ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 3 through 7 and inserting:
“1. Except as otherwise provided in subsection 3, a public body that is a governing board may not take action by vote on an item on the agenda of a meeting on which action may otherwise be taken until public comment on the item has been allowed.
2. Each public body that is a governing board shall adopt a rule of procedure setting forth the length of time that will be allotted to the public comment required pursuant to subsection 1.
3. The provisions of this section do not apply to a contested case, as that term is defined in NRS 233B.032.”.
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
“Sec. 1.5. NRS 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. “Action” means:
(a) A decision made by a majority of the members present during a meeting of a public body;
(b) A commitment or promise made by a majority of the members present during a meeting of a public body;
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or
(d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
2. “Meeting”:
(a) Except as otherwise provided in paragraph (b), means:
(1) 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.
(2) Any series of gatherings of members of a public body at which:
(I) Less than a quorum is present at any individual gathering;
(II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(b) 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:
(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.
(2) To receive information from the 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 and to deliberate toward a decision on the matter, or both.
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. Except as otherwise provided by specific statute and unless the context otherwise requires, “public body” includes a “public body that is a governing board.” “Public body” does not include the Legislature of the State of Nevada.
4. “Public body that is a governing board” means a “public body” as defined in subsection 3 that is:
(a) A legislative body of a local government that has the authority to adopt an order, ordinance or rule, or other regulation; or
(b) An executive or administrative body that has the authority to adopt a regulation or to make a decision that constitutes a final decision for the purposes of judicial review.
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The term does not include
an advisory body of the State or a local government.
5. “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.”.
Amend sec. 2, pages 2 and 3, by deleting lines 28 through 44 on page 2 and lines 1 through 21 on page 3, and inserting:
“3. [Minimum] Except as otherwise provided in subsection 6, minimum public notice for a public body is:
(a) Posting a copy of the notice at the principal office of the public body[,] or , if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and
(b) [Mailing] Sending a copy of the notice to any person who has requested notice of the meetings of the public body:
(1) By mail in the same manner in which notice is required to be mailed to a member of the public body [.] ;
(2) By electronic means if receipt of such an electronic notice can be verified; or
(3) By the methods set forth in subparagraphs (1) and (2).
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A request for notice pursuant to this paragraph lapses 6 months
after it is made[.] and may be renewed by the requester in
writing. The public body shall inform the requester of this fact
by enclosure with , [or]
notation upon or text included
within the first notice sent. [The notice]
Notice requested pursuant to this
paragraph must be delivered to the postal service used by the public body or sent by electronic means, as
applicable, not later than 9 a.m. of the third working day before
the meeting.
4. [If] Except as otherwise provided in subsection 6, if a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3.
5. The provisions of subsection 3 do not prohibit a public body that is not a governing board from:
(a) Providing public notice which exceeds the requirements of that subsection; or
(b) Providing any additional public notice which is described in subsection 6.
6. Minimum public notice for a public body that is a governing board is:
(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;
(b) Posting a copy of the notice on a public website on the Internet or its successor, if any, not later than 9 a.m. of the third working day before the meeting; and
(c) Sending a copy of the notice to any person who has requested notice of the meetings of the public body:
(1) By mail in the same manner in which notice is required to be mailed to a member of the public body;
(2) By electronic means if receipt of such an electronic notice can be verified; or
(3) By the methods set forth in subparagraphs (1) and (2).
FLUSH
A request for notice
pursuant to this paragraph lapses
6 months after it is made and may be renewed by the requester in writing or by
electronic means. The public body shall inform the requester of this fact by
enclosure with, notation
upon or text
included within the first notice sent. Notice requested pursuant to this paragraph must be
delivered to the postal service used by the public body or sent by electronic means, as applicable, not later than 9
a.m. of the third working day before the meeting.
7. The inability of a public body other than a public body that is a governing board to post notice of a meeting pursuant to [this] subsection 4 as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
[5.] 8. Upon any request, a public body shall provide, at no charge,”.
Amend sec. 2, page 3, line 33, by deleting “5.” and inserting “9.”.
Amend sec. 3, page 4, line 14, by deleting “Posted” and inserting:
“If the public body is a public body that is a governing board, posted”.
Amend sec. 3, page 4, line 17, by deleting “taken.” and inserting:
“taken [.] or, if the meeting was a meeting of a public body that is a governing board, upon adoption and approval of the minutes by the public body.”.
Amend sec. 3, page 4, line 19, after “website” by inserting:
“, if applicable,”.
Amend sec. 3, page 4, by deleting line 34 and inserting:
“4. Each public body that is not a governing board may , and, except as otherwise provided in NRS 360.130, each public body that is a governing board shall, record on audiotape or any”.
Amend sec. 8, page 7, line 29, by deleting “workshop.” and inserting:
“workshop, if practicable.”.
Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:
“Sec. 16.5. NRS 360.130 is hereby amended to read as follows:
360.130 1. The Executive Director shall:
(a) Keep full and correct records of all transactions and proceedings of the Nevada Tax Commission, the State Board of Equalization and the Department. Notwithstanding the provisions of NRS 241.035, the Nevada Tax Commission, the State Board of Equalization and the Department are not required to record a meeting on audiotape or any other means of sound reproduction, provided that the meeting is transcribed in its entirety by a court reporter who is certified pursuant to chapter 656 of NRS.
(b) Perform such other duties as may be required.
2. The Nevada Tax Commission shall have the power to authorize the Executive Director or any other officer of the Department to hold hearings or make investigations, and upon any such hearing , the Executive Director or officer shall have the authority to examine books, compel the attendance of witnesses, administer oaths and conduct investigations.”.
Amend the bill as a whole by deleting sections 35 and 36 and adding:
“Secs. 35 and 36. (Deleted by amendment.)”.
Amend the title of the bill to read as follows:
“AN ACT relating to public bodies; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; prohibiting a public body from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; and providing other matters properly relating thereto.”.