcommittee or working group is authorized by the public body to make a recommendation to the public body for the public body to take any action.] or working group;
and (2) At least two members of the subcommittee or working group are members of the public body.
6.
means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting, even though the person is not physically present at the meeting.
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“Remote technology system” means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting, even though the person is not physically present at the meeting.
“Supporting material” means material that is provided to at least a quorum of the members of a public body by a member of or staff to the public body and that the members of the public body would reasonably rely on to deliberate or take action on a matter contained in a published agenda.
“Supporting material” means material that is provided to at least a quorum of the members of a public body by a member of or staff to the public body and that the members of the public body - 81st Session (2021) – 5 – would reasonably rely on to deliberate or take action on a matter contained in a published agenda.
[7.] 8.
Saturday, Sunday and any day declared to be a legal holidayt pursuant to NRS 236.015.
“Working day” means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.
No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the meeting have reached maximum capacity if reasonable efforts were - *AB253_R1* – 6 – taken to accommodate the anticipated number of attendees.
No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the taken to accommodate the anticipated number of attendees.
and (3) Provide live public comment during the meeting and, if authorized by the public body, provide prerecorded public comment.
and - 81st Session (2021) – 6 – authorized by the public body, provide prerecorded public and, if comment.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.
- *AB253_R1* – 7 – 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).
Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting.
Regardless of pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting.
(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.
- 81st Session (2021) – 7 – 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.
Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.
Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upo4.vieMinimum public notice is:
4.
Minimum public notice is:
of the third working - *AB253_R1* – 8 – 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 unable to do so because of technical problems relating to theis operation or maintenance of the official website of the State .
(1) Delivered to the postal service used by the public body not later than 9 a.m.
- 81st Session (2021) – 8 – (1) Delivered to the postal service used by the public body not later than 9 a.m.
or (2) [If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted] Transmitted to the requester by electronic mail sent not later than 9 a.m.
or (2) [If feasible for the public body and the requester has Transmitted to the requester by electronic mail sent not later than 9 a.m.
The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
The inability of a public body to post notice of a meeting pursuant to this not be deemed to be a violation of the provisions of this chapter.l 7.
7.
- *AB253_R1* – 9 – (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 or confidentiality agreement which relates to proprietary information;
or (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
or - 81st Session (2021) – 9 – by each person whose interest is being protected under the order of confidentiality.
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 requester at the same time the material is provided to the members of the public body.
Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 7.
Such posting is supplemental to the right of the public to request the supporting material pursuant to technical problems with its website, to post supporting materialf 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.
- *AB253_R1* – 10 – 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.
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 - 81st Session (2021) – 10 – will accept receipt by electronic mail.
and (b) Post to its Internet website:
and (b) (1) The public notice required by this section;
(1) The public notice required by this section;
or (b) Any impairment of the health and safety of the public.
or Sec.
Sec.
NRS 241.023 is hereby amended to read as follows:
imNRS 241.023 is hereby amended to read as follows:
- *AB253_R1* – 11 – (1) Attend and participate at a physical location designated for the meeting where members of the public are permitted to attend and participate [.] ;
- 81st Session (2021) – 11 – for the meeting where members of the public are permitted to attend and participate [.] ;
(c) The public body can reasonably ensure that any person who is not a member of the public body or a member of the public but is otherwise required or allowed to participate in the meeting is able to participate in the portion of the meeting that pertains to them using the remote technology system.
(c) The public body reasonably ensures that any person who is not a member of the public body or a member of the public but is otherwise required or allowed to participate in the meeting is able to participate in the portion of the meeting that pertains to the person using the remote technology system.
2.
The public body shall be deemed to have complied with the requirements of this paragraph if the public body provides the person with a web-based link and a telephone number, in case of technical difficulties, that allows the person in real time to attend and participate in the meeting.
A public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate unless the public body complies with the provisions of subsection 11 of NRS 241.020.
Nothing in this paragraph requires a public body to individual hardware, software or other technical issues.erson’s 2.
If all members of a public body:
(a) Are required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate.
(b) Are not required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate unless the public body complies with the provisions of subsection 11 of NRS 241.020.
If any member of a public body attends a meeting by means of [teleconference or videoconference,] a remote technology system, the chair of the public body, or his or her designee, must make reasonable efforts to ensure that:
If any member of a public body attends a meeting by means of [teleconference or videoconference,] a remote technology system, the chair of the public body, or his or her designee, must mak(a) Members of the public body and members of the public present at the physical location of the meeting can hear or observe each member attending by [teleconference or videoconference;] a remote technology system;
(a) Members of the public body and members of the public present at the physical location of the meeting can hear or observe each member attending by [teleconference or videoconference;] a remote technology system;
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 81st Session (2021) – 12 – Sec.
233B.0607 1.
notice of intent to act upon a regulation required pursuant to NRS 233B.060:
The agency shall at the time of giving the notice of intent to act upon a regulation required pursuant to NRS 233B.060:
- *AB253_R1* – 12 – (b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public;
(b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public;
and (c) [If the agency does not maintain an office in a county, public library in the county.] Post a copy of the notice and text ofin the proposed regulation on the Internet website of the agency.
and (c) [If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.] Post a copy of the notice and text of the proposed regulation on the Internet website of the agency.
H - *AB253_R1*
Sec.
7.
This act becomes effective upon passage and approval.
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 247.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 647 concurred in. To enrollment.

  4. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 18, Nays: 3.) To Assembly. In Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 647.) To printer.

  8. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. To Senate.

  10. Read third time. Passed, as amended. Title approved. (Yeas: 28, Nays: 14.) To printer.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 287.) Dispensed with reprinting.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

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 technology
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

Who sponsors AB 253?
AB 253 is sponsored by Considine, Venicia (Democratic).
What is the current status of AB 253?
This bill has been enacted into law. Introduced March 12, 2021. Enacted.
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