Senate Bill No. 312–Committee on Government Affairs

(On Behalf of Attorney General)

March 4, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to meeting of public bodies. (BDR 19-312)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to meetings of public bodies; expanding the definition of public body to include certain corporations and limited-liability companies; clarifying that notices of public meetings must be sent by first-class mail or its equivalent without charge; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 241.015 is hereby amended to read as follows:

1-2 241.015 As used in this chapter, unless the context otherwise requires:

1-3 1. "Action" means:

1-4 (a) A decision made by a majority of the members present during a

1-5 meeting of a public body;

1-6 (b) A commitment or promise made by a majority of the members

1-7 present during a meeting of a public body; or

1-8 (c) A vote taken by a majority of the members present during a meeting

1-9 of a public body.

1-10 2. "Meeting" means the gathering of members of a public body at

1-11 which a quorum is present to deliberate toward a decision or to take action

1-12 on any matter over which the public body has supervision, control,

1-13 jurisdiction or advisory power.

1-14 3. Except as otherwise provided in this subsection, "public body"

1-15 means [any] :

1-16 (a) Any administrative, advisory, executive or legislative body of the

1-17 state or a local government which expends or disburses or is supported in

2-1 whole or in part by tax revenue or which advises or makes

2-2 recommendations to any entity which expends or disburses or is supported

2-3 in whole or in part by tax revenue, including, but not limited to, any board,

2-4 commission, committee, subcommittee or other subsidiary thereof and

2-5 includes an educational foundation as defined in subsection 3 of NRS

2-6 388.750 and a university foundation as defined in subsection 3 of NRS

2-7 396.405 [.] ; and

2-8 (b) Except as otherwise provided by specific statute, a corporation or

2-9 limited-liability company if the corporation or limited-liability company

2-10 receives more than 10 percent of its operating budget from an entity

2-11 described in paragraph (a) in the form of grants or contributions of

2-12 money derived from tax revenues, and the entity has the right to appoint

2-13 a voting member to the governing board of the corporation or limited-

2-14 liability company. As used in this paragraph, the phrase "grants or

2-15 contributions of money derived from tax revenues" does not include

2-16 money received as payment for membership dues or as payment for

2-17 goods or services pursuant to a written agreement with the entity.

2-18 "Public body" does not include the legislature of the State of Nevada.

2-19 4. "Quorum" means a simple majority of the constituent membership

2-20 of a public body or another proportion established by law.

2-21 Sec. 2. NRS 241.020 is hereby amended to read as follows:

2-22 241.020 1. Except as otherwise provided by specific statute, all

2-23 meetings of public bodies must be open and public, and all persons must be

2-24 permitted to attend any meeting of these bodies. Public officers and

2-25 employees responsible for these meetings shall make reasonable efforts to

2-26 assist and accommodate physically handicapped persons desiring to attend.

2-27 2. Except in an emergency, written notice of all meetings must be given

2-28 at least 3 working days before the meeting. The notice must include:

2-29 (a) The time, place and location of the meeting.

2-30 (b) A list of the locations where the notice has been posted.

2-31 (c) An agenda consisting of:

2-32 (1) A clear and complete statement of the topics scheduled to be

2-33 considered during the meeting.

2-34 (2) A list describing the items on which action may be taken and

2-35 clearly denoting that action may be taken on those items.

2-36 (3) A period devoted to comments by the general public, if any, and

2-37 discussion of those comments. No action may be taken upon a matter raised

2-38 under this item of the agenda until the matter itself has been specifically

2-39 included on an agenda as an item upon which action may be taken pursuant

2-40 to subparagraph (2).

2-41 3. Minimum public notice is:

2-42 (a) Posting a copy of the notice at the principal office of the public

2-43 body, or if there is no principal office, at the building in which the meeting

3-1 is to be held, and at not less than three other separate, prominent places

3-2 within the jurisdiction of the public body not later than 9 a.m. of the third

3-3 working day before the meeting; and

3-4 (b) Mailing , by first-class mail or its equivalent, a copy of the notice ,

3-5 at no charge, to any person who has requested notice of the meetings of the

3-6 body . [in the same manner in which notice is required to be mailed to a

3-7 member of the body.] A request for notice lapses 6 months after it is made.

3-8 The public body shall inform the requester of this fact by enclosure with or

3-9 notation upon the first notice sent. The notice must be delivered to the

3-10 postal service used by the body not later than 9 a.m. of the third working

3-11 day before the meeting.

3-12 4. Upon any request, a public body shall provide, at no charge, at least

3-13 one copy of:

3-14 (a) An agenda for a public meeting;

3-15 (b) A proposed ordinance or regulation which will be discussed at the

3-16 public meeting; and

3-17 (c) Any other supporting material provided to the members of the body

3-18 for an item on the agenda, except materials:

3-19 (1) Submitted to the public body pursuant to a nondisclosure or

3-20 confidentiality agreement;

3-21 (2) Pertaining to the closed portion of such a meeting of the public

3-22 body; or

3-23 (3) Declared confidential by law.

3-24 5. As used in this section, "emergency" means an unforeseen

3-25 circumstance which requires immediate action and includes, but is not

3-26 limited to:

3-27 (a) Disasters caused by fire, flood, earthquake or other natural causes; or

3-28 (b) Any impairment of the health and safety of the public.

3-29 Sec. 3. This act becomes effective on July 1, 1999.

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