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, line 6, after “allowed.” by inserting:
“Such public comment may be allowed immediately preceding action on the specific item, during a single period preceding action on any item on the agenda, or any combination thereof.”.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
“rule of procedure regarding the public comment required pursuant to subsection 1.”.
Amend sec. 1.5, page 3, by deleting line 16 and inserting:
“(b) A public body to which another public body has delegated the authority to take final action subject to appeal to that other public body; or”
Amend sec. 1.5, page 3, line 17, by deleting “(b)” and inserting “(c)”.
Amend sec. 1.5, page 3, line 21, by deleting “government.” and inserting:
“government or a public body which has fewer than one full-time administrative employee or whose members are not entitled by statute to receive per diem or other compensation while engaged in the business of the public body.”.
Amend sec. 2, pages 3 through 6, by deleting lines 26 through 44 on page 3, lines 1 through 45 on page 4, lines 1 through 43 on page 5 and lines 1 through 6 on page 6, and inserting:
“241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.
2. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.
(3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).
(4) If any portion of the meeting will be closed, an indication of any item that is a closed session and an estimated time for the conduct of that closed session. If the meeting will include more than one closed session, the public body shall schedule and consider those items consecutively, if practicable.
3. Minimum public notice 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) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice 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, notation upon or text included within the first notice sent. The notice must be:
(1) Delivered to the postal service used by thepublic body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or
(2) [If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted] Transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting [.] if feasible for the public body, the requester has agreed to receive the public notice by electronic mail and receipt of such an electronic notice can be verified.
4. If a public body maintains [a] its own website on the Internet or its successor, the public body shall post notice of each of its meetings on its website not later than 9 a.m. of the third working day before the meeting unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Regardless of whether it maintains its own website on the Internet or its successor, a public body that is a governing board shall post notice of each of its meetings on a public website on the Internet or its successor not later than 9 a.m. of the third working day before the meeting unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the 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. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of such technical problems [with its website] shall not be deemed to be a violation of the provisions of this chapter.
5. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Any other supporting material provided to the members of the publicbody for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law.
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If the requester has agreed to receive the information and
material set forth in this subsection by electronic mail, the public body
shall, if feasible, provide the information and material by electronic mail.
6. A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
7. As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.”.
Amend sec. 3, page 6, line 26, by deleting “If” and inserting:
“Except as otherwise provided in subsection 3, if”.
Amend sec. 3, page 6, line 29, by deleting “30” and inserting “[30] 60”.
Amend sec. 3, page 6, line 43, by deleting “disclosure.” and inserting:
“disclosure[.] in writing.”.
Amend sec. 3, page 7, line 1, after “3.” by inserting:
“A public body that is a governing board is not required by paragraph (b) of subsection 2 to post any exhibits that are included in the written minutes on the public website. If the public body that is a governing board does not post such exhibits on the public website, the public body shall:
(a) Post a list of those exhibits on the website with the written minutes in which those exhibits are included; and
(b) Indicate the location at which those exhibits are available for public inspection.
4.”.
Amend sec. 3, page 7, line 5, by deleting “4.” and inserting “[4.] 5.”.’
Amend sec. 3, page 7, line 24, by deleting “disclosure.” and inserting:
“disclosure in writing.”.
Amend the bill as a whole by adding a new section designated section 4.5, following sec. 4, to read as follows:
“Sec. 4.5. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in this chapter, a meeting or hearing that may result in a recommendation or final decision to grant, deny, continue or revoke the parole of a prisoner, certify a prisoner pursuant to NRS 213.1214, commute a sentence, restore a person’s civil rights, grant a pardon or reprieve or remit a fine or forfeiture is not subject to any provision of chapter 241 of NRS.”.
Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:
“Sec. 15.5. NRS 318.020 is hereby amended to read as follows:
318.020 As used in this chapter, unless the context otherwise requires:
1. “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. “Board of trustees” and “board” alone each means the board of trustees of a district.
3. “FM radio” means a system of radio broadcasting by means of frequency modulation.
4. “General improvement district” and “district” alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.
5. “Mail” means a single mailing first class or its equivalent, postage prepaid, by deposit in the United States mails, at least 15 days before the designated time or event.
6. “Project” and “improvement” each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including, but not limited to, land, elements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
7. “Publication” means publication [at least once a week for 3 consecutive weeks in at least] one time in a newspaper of general circulation in the district[. It is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication must be] at least 15 days before the designated time or event.
8. “Qualified elector” means a person who has registered to vote in district elections.
9. “Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.
10. “Trustees” means the members of a board.”.
Amend sec. 16, page 13, line 9, by deleting “$6,000” and inserting “[$6,000] $9,000”.
Amend sec. 16, page 13, by deleting lines 13 through 15 and inserting:
“an employee or otherwise. [A] Each member of the board [is not entitled to receive as compensation more than $1,800 per year if the additional compensation is approved during the term of the member.] must receive the same compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not take effect until January 1 following the next biennial election of the district as set forth in NRS 318.095.”.
Amend the bill as a whole by renumbering sec. 16.5 as sec. 16.8 and adding new sections designated sections 16.2 through 16.6, following sec. 16, to read as follows:
“Sec. 16.2. NRS 318.197 is hereby amended to read as follows:
318.197 1. The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.
2. Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:
(a) The granting of discounts for prompt payment of bills.
(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.
5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. [On the first day of the calendar month following the date of payment specified in the bill the] The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent . [if the bill or that portion thereof which is not in bona fide dispute remains unpaid.] The board may provide for collection of the penalties provided for in this section.
6. The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.
7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
9. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;
(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;
(c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 16.4. NRS 318.490 is hereby amended to read as follows:
318.490 1. Except as otherwise provided in NRS 318.492, whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that the district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of the district are no longer needed or can be more effectively performed by an existing unit of government.
2. [The] If a board of county commissioners determines to merge, consolidate or dissolve a district that was, on October 1, 2003, exercising powers pursuant to NRS 318.140, 318.142 and 318.144, in addition to meeting the requirements set forth in subsection 1, within 90 days after the ordinance is adopted by the board of county commissioners, the ordinance must be adopted by a majority of the board of trustees of the district that is being merged, consolidated or dissolved. A district described in this subsection may not be merged, consolidated or dissolved if the ordinance is not adopted by the board of the district.
3. After an ordinance has been adopted pursuant to subsection 1 and, if applicable, subsection 2, the county clerk shall thereupon certify a copy of the ordinance to the board of the district and shall mail written notice to all property owners within the district in his county, containing the following:
(a) The adoption of the ordinance[;] by the board of county commissioners and, if applicable, by the board of the district;
(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on the dissolution, merger or consolidation.
Sec. 16.6. NRS 318.492 is hereby amended to read as follows:
318.492 1. If all the territory within a district organized pursuant to this chapter is included within the boundaries of a city incorporated under the provisions of chapter 266 of NRS, the board of county commissioners of the county shall, within 90 days after the filing of the notice required by NRS 266.033, adopt an ordinance providing for the merger of the district with the city and fixing a time and place for a hearing on the merger.
2. The county clerk shall certify a copy of the ordinance and give notice of its adoption in the manner provided by subsection [2] 3 of NRS 318.490.
3. The board of county commissioners shall thereafter proceed to hear and determine the matter as provided in NRS 318.495 and 318.500.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public bodies; prohibiting certain public bodies from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; 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; providing that certain meetings regarding prisoners and persons on parole or probation are not subject to the open meeting law; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; authorizing a board of trustees of a general improvement district to increase the compensation of the trustees under certain circumstances; authorizing the board of trustees of a general improvement district to adopt and enforce regulations regarding the date on which a charge for services provided by the district becomes delinquent; making certain changes regarding the merger, consolidation or dissolution of certain general improvement districts; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding public bodies. (BDR 19‑16)”.