Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB253 R1 647 Amendment No.
253–Assemblywoman647 ConsidineSenate CHAPTER..........Amendment to Assembly Bill No.
253 First Reprint (BDR 19-947) Proposed by:
Senate Committee on Government Affairs Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
NAS/HAC - Date:
5/17/2021 A.B.
No.
253—Revises provisions relating to governmental administration.
(BDR 19-947) Page 1 of 11 *A_AB253_R1_647* Senate Amendment No.
647 to Assembly Bill No.
253 First Reprint Page 3 A SSEMBLY BILLN O.
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;] setting forth certain requirements for meetings of public bodies that use remote technology systems;
The[ OpenUnder Meetingexisting Lawlaw, authorizes a publicsubcommittee bodyor toworking conductgroup aof meetingat byleast authorizes,two underpersons certainwho circumstances,are aappointed by certain public bodybodies is subject to conductthe arequirements meetingof usingthe aOpen remoteMeeting technologyLaw system.if:
of the public body that appointed the subcommittee or working group;
or (2) thers or staff 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 members of the public body.] 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 2 of this bill requires the notice of a public meeting that uses a remote technology system to include information about how a member of the public may hear, observe, participate in and provide public comment at the meetThe Open Meeting Law sets forth the minimum public notice requirements of a meeting, which include 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 throughis to be held, and at not less than three other separate, prominent places within the remotejurisdiction technologyof system.the public body not later than Senate Amendment No.
meeting,647 which include 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 beAssembly held,Bill andNo. at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m.
253 First Reprint Page 4 9 a.m.
(NRS 241.020) Section 2 of this bill requires,public instead,body.stead, that the public body post a copy of the notice at the principal office of the Additionally, sections 2 and 3 require that if a public body.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 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:
The Open Meeting Law provides that a witness who is testifying before a public body is absolutely privileged to publish defamatory matter as part of a public hearing.
(NRS(NRSdy is 241.0353) Section 5 of this bill provides, instead, that, subject to a defamatoryqualified matterprivilege, asa partwitness ofwho ais publictestifying hearing.ng before a public body may publish Existingdefamatory lawmatter requiresas certainpart 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 libraryhearing. in the county.
(NRSExisting 233B.0607)law Sectionrequires 6certain agencies of thisthe billExecutive requires,Department instead,of thatthe State Government, at the agencytime postof giving notice of intent to act upon a regulation, under certain circumstances, to deposit one copy of the notice and text onof the Internetproposed websiteregulation with the librarian of the agency.main public library in the county.
(NRS 233B.0607) Section 6 alsoof requiresthis -bill 81strequires, Sessioninstead, (2021)that –the 2agency –post a copy of the notice and text on the Internet website of copy of the notice and text to any person who requests a copy from the agency.formatagency.ctronic format a copyTHE ofPEOPLE theOF noticeTHE andSTATE textOF EXPLANATIONNEVADA, –REPRESENTED MatterIN inSENATE boldedAND italicsASSEMBLY, isDO new;ENACT AS FOLLOWS:
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;
(II)Senate TheAmendment membersNo. of the public body attending one or more of the gatherings collectively constitute a quorum;
and647 - 81st Session (2021) – 3 – intent to avoidAssembly theBill provisionsNo. 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:
253 First Reprint Page 5 (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum;
and (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(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 gatheringhegathering 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.
(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:
-(5) 81stA Sessionresolution (2021)or –other 4formal –designation by such a body created by a statute of this State or an ordinance of a localbodylocal government;
or (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State membersGovernment, whoif are not employed by the publicboard, officercommission or entity;tcommittee twohas (c)at Aleast limited-purposetwo associationmembers thatwho isare creatednot foremployed aby ruralthe agriculturalpublic residentialofficer common-interestor communityentity; as defined in subsection 6 of NRS 116.1201;
Senate Amendment No.
647 to Assembly Bill No.
253 First Reprint Page 6 (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;
(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;subcommittee ;
5.[or working group;
and (2) At least two members of the subcommittee or working group are members of the public body.] 5.
means6. 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.
“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 - 81st Session (2021) – 5 – would reasonably rely on to deliberate or take action on a matter contained in a published agenda.
Saturday,[7.] Sunday8. 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 taken to accommodate the anticipated number of attendees.
(a)Senate TheAmendment time,No. place and location of the meeting.
647 to Assembly Bill No.
253 First Reprint Page 7 (a) The time, place and location of the meeting.
and -(3) 81stProvide Sessionlive (2021)public –comment 6during –the meeting and, if 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.
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-subparagraphsub- 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.
-(4) 81stIf Sessionany (2021)portion –of 7the –meeting will be closed to consider the character, alleged misconduct or professional competence of aera person, the name of the person whose character, alleged misconduct or professional competence will be considered.
(7)Senate AnyAmendment restrictionsNo. on comments by the general public.
Any647 suchto restrictionsAssembly mustBill beNo. reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upo4.vieMinimum public notice is:
253 First Reprint Page 8 (7) Any restrictions on comments by the general public.
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.
4.
Minimum public notice is:
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 theisthe operation or maintenance of the official website of the State .
- 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.
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.lchapter. 7.
7.
and (c)Senate SubjectAmendment toNo. the provisions of subsection 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:
647 to Assembly Bill No.
253 First Reprint Page 9 (c) Subject to the provisions of subsection 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:
or -(3) 81stDeclared Sessionconfidential (2021)by –law, 9unless –otherwise agreed to 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.
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 shall7. 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 available by electronic mail, the public body shall inquire of a person who -requests 81stthe Sessionnotice, (2021)information –or 10supporting –material if the person will accept receipt by electronic mail.
11.Senate Amendment No.
647 to Assembly Bill No.
253 First Reprint Page 10 11.
and (b) (1)Post Theto publicits noticeInternet requiredwebsite: by this section;
(1) The public notice required by this section;
or Sec.(b) Any impairment of the health and safety of the public.
Sec.
imNRSNRS 241.023 is hereby amended to read as follows:
-(1) 81stAttend Sessionand (2021)participate –at 11a –physical location designated for the meeting where members of the public are permitted to attend and participate [.] ;
(c) The public body [can] reasonably [ensure] 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 [them] the person using the remote technology system.
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-basedweb- 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.
Nothing in this paragraph requires a public body to provide a person with technical support to address the person’s individual hardware, software or other technical issues.erson’sissues. 2.
If2. all members of a public body:
[A] If all members of a public body:
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)make Membersreasonable ofefforts theto publicensure bodythat: 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;
Senate Amendment No.
647 to Assembly Bill No.
253 First Reprint Page 11 (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.) - 81st Session (2021) – 12 – Sec.
notice233B.0607 of1. 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:
~~~~~ 21 - 81st Session (2021)