Nevada 2023 Regular Session Status: Enacted

AB 52 — Makes various changes to the Open Meeting Law. (BDR 19-416)

Last action — Approved by the Governor. Chapter 198.

  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 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 05, 2023.

Prognosis

Advancing 50% · 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.

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

1002 added · 1066 removed

1002 line(s) added, 1066 removed.

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(Reprinted with amendments adopted on May 23, 2023) FIRST REPRINT A.B.
Assembly Bill No.
52 ASSEMBLY BILL NO .
52–Committee on Government Affairs CHAPTER..........
52–COMMITTEE ON GOVERNMENT AFFAIRS (ON B EHALF OF THE A TTORNEY G ENERAL ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes to the Open Meeting Law.
(BDR 19-416) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiThe Open Meeting Law requires that meetings of public bodies be open to the public, with limited exceptions set forth specifically in statute.
The Open Meeting Law requires that meetings of public bodies be open to the public, with limited exceptions set forth specifically in statute.
(1) there must be a gathering of be gathering to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(1) there must be a gathering of members of a public body at which a quorum is present;
In addition, a “meeting” occurs for purposes of the Open Meeting Law when a collective quorum of the members of a public body attend a series of gatherings of - *AB52_R1* – 2 – provisions of the Open Meeting Law.
and (2) the members must be gathering to deliberate toward a decision or to take action on any matter over addition, a “meeting” occurs for purposes of the Open Meeting Law when a power.
A “meeting” does not occur for purposes of the Open Meeting Law where a quorum of members of a public body receives information from its attorney regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and deliberate toward a decision, but not take action, on the matter.
In collective quorum of the members of a public body attend a series of gatherings of less than a quorum of a public body held with the specific intent to avoid the provisions of the Open Meeting Law.
The Open Meeting Law further provides that a “meeting” does not occur if there is a gathering or series of gatherings of a quorum of members of a public body:
A “meeting” does not occur for purposes of the Open Meeting Law where a quorum of members of a public body receives information from its attorney regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory Open Meeting Law further provides that a “meeting” does not occur if there is a gathering or series of gatherings of a quorum of members of a public body:
(1) which occurs at a social function if the members do not deliberate toward a control, jurisdiction or advisory power;
(1) which occurs at a social function if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power;
or (2) to receive training regarding the legal obligations of the public body if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power.
or (2) to receive training regarding the legal obligations of the public body if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, nonsubstantive changes to reorganize the definition of “meeting” to make clear that a meeting does not occur for purposes of the Open Meeting Law if the members of a public body, regardless of the presence of an actual or collective quorum of those members, do not deliberate or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power.
Section 4 of this bill makes technical, nonsubstantive changes to reorganize the definition of “meeting” to make clear that a meeting does not occur for purposes of the Open Meeting Law if the members of a public body, regardless of the presence of an actual or collective quorum of those members, do not deliberate or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power.
For purposes of the Open Meeting Law, a quorum is defined as a simple provided in law for that public body.
majority of the membership of a public body unless a different proportion is provided in law for that public body.
(NRS 241.015) Under existing law, some - 82nd Session (2023) – 2 – public bodies include nonvoting members as well as voting members and, for some such public bodies, existing law specifies whether nonvoting members are counted for purposes of determining a quorum.
(NRS 241.015) Under existing law, some public bodies include nonvoting members as well as voting members and, for some such public bodies, existing law specifies whether nonvoting members are counted for purposes of determining a quorum.
Section 2 of this bill specifies that, unless otherwise provided by specific statute or unless all members of the public body must be elected officials, if a vacancy occurs votes necessary to take action on a matter is reduced as though the voting of membership does not include the vacancy.
Section 2 of this bill specifies that, unless otherwise provided by specific statute or in the voting membership of a public body, the necessary quorum and number of occurs votes necessary to take action on a matter is reduced as though the voting membership does not include the vacancy.
The Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person, or to consider an appeal by body unless it has given written notice to that person of the time and place of the meeting and received proof of service of the notice.
The Open Meeting Law prohibits, with certain exceptions, a public body from holding 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 given written notice to that person of the time and place of the meeting and received proof of service of the notice.
(NRS 241.033) Section 6 of this bill adds to the methods by which such notice may be given and revises the deadlines for providing such notice.
(NRS 241.033) Section 6 of this bill adds to the methods by which such notice may be given and revises the deadlines for providing such notiThe Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider whether to:
The Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider whether to:
or (2) acquire real property owned by a person by the exercise of the power the time and place of the meeting and received proof of service of such notice.
or (2) acquire real property owned by a person by the exercise of the power of eminent domain unless the public body has given written notice to that person of the time and place of the meeting and received proof of service of such notice.
Section 3 adds to the manners by which notice of a meeting to consider whether to - *AB52_R1* – 3 – take administrative action against a person may be given.
Section 3 adds to the manners by which notice of a meeting to consider whether to take administrative action against a person may be given.
Under existing law, with certain exceptions, if a public officer on a body or committee abstains from voting on a matter because of certain conflicts of interest, as required by the Nevada Ethics in Government Law, the necessary quorum and the number of votes necessary to act upon the matter is reduced as though the The Open Meeting Law provides that in a county whose population is 45,000 or more (currently Carson City and Clark, Douglas, Elko, Lyon, Nye and Washoe Counties), the reduction in the necessary quorum and the number of votes necessary to act upon the matter does not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required.
Under existing law, with certain exceptions, if a public officer on a body or committee abstains from voting on a matter because of certain conflicts of interest, as required by the Nevada Ethics in Government Law, the necessary quorum and the number of votes necessary to act upon the matter is reduced as though the member abstaining were not a member of the body or committee.
(NRS 241.0355) Sections 9 and 10 of this bill eliminate the requirement legal counsel in order to reduce the necessary quorum and the number of voteshe necessary to act upon the matter.
(NRS 281A.420) more (currently Carson City and Clark, Douglas, Elko, Lyon, Nye and Washoeor Counties), the reduction in the necessary quorum and the number of votes necessary to act upon the matter does not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required.
Existing law requires the appointment of committees to prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum, county ballot measures and city ballot measures.
(NRS 241.0355) Sections 9 and 10 of this bill eliminate the requirement that the member of such a public body receives and discloses the opinion of the legal counsel in order to reduce the necessary quorum and the number of votes necessary to act upon the matter.
(NRS 293.252, 295.121, 295.217) Under existing law, the provisions of the Open Meeting Law do not apply to any consultations, deliberations, hearings or meetings that are of county ballot measures.
- 82nd Session (2023) – 3 – Existing law requires the appointment of committees to prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum, county ballot measures and city ballot measures.
(NRS 295.121) Sections 11 and 12 of this bill alsol exempt from the Open Meeting Law consultations, deliberations, hearings or meetings that are conducted by:
(NRS 293.252, 295.121, 295.217) Under existing law, the provisions of the Open Meeting conducted by committees that prepare arguments advocating or opposing approvalt are of county ballot measures.
(NRS 295.121) Sections 11 and 12 of this bill also exempt from the Open Meeting Law consultations, deliberations, hearings or meetings that are conducted by:
and (2) committees that prepare arguments advocating or opposing approval of city ballot measures.
and (2) committees that prepare arguments advocating or opposing to indicate these additional exemptions from the Open Meeting Law.onforming change The Open Meeting Law defines a “public body” to include a library foundation, an educational foundation and a university foundation if the foundation is created in a specified manner.
Section 5 of this bill makes a conforming change to indicate these additional exemptions from the Open Meeting Law.
(NRS 241.015) Sections 13 and 14 of this bill clarify that the Open Meeting Law only applies to a library foundation or an educational foundation if the foundation meets the definition of a “public body.” (NRS university foundation.tion 4 provides that the Open Meeting Law applies to a EXPLANATION – Matter in bolded italics is new;
The Open Meeting Law defines a “public body” to include a library foundation, a specified manner.
matter between brackets [omitted material] is material to be omitted.
(NRS 241.015) Sections 13 and 14 of this bill clarify that the in Open Meeting Law only applies to a library foundation or an educational foundation if the foundation meets the definition of a “public body.” (NRS 379.1495, 388.750) Section 4 provides that the Open Meeting Law applies to a university foundation.
- *AB52_R1* – 4 – 2.
2.
(c) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting;
- 82nd Session (2023) – 4 – (c) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting;
or (d) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.
or (d) If the public body makes decisions directly concerning the or her place of employment during a time at which the person is his required to be present at work that is at least 7 calendar days before the meeting.
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(a) Disasters caused by fire, flood, earthquake or other natural causes;
causes;
or (b) Any impairment of the health and safety of the public.
orasters caused by fire, flood, earthquake or other natural (b) Any impairment of the health and safety of the public.
- *AB52_R1* – 5 – Sec.
Sec.
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the voting members present, whether in person , by use of a remote technology system or by means of electronic communication, during a meeting of the public body;
- 82nd Session (2023) – 5 – official, an affirmative vote taken by a majority of the voting members present, whether in person , by use of a remote technology system or by means of electronic communication, during a meeting of the public body;
The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.
The term includes, without limitation, the collective discussion or exchange of facts pre[3.] 4.y “Meeting”:imate decision.
[3.] 4.
“Meeting”:
and - *AB52_R1* – 6 – (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
and intent to avoid the provisions of this chapter.ld with the specific (b) Does not include any gathering or series of gatherings of members of a public body 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.
(b) Does not include any gathering or series of gatherings of members of a public body 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.
(c) 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 , by - 82nd Session (2023) – 6 – communication [:technology system or by means of electronic (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.
(c) 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 , by use of a remote technology system or by means of electronic communication [:
(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.
[(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 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, jur4.] 5.
4.] 5.
(2) Any statute of this State;
- *AB52_R1* – 7 – (4) The Nevada Administrative Code;
(4) The Nevada Administrative Code;
(b) Any board, commission or committee consisting of at least two persons appointed by:
- 82nd Session (2023) – 7 – (b) Any board, commission or committee consisting of at least two persons appointed by:
(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;
(1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee Department of the State Government;t employees of the Executive (2) An entity in the Executive Department of the State Government, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection;
(2) An entity in the Executive Department of the State Government, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection;
and (e) A university foundation as defined in subsection 3 of NRS 396.405.
and (e) A university foundation as defined in subsection 3 of NRS6.96“Quorum” means a simple majority of the voting membership of a public body or another proportion established by law.
6.
“Quorum” means a simple majority of the voting membership of a public body or another proportion established by law.
- *AB52_R1* – 8 – [7.] 8.
[7.] 8.
The term includes, without limitation, written records, audio recordings, video recordings, photographs and digital data.
The term includes, without - 82nd Session (2023) – 8 – limitation, written records, audio recordings, video recordings, photographs and digital data.
“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.
“Working day” means every day of the week except Saturday, Sunday and any day declared to be a legal holiday purSec.
Sec.
5.o NNRS 241.016 is hereby amended to read as follows:
5.
NRS 241.016 is hereby amended to read as follows:
Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 293.252, 295.121, 295.217, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:
Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 293.252, 295.121, 295.217, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter;
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter;
- *AB52_R1* – 9 – 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 - 82nd Session (2023) – 9 – results of an examination conducted by or on behalf of the public body unless it has:
or (4) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.
or the employment of the person, delivered personally to the persong at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.
and (2) A statement of the provisions of subsection 4, if applicable.
and applicable.A statement of the provisions of subsection 4, if 3.
3.
- *AB52_R1* – 10 – 4.
4.
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:
If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, - 82nd Session (2023) – 10 – professional competence, or physical or mental health of a person, the public body must allow that person to:
(a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;
(a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, is considered;ompetence, or physical or mental health of the person (b) Have an attorney or other representative of the person’s choosing present with the person during the closed meeting;
(b) Have an attorney or other representative of the person’s choosing present with the person during the closed meeting;
7.
For the purposes of this section:
or - *AB52_R1* – 11 – (2) Acquire] acquire real property owned by a person by the exercise of the power of eminent domain [, ] unless the public body has given written notice to that person of the time and place of the meeting.
or - 82nd Session (2023) – 11 – exercise of the power of eminent domain [,owned by a person by the ] unless the public body has given written notice to that person of the time and place of the meeting.
[3.
section is not required if:therwise required pursuant to this (a) The public body provided written notice to the person pursuant to NRS 241.033 before holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of the person;
The written notice otherwise required pursuant to this section is not required if:
(a) The public body provided written notice to the person pursuant to NRS 241.033 before holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of the person;
(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 - *AB52_R1* – 12 – 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 - 82nd Session (2023) – 12 – copy of the prepared remarks if the member of the general public submits a copy for inclusion.
Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive.
Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inc(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure.
Minutes of meetings closed pursuant to:
(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure.
(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 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 minutes any references to the real name of the person who appealed the minutes upon request whether or not they become public a copy of records.
That person is entitled to a copy of the minutes upon request whether or not they become public records.
Except as otherwise provided in subsection 8, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS.
Except as otherwise provided in subsection 8, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or - 82nd Session (2023) – 13 – certified pursuant to chapter 656 of NRS.
If a public body makes an - *AB52_R1* – 13 – 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 audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services relating to the transcription of a meeting.
The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services rel6.ingA court reporter who transcribes a meeting is not required to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter directly to a member of the public at no charge.
6.
A court reporter who transcribes a meeting is not required to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter directly to a member of the public at no charge.
If a public body makes a good faith effort to comply with the provisions of subsections 4 and 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.
If a public body makes a good faith effort to comply with the provisions of subsections 4 and 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 violation of the provisions of this chapter.
Sec.
not constitute a Sec.
A] Except as otherwise provided in subsection 5 of NRS 281A.420, a public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action.
A] Except as otherwise provided in subsection of NRS 281A.420, a public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action.
[2.
- 82nd Session (2023) – 14 – provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420.
In a county whose population is 45,000 or more, the provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel - *AB52_R1* – 14 – authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420.
(c) Which would reasonably be affected by the public officer’s or employee’s commitment in a private capacity to the interests of another person;
or employee’s commitment in a private capacity to the interests of another person;
or (d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410, without disclosing information concerning the gift or loan, the significant pecuniary interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private capacity or upon the private person who was represented or counseled by the public officer or employee.
or (d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410, without disclosing information concerning the gift or loan, the significant pecuniary interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private counseled by the public officer or employee.
If the public officer or employee is not a member of such a body and holds an appointive office, the public officer or employee shall make the disclosure to the supervisory head of the public officer’s or employee’s organization or, if the public officer holds an elective office, to the general public in the area from which the public officer is elected.
If the public officer or employee is not a member of such a body and holds an appointive office, the public officer or employee shall make the disclosure to the supervisory head of the public officer’s or employee’s organization - 82nd Session (2023) – 15 – in the area from which the public officer is elected.o the general public 2.
2.
- *AB52_R1* – 15 – 3.
3.
or (c) The public officer’s commitment in a private capacity to the interests of another person.
or (c) The public officer’s commitment in a private capacity to the int4.estIn interpreting and applying the provisions of subsection 3:
4.
In interpreting and applying the provisions of subsection 3:
(b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer makes a proper disclosure at the time the matter is considered and in the manner required by subsection 1.
deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer makes a proper disclosure at the time the matter is considered and in the manner required by subsection 1.
Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.
Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in - 82nd Session (2023) – 16 – person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.
[Except as otherwise provided in NRS 241.0355, if] If a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as - *AB52_R1* – 16 – fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
[Except as otherwise provided in NRS 241.0355, if] If a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
or (b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.
or (b) Require a member of a local legislative body to take any legislative measure.fore or while requesting or introducing a 7.
7.
The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.
The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section of Article 4 of the Nevada Constitution.
293.252 1.
measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees.
For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees.
2.
- 82nd Session (2023) – 17 – who are willing to serve on a committee, the Secretary of State mays appoint fewer than three persons to that committee, but the Secretary of State must appoint at least one person to each committee appointed pursuant to this section.
If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, the Secretary of State may appoint fewer than three persons to that committee, but the Secretary of State must appoint at least one person to each committee appointed pursuant to this section.
- *AB52_R1* – 17 – (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.
(a) Any person who has expressed an interest in serving on the committee;
committee;
and (b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
andson who has expressed an interest in serving on the (b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
to paragraphs (d) and (e):e argument and rebuttal prepared pursuant (1) The fiscal impact of the initiative or referendum;
(1) The fiscal impact of the initiative or referendum;
6.
- 82nd Session (2023) – 18 – 6.
and (b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.
and (b) The date by which an argument and rebuttal prepared Secretary of State.ction must be submitted by a committee to the 7.
7.
- *AB52_R1* – 18 – The decision of the Secretary of State to reject a statement pursuant to this subsection is a final decision for the purposes of judicial review.
The decision of the Secretary of State to reject a statement pursuant to this subsection is a final decision for the purposes of judicial review.
9.
consultations, deliberations, hearings or meetings conducted any pursuant to this section.
The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, - 82nd Session (2023) – 19 – referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
If, after consulting with the city clerk pursuant to subsection committee, the council may appoint fewer than three persons toerve on a that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
- *AB52_R1* – 19 – (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
and (b) Appoint members to a committee pursuant to subsection 1.
and 5.) ABefore the council appoints a committee pursuant to this section, the city clerk shall:
5.
Before the council appoints a committee pursuant to this section, the city clerk shall:
If the council fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question.
If the council fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, - 82nd Session (2023) – 20 – clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8.
Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8.
- *AB52_R1* – 20 – (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
to paragraphs (d) and (e):e argument and rebuttal prepared pursuant (1) The anticipated financial effect of the initiative, referendum or other question;
(1) The anticipated financial effect of the initiative, referendum or other question;
9.
this section, the city clerk:gument or rebuttal prepared pursuant to (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains;
Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains;
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court.
Not - 82nd Session (2023) – 21 – this subsection, the committee may appeal that rejection by filing ato complaint in district court.
If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481.
If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 3 of NRS 293.481.
This subsection does not apply to a question if the date that the question - *AB52_R1* – 21 – must be submitted to the city clerk is governed by subsection 3 of NRS 293.481.
and (d) May allow a trustee or the executive director or other head administrator, or a designee thereof, of the library which it supports to serve as a member of its governing body.
and (d) May allow a trustee or the executive director or other head to serve as a member of its governing body.e library which it supports 2.
2.
Sec.
- 82nd Session (2023) – 22 – Sec.
(a) Shall comply with the provisions of chapter 241 of NRS [;] if the educational foundation is a public body, as defined in NRS 241.015;
(a) Shall comply with the provisions of chapter 241 of NRS [;] if the educational foundation is a public body, as defined in NRS(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
and - *AB52_R1* – 22 – (c) Exempt from taxation pursuant to 26 U.S.C.
and (c) Exempt from taxation pursuant to 26 U.S.C.
To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.
To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory bod2.
2.
In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:
In reviewing the findings and - 82nd Session (2023) – 23 – recommendations of the hearing panel or officer, the regulatory body may:
(b) Reject the findings and recommendations and remand the case to the hearing panel or officer;
case to the hearing panel or officer;endations and remand the (c) Reject the findings and recommendations and order a hearing de novo before the regulatory body;
(c) Reject the findings and recommendations and order a hearing de novo before the regulatory body;
If the Board finds that probable cause exists for the revocation of a license, permit or certificate issued by the Board - *AB52_R1* – 23 – pursuant to the provisions of this chapter or chapter 451 or 452 of NRS, and that enforcement of the provisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of the license, permit or certificate pending an investigation, the Board may, upon 5 days’ written notice and a preliminary hearing, enter an order suspending the license, permit or certificate for a period of not more than 60 days, pending a hearing upon the revocation of the license, permit or certificate.
If the Board finds that probable cause exists for the revocation of a license, permit or certificate issued by the Board pursuant to the provisions of this chapter or chapter 451 or 452 of NRS, and that enforcement of the provisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of the may, upon 5 days’ written notice and a preliminary hearing, enter an order suspending the license, permit or certificate for a period of not more than 60 days, pending a hearing upon the revocation of the license, permit or certificate.
1.
- 82nd Session (2023) – 24 – is violating or is threatening to or intends to violate any provision of this chapter or chapter 440, 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.
If the Board has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter or chapter 440, 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
administering a nursing facility or residential facility or of any offense involving moral turpitude.
- *AB52_R1* – 24 – (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and [241.034.] section 3 of this act.
If a licensee requests a hearing pursuant to subsection 1, the NRS 233B.121 and [241.034.] section 3 of this act.
A licensee may waive, in writing, his or her right to attend the hearing.
A licensee mayt to waive, in writing, his or her right to attend the hearing.
The Board may compel the attendance of witnesses or the adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board.
The Board may compel the attendance of witnesses or the production of documents or objects by subpoena.
The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board.
4.
- 82nd Session (2023) – 25 – conclusions of law supporting that order are public records.
An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
fact and 5.
5.
H - *AB52_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 198.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 686 concurred in. To enrollment.

  4. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 7, Excused: 1.) To Assembly. In Assembly.

  5. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 686.) To printer.

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

  8. Read third time. Passed. Title approved. (Yeas: 31, Nays: 11.) To Senate.

  9. Read second time.

  10. From committee: Do pass.

  11. Read first time. To committee.

  12. From printer.

  13. 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.

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.

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

elections
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