AB 219 — Makes various changes to the Open Meeting Law. (BDR 19-781)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

219219–Assemblywoman AConsidine SSEMBLYCHAPTER.......... B ILLN O.

219–A SSEMBLYWOMAN CONSIDINE FEBRUARY 23, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes to the Open Meeting Law.

(BDR 19-781) 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.

LegTheLegiThe Open Meeting Law requires a public body to have periods devoted to comments by the general public, if any, and discussion of those comments at a meeting.

or (2) after each agenda item on which action may be taken is discussed by the public body, but before the public body takes action on the item.

Further, a public body may have additional public comment periods in addition to the minimum requirements and 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 point before the adjournment of the meeting.

(NRS 241.020) Section 1 of this bill reorganizes the existing - *AB219_R1* – 2 – requirements for public comment periods into a new section of the Open Meeting Law.

Section 1 further provides that if the agenda for a meeting authorizes the continuation of the meeting of a public body to one or more other calendar days, publicheld commentbefore mustany item on which action may be held:taken is heard by the public body and again before the meeting recesses for the day or adjourns;

(1)or at(2) theafter beginning of each dayitem thaton the meetingagenda is held before any item on which action may be taken is hearddiscussed by the public body andbut again before the meetingpublic recessesbody fortakes theaction dayon orthe adjourns;item.

orThe (2) after each item on the agenda on which action may be taken is discussed by the public body but before theThe Open Meeting Law requires that written notice of all meetings of a public body be given at least 3 working days before the meeting.

The notice must include an agenda consisting of, in relevant part, certain information related to periods devotedmeeting is being held using a remote technology system and does not have ahat, if a physical location designated for the meeting where members of the general public are permitted to attend and participate, the agenda must also include clear and complete instructions for a member of the general public comment.to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number and any necessary identification number of the meeting or other access code.

(NRS- 241.020)82nd SectionSession 2(2023) of– this2 bill– requiresThe that,Open ifMeeting aLaw meetingprovides isthat beingminimum heldpublic usingnotice aof remote technology system and does not have a physical location designated for the meeting where members of thea general public arebody permittedincludes toposting attend and participate, the agenda must also include clear and complete instructions for a membercopy of the generalnotice publicat to be able to call in to the numberprincipal andoffice any necessary identification number of the meetingpublic orbody. other access code.

The(NRS Open241.020) MeetingSection Law2 instead provides that minimuma publiccopy of the notice ofphysical alocation, at the building in which the meeting ofis to be held.meeting has a publicThe bodyOpen includesMeeting postingLaw authorizes, under certain circumstances, a copypublic ofbody theto noticeconduct ata themeeting principalby officemeans of thea publicremote body.technology system.

(NRS 241.020)241.023) Section 23 insteadof this bill provides that anotwithstanding copysuch ofauthority theto noticeconduct musta bemeeting postedby atmeans theof principala officeremote oftechnology thesystem, a public body,body or,may ifnot thehold meetingtechnology hassystem without a physical location,location atdesignated for the buildingmeeting inwhereote whichmembers of the meetinggeneral ispublic are permitted to beattend held.and participate.

toSection conduct3 further requires clear and complete instructions for a member of the general public to be able to call in to the meeting byto meansprovide ofpublic comment, including, without limitation, a remotetelephone technologynumber system.and any necessary identification number of the devoted to public comment.de, to be made verbally before the first period of the day EXPLANATION – Matter in bolded italics is new;

(NRSmatter 241.023)bodybetween Sectionbrackets 3[omitted ofmaterial] thisis billmaterial provides that notwithstanding such authority to conductbe aomitted. meeting by means of a remote technology system, a public body may not hold certain meetings relating to contested cases and regulations by means of a remote technology system without a physical location designated for the meeting where members of the general public are permitted to attend and participate.

Section 3 further requires clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without meeting or other access code, to be made verbally before the first period of the day devoted to public comment.

- *AB219_R1* – 3 – 2.

- 82nd Session (2023) – 3 – 4.

(a) At the beginning of each day that the meeting is held before any item on which action may be taken is heard by the public body and again before the meeting recesses for the day or the adjournment of the meeting;

If any portion of a meeting is open to the public, the public officers and employees responsible for the meeting must make reasonable efforts to ensure the facilities for the meeting are large enoughviolation 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.

NoNothing violationin of this chaptersubsection occursrequires if a memberpublic ofbody theto publicincur isany notcosts permitted to attendsecure a publicfacility meetingoutside because the facilitiescontrol foror jurisdiction of the meetingpublic havebody reachedor maximumto capacityupgrade, ifimprove reasonableor effortsotherwise weremodify takenan existing facility to accommodate the anticipated number of attendees.

Nothing - *AB219_R1* – 4 – in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.

(1)- Use82nd Session (2023) – 4 – the meeting;se the remote technology system to hear and observe (2) Participate in the meeting;meeting by telephone;

(2) Participate in the meeting by telephone;

(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items bybyaken 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 - *AB219_R1* – 5 – required pursuant to sub-subparagraph (I) or (II).

Regardless ofofs 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.

No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an- item82nd uponSession which(2023) – 5 – subparagraph (2).] action may be taken pursuant to subparagraph (2).] (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.

Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based place upon viewpoint.

If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet website of the public body not later than 9 a.m.

of the third working day before the meeting is to be held unless the public body - *AB219_R1* – 6 – is unable to do so because of technical problems relating to the operation or maintenance of the Internet website of the public body.

- 82nd Session (2023) – 6 – (c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body.