Assembly Bill No. 409–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Geddes, Giunchigliani, Hettrick and Marvel

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes public bodies to provide certain notice and information by electronic mail. (BDR 19‑1084)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public bodies; authorizing public bodies to provide certain notice of meetings and other information by electronic mail; 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 241.020 is hereby amended to read as follows:

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

1-3  all meetings of public bodies must be open and public, and all

1-4  persons must be permitted to attend any meeting of these public

1-5  bodies. Public officers and employees responsible for these

1-6  meetings shall make reasonable efforts to assist and accommodate

1-7  physically handicapped persons desiring to attend.

1-8  2.  Except in an emergency, written notice of all meetings must

1-9  be given at least 3 working days before the meeting. The notice

1-10  must include:

1-11      (a) The time, place and location of the meeting.

1-12      (b) A list of the locations where the notice has been posted.

1-13      (c) An agenda consisting of:

1-14          (1) A clear and complete statement of the topics scheduled to

1-15  be considered during the meeting.

2-1       (2) A list describing the items on which action may be taken

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

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

2-4  any, and discussion of those comments. No action may be taken

2-5  upon a matter raised under this item of the agenda until the matter

2-6  itself has been specifically included on an agenda as an item upon

2-7  which action may be taken pursuant to subparagraph (2).

2-8  3.  Minimum public notice is:

2-9  (a) Posting a copy of the notice at the principal office of the

2-10  public body[,] or , if there is no principal office, at the building in

2-11  which the meeting is to be held, and at not less than three other

2-12  separate, prominent places within the jurisdiction of the public body

2-13  not later than 9 a.m. of the third working day before the meeting;

2-14  and

2-15      (b) [Mailing] Providing a copy of the notice to any person who

2-16  has requested notice of the meetings of the public body . [in the

2-17  same manner in which notice is required to be mailed to a member

2-18  of the body.] A request for notice lapses 6 months after it is made.

2-19  The public body shall inform the requester of this fact by enclosure

2-20  with , [or] notation upon or text included within the first notice sent.

2-21  The notice must be [delivered] :

2-22          (1) Delivered to the postal service used by the public body

2-23  not later than 9 a.m. of the third working day before the meeting[.]

2-24  for transmittal to the requester by regular mail; or

2-25          (2) If feasible for the public body and the requester has

2-26  agreed to receive the public notice by electronic mail, transmitted

2-27  to the requester by electronic mail sent not later than 9 a.m. of the

2-28  third working day before the meeting.

2-29      4.  If a public body maintains a website on the Internet or its

2-30  successor, the public body shall post notice of each of its meetings

2-31  on its website unless the public body is unable to do so because of

2-32  technical problems relating to the operation or maintenance of its

2-33  website. Notice posted pursuant to this subsection is supplemental to

2-34  and is not a substitute for the minimum public notice required

2-35  pursuant to subsection 3. The inability of a public body to post

2-36  notice of a meeting pursuant to this subsection as a result of

2-37  technical problems with its website shall not be deemed to be a

2-38  violation of the provisions of this chapter.

2-39      5.  Upon any request, a public body shall provide, at no charge,

2-40  at least one copy of:

2-41      (a) An agenda for a public meeting;

2-42      (b) A proposed ordinance or regulation which will be discussed

2-43  at the public meeting; and

2-44      (c) Any other supporting material provided to the members of

2-45  the public body for an item on the agenda, except materials:

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

3-2  or confidentiality agreement;

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

3-4  public body; or

3-5       (3) Declared confidential by law.

3-6  If the requester has agreed to receive the information and material

3-7  set forth in this subsection by electronic mail, the public body

3-8  shall, if feasible, provide the information and material by

3-9  electronic mail.

3-10      6.  A public body may provide the public notice, information

3-11  and material required by this section by electronic mail. If a public

3-12  body makes such notice, information and material available by

3-13  electronic mail, the public body shall inquire of a person who

3-14  requests the notice, information or material if the person will

3-15  accept receipt by electronic mail.

3-16      7. As used in this section, “emergency” means an unforeseen

3-17  circumstance which requires immediate action and includes, but is

3-18  not limited to:

3-19      (a) Disasters caused by fire, flood, earthquake or other natural

3-20  causes; or

3-21      (b) Any impairment of the health and safety of the public.

3-22      Sec. 2.  This act becomes effective on July 1, 2003.

 

3-23  H