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

 

CHAPTER..........

 

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:

 

    Section 1. NRS 241.020 is hereby amended to read as follows:

    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).

    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) [Mailing] Providing a copy of the notice to any person who

has requested notice of the meetings of the public body . [in the

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

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

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 must be [delivered] :

        (1) Delivered to the postal service used by the public 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

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

third working day before the meeting.

    4.  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. The inability of a public body to post

notice of a meeting pursuant to this subsection as a result of

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 public body 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.

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.

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

 

²⁰~~~~~⁰³