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- 83rd Session (2025)
Assembly Bill No. 64–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to public meetings; revising the definition of
“meeting” for purposes of the Open Meeting Law; revising
provisions relating to requirements for meetings conducted
by means of a remote technology system; revisin g provisions
relating to privilege for certain statements and tes timony
made at a public meeting ; revising provisions relating to the
applicability of certain provisions of the Open Meeting Law
to certain proceedings; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
The Open Meeting Law requires that meetings of public bodies be open to the
public, with limited exceptions set forth specifically in statute. (NRS 241.020)
Existing law defines the term “meeting” for purposes of the Open Meeting Law and
provides that the term does not include certain gatherings by members of a public
body to receive information from the attorney employed or retained by the public
body regarding potential or existing litigation involving a mat ter over which the
public body has supervision, control, jurisdiction or advisory power and to
deliberate toward a decision on the matter, or both. (NRS 241.015) Section 1 of this
bill provides instead that a “meeting” does not include certain gatherings b y
members of a public body to: (1) receive legal advice from the attorney employed
or retained by the public body regarding a matter over which the public body has
supervision, control, jurisdiction or advisory power; and (2) deliberate on the
matter, provided such deliberation is limited to the legal advice.
With certain exceptions, existing law authorizes a public body to conduct a
meeting by means of a remote technology system but prohibits a public body from
holding a meeting to consider a contested case or a regulation by means of a remote
technology system unless there is a physical location for the meeting where
members of the general public are permitted to attend and participate. (NRS
241.023) Section 4 of this bill prohibits instead a public body from holding a
meeting by means of a remote technology system unless there is a physical location
for the meeting where members of the general public are permitted to attend and
participate if, at the meeting, the public body will adjudicate certain contes ted cases
or hold a workshop or a hearing on a regulation.
Existing law further requires that if a meeting is conducted using a remote
technology system, clear and complete instructions for a member of the general
public to be able to call in to the meeti ng to provide public comment must be read
verbally before the first period of the day devoted to public comment. (NRS
241.023) Section 4 provides instead that such a requirement applies if the meeting
is conducted using a remote technology system and a phy sical location is not
designated for the meeting where members of the general public are permitted to
attend and participate.
Existing law provides certain privileges for statements and testimony made at a
public meeting, including an authorization, subj ect to a qualified privilege, for a
witness who is testifying before a public body to publish defamatory matter as
a part of a public meeting. (NRS 241.0353) Section 5 of this bill provides instead
that: (1) a witness who, subject to certain penalties relating to perjury, testifies
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under oath before a public body may publish defamatory matter as part of a public
meeting; and (2) in general, no provision of the Open Meet ing Law shall be
construed to affect any civil cause of action for defamation, libel, slander or any
similar cause of action arising from defamatory statements made by a member of
the public while he or she provides public comment to a public body.
Existing law provides that: (1) certain requirements of the Open Meeting Law
do not apply to proceedings relating to an investigation conducted to determine
whether to proceed with disciplinary action against a licensee unless the licensee
requests that the proc eedings be conducted in such a manner; and (2) if the
regulatory body decides to proceed with disciplinary action against the licensee, all
proceedings that are conducted after that decision and are related to that
disciplinary action are subject to such p rovisions of the Open Meeting Law. (NRS
622.320) A “licensee” is a person who holds any license, certificate, registration,
permit or similar type of authorization issued by a regulatory body which has
authority to regulate certain occupations or professio ns. (NRS 622.040, 622.060)
Section 6 of this bill provides instead that: (1) the provisions of the Open Meeting
Law which require a meeting to be noticed and open to the public do not apply to
such proceedings unless the licensee requests that such proceed ings be conducted
pursuant to those provisions; and (2) if the regulatory body decides to proceed with
disciplinary action against the licensee, all proceedings that are conducted after that
decision and are related to that disciplinary action are subject to all provisions of
the Open Meeting Law.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 voting members
present, whether in person, by use of a remote technology system or
by means of electronic communication, during a meeting of a public
body;
(b) A commitment or promise made by a majority of the voting
members present, whether in person, by use of a remote technology
system or by means of electronic communication, 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 tak en by a majority of the voting
members present, whether in person, by use of a remote technology
system or by means of electronic communication, during a meeting
of the public body; or
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(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. “Administrative action against a person” means an action
that is uniquely personal to the person and includes, without
limitation, the potential for a negative change in circu mstances to
the person. The term does not include the denial of any application
where the denial does not change the present circumstance or
situation of the person.
3. “Deliberate” means collectively to examine, weigh and
reflect upon the reasons for or against the action. The term includes,
without limitation, the collective discussion or exchange of facts
preliminary to the ultimate decision.
4. “Meeting”:
(a) Except as otherwise provided in paragraphs (b) and (c),
means:
(1) The gathering of memb ers of a public body at which a
quorum is present, whether in person, by use of a remote technology
system or by means of electronic communication, 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, whether in person, by
use of a remote technology system or by means of electronic
communication, 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 no t include any gathering or series of gatherings of
members of a public body 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.
(c) Does not i nclude a gathering or series of gatherings of
members of a public body at which a quorum is actually or
collectively present, whether in person, by use of a remote
technology system or by means of electronic communication, to
receive [information] legal ad vice 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
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decision] on the matter, [or both. ] provided such deliberation is
limited to the legal advice.
5. Except as otherwise provided in NRS 241.016, “public
body” means:
(a) Any administrative, advisory, executive or legislative body
of the State or a local government consisting of at least two persons
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, includin g, but not limited to, any board,
commission, committee, subcommittee or other subsidiary thereof
and includes a library foundation as defined in NRS 379.0056 and
an educational foundation as defined in subsection 3 of NRS
388.750, if the administrative, a dvisory, executive or legislative
body is created by:
(1) The Constitution of this State;
(2) Any statute of this State;
(3) A city charter and any city ordinance which has been
filed or recorded as required by the applicable law;
(4) The Nevada Administrative Code;
(5) A resolution or other formal designation by such a body
created by a statute of this State or an ordinance of a local
government;
(6) An executive order issued by the Governor; or
(7) A resolution or an action by the governing body of a
political subdivision of this State;
(b) Any board, commission or committee consisting of at least
two persons appointed by:
(1) The Governor or a public officer who is under the
direction of the Governor, if the board, commission or committee
has at least two members who are not employees of the Executive
Department of the State Government;
(2) An entity in the Executive Department of the State
Government, if the board, commission or committee otherwise
meets the definition of a public body pursuant to this subsection; or
(3) A public officer who is under the direction of an agency
or other entity in the Executive Department of the State
Government, if the board, commission or committee has at least two
members who are not employed by the public officer or entity;
(c) A limited -purpose association that is created for a rural
agricultural residential common -interest community as defined in
subsection 6 of NRS 116.1201;
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(d) A subcommittee or working group consisting of at least two
persons who are appointed by a public body described in paragraph
(a), (b) or (c) if:
(1) A majority of the membership of the subcommittee or
working group are members or staff members of the public body
that appointed the subcommittee; or
(2) The subcommittee or working group is authorized by the
public body to make a recommendation to the public body for the
public body to take any action; and
(e) A university foundation as defined in subsection 3 of
NRS 396.405.
6. “Quorum” means a simple majority of the voting
membership of a public body or another proportion established by
law.
7. “Remote technology system” means any system or other
means of communication which uses any electronic, digital or other
similar technology to enable a person from a remote lo cation to
attend, participate, vote or take any other action in a meeting, even
though the person is not physically present at the meeting. The term
includes, without limitation, teleconference and videoconference
systems.
8. “Supporting material” means material that is provided to at
least a quorum of the members of a public body by a member of or
staff to the public body and that the members of the public body
would reasonably rely on to deliberate or take action on a matter
contained in a published age nda. The term includes, without
limitation, written records, audio recordings, video recordings,
photographs and digital data.
9. “Working day” means every day of the week except
Saturday, Sunday and any day declared to be a legal holiday
pursuant to NRS 236.015.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. NRS 241.023 is hereby amended to read as follows:
241.023 1. Except as otherwise provided in subsection 2, a
public body may conduct a meeting by means of a remote
technology system if:
(a) A quorum is actually or collectively present, whether in
person, by using the remote technology system or by means of
electronic communication.
(b) Members of the public are permitted to:
(1) Attend and participate at a physical location designated
for the meeting where members of the public are permitted to attend
and participate; or
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(2) Hear and observe the meeting, participate in t he meeting
by telephone and provide live public comment during the meeting
using the remote technology system. A public body may also allow
public comment by means of prerecorded messages.
(c) The public body reasonably ensures that any person who is
not a member of the public body or a member of the public but is
otherwise required or allowed to participate in the meeting is able to
participate in the portion of the meeting that pertains to the person
using the remote technology system. The public body s hall be
deemed to have complied with the requirements of this paragraph if
the public body provides the person with a web -based link and a
telephone number, in case of technical difficulties, that allows the
person in real time to attend and participate in the meeting. Nothing
in this paragraph requires a public body to provide a person with
technical support to address the person’s individual hardware,
software or other technical issues.
2. If all members of a public body:
(a) Are required to be elected officials, the public body shall not
conduct a meeting by means of a remote technology system without
a physical location designated for the meeting where members of
the public are permitted to attend and participate.
(b) Are not required to be elected officials, the public body shall
not conduct a meeting by means of a remote technology system
without a physical location designated for the meeting where
members of the public are permitted to attend and participate unless
the public body complies with th e provisions of subsection 11 of
NRS 241.020.
3. If any member of a public body attends a meeting by means
of a remote technology system, the chair of the public body, or his
or her designee, must make reasonable efforts to ensure that:
(a) Members of the public body and members of the public
present at the physical location of the meeting can hear or observe
each member attending by a remote technology system; and
(b) Each member of the public body in attendance can
participate in the meeting.
4. Notwithstanding the provisions of subsections 1, 2 and 3, a
public body may not hold a meeting [to consider ] by means of a
remote technology system unless there is a physical location for
the meeting where members of the general public are pe rmitted to
attend and participate if, at the meeting, the public body will:
(a) Adjudicate a contested case [, as defined in NRS 233B.032 ]
for which notice is required pursuant to NRS 233B.121; or
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(b) Hold a workshop or a hearing on a regulation [as defined in
NRS 233B.038 by means of a remote technology system unless
there is a physical location for the meeting where members of the
general public are permitted to attend and participate. ] pursuant to
NRS 233B.040 to 233B.120, inclusive.
5. If a meeting is conducted pursuant to this section using a
remote technology system [,] and a physical location is not
designated for the meeting where members of the general public
are permitted to attend and participate, before the first period of the
day devoted to public comment, the clear and complete instructions
for a member of the general public to be able to call in to the
meeting to provide public comment, including, without limitation, a
telephone number or any necessary identification number of the
meeting or other access code, must be read verbally.
Sec. 5. NRS 241.0353 is hereby amended to read as follows:
241.0353 1. Any statement which is made by a member of a
public body during the course of a public meeting is absolutely
privileged and does not impose liability for defamation or constitute
a ground for recovery in any civil action.
2. [Subject to a qualified privilege, a ] A witness who [is
testifying] testifies under oath, subject to the penalties set forth in
NRS 199.120, before a public body may publish defamatory matter
as part of a public meeting. It is unlawful to misrepresent any fact
knowingly when testifying before a public body.
3. Except as otherwise provided by law, nothing in this
chapter shall be construed to affect any civil cause of action for
defamation, libel, slander or any similar cause of action arising
from defamatory statements made by a member of the public while
he or she provides public comment to a public body.
Sec. 6. NRS 622.320 is hereby amended to read as follows:
622.320 1. The provisions of chapter 241 of NRS [241.020]
requiring a meeting to be noticed and open to members of the
public do not apply to proceedings relating to an investigation
conducted to determine whether to proceed with disciplinary action
against a licensee, unless the licensee requests that the proceedings
be conducted pursuant to those provisions.
2. If the regulatory body decides to proceed with disciplinary
action against the licensee, all proceedings that are conducted after
that decision and are related to that disciplinary action are subject to
the provisions of chapter 241 of NRS . [241.020.]
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