2001 REGULAR SESSION (71st)                                                                            A AB225 389

Amendment No. 389

 

 

 

     Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A public body shall not consider at a meeting whether to:

     (a) Take administrative action against a person; or

     (b) Acquire real property owned by a person by the exercise of the power of eminent domain,

FLUSH

unless the public body has given written notice to that person of the time and place of the meeting.

     2.  The written notice required pursuant to subsection 1 must be:

     (a) Delivered personally to that person at least 5 working days before the meeting; or

     (b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

FLUSH

A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider a matter set forth in subsection 1 relating to that person at a meeting.

     3.  The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.”.

     Amend section 1, pages 1 and 2, by deleting lines 10 through 13 on page 1 and lines 1 through 38 on page 2, and inserting:

     “2.  “Meeting” means [the] :

     (a) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

     (b) Any series of gatherings of members of a public body at which:

          (1) Less than a quorum is present at any individual gathering;

          (2) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

          (3) The series of gatherings were held with the intent to deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

FLUSH

The term includes, without limitation, such a series of gatherings between individual members of the public body and an attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power if the gatherings were held with the intent to deliberate toward a decision or take action regarding the litigation.

     3.  Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the state or a local government 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 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. “Public body” does not include the legislature of the State of Nevada.

     4.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.”.

     Amend the bill as a whole by deleting sec. 2.

     Amend the title of the bill to read as follows:

“AN ACT relating to meetings of public bodies; requiring a public body to give written notice to person against whom the public body is considering taking administrative action or property by eminent domain; revising the definition of “meeting” to include certain serial gatherings; and providing other matters properly relating thereto.”.