AB247 - Revises provisions relating to persons with disabilities. (BDR 19-574)

EXEMPT (Reprinted with amendments adopted on April 15, 2025) FIRST REPRINT A.B. 247 - *AB247_R1* ASSEMBLY BILL NO. 247–ASSEMBLYMEMBER BROWN-MAY FEBRUARY 17, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to persons with disabilities. (BDR 19-574) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1, 2) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to persons with disabilities; revising provisions relating to the accommodation of persons with physical disabilities at certain public meetings; requiring that certain public buildings designed on or after July 1, 2025, include equipment and software for Communication Access Realtime Translation; including American Sign Language as a foreign or world language course of study; requiring the Department of Education to conduct an interim study on the need for a school for pupils who are deaf or hard of hearing; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, all meetings of public bodies, with certain exceptions, must 1 be open and public and those responsible for the public meeting must make 2 reasonable efforts to accommodate persons with physical disabilities who wish to 3 attend. (NRS 241.020) Section 1 of this bill provides that a reasonable effort to 4 accommodate persons with physical disabilities includes, without limitation, the 5 provision of a qualified interpreter and Communication Access Realtime 6 Translation at a public meeting. 7 Existing law provides that, insofar as possible, all buildings used by the public 8 be accessible to and functional for persons with a physical handicap. (NRS 9 338.180) Section 2 of this bill requires that each public building designed on or 10 after July 1, 2025, that is owned by a public body and in which certain public 11 meetings are held must include any equipment and software necessary for 12 Communication Access Realtime Translation. 13 – 2 – - *AB247_R1* Under existing law the Council to Establish Academic Standards for Public 14 Schools is required to establish standards of content and performance for certain 15 courses of study taught in public schools, including courses of study of a foreign or 16 world language. (NRS 389.520) Section 3 of this bill includes American Sign 17 Language as a foreign or world language for which the Council must establish 18 standards of content and performance. 19 Section 4 of this bill requires the Department of Education to conduct a study 20 during the 2025-2026 interim to determine the need for a school for pupils who are 21 deaf or hard of hearing. 22 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: 1 241.020 1. Except as otherwise provided by specific statute, 2 all meetings of public bodies must be open and public, and all 3 persons must be permitted to attend any meeting of these public 4 bodies at a physical location or by means of a remote technology 5 system. A meeting that is closed pursuant to a specific statute may 6 only be closed to the extent specified in the statute allowing the 7 meeting to be closed. All other portions of the meeting must be open 8 and public, and the public body must comply with all other 9 provisions of this chapter to the extent not specifically precluded by 10 the specific statute. Public officers and employees responsible for 11 these meetings shall make reasonable efforts to assist and 12 accommodate persons with physical disabilities desiring to attend [.] 13 , including, without limitation, providing at public meetings: 14 (a) In person or by electronic means, a person who is a 15 qualified interpreter, as defined in 28 C.F.R. § 35.104; and 16 (b) Communication Access Realtime Translation. 17 2. If any portion of a meeting is open to the public, the public 18 officers and employees responsible for the meeting must make 19 reasonable efforts to ensure the facilities for the meeting are large 20 enough to accommodate the anticipated number of attendees. No 21 violation of this chapter occurs if a member of the public is not 22 permitted to attend a public meeting because the facilities for the 23 meeting have reached maximum capacity if reasonable efforts were 24 taken to accommodate the anticipated number of attendees. Nothing 25 in this subsection requires a public body to incur any costs to secure 26 a facility outside the control or jurisdiction of the public body or to 27 upgrade, improve or otherwise modify an existing facility to 28 accommodate the anticipated number of attendees. 29 3. Except in an emergency, written notice of all meetings must 30 be given at least 3 working days before the meeting. The notice 31 must include: 32 – 3 – - *AB247_R1* (a) The time, place and location of the meeting. If the meeting is 1 held using a remote technology system pursuant to NRS 241.023 2 and has no physical location, the notice must include information on 3 how a member of the public may: 4 (1) Use the remote technology system to hear and observe 5 the meeting; 6 (2) Participate in the meeting by telephone; and 7 (3) Provide live public comment during the meeting and, if 8 authorized by the public body, provide prerecorded public comment. 9 (b) A list of the locations where the notice has been posted. 10 (c) The name, contact information and business address for the 11 person designated by the public body from whom a member of the 12 public may request the supporting material for the meeting 13 described in subsection 7 and: 14 (1) A list of the locations where the supporting material is 15 available to the public; or 16 (2) Information about how the supporting material may be 17 found on the Internet website of the public body. 18 (d) An agenda consisting of: 19 (1) A clear and complete statement of the topics scheduled to 20 be considered during the meeting. 21 (2) A list describing the items on which action may be taken 22 and clearly denoting that action may be taken on those items by 23 placing the term “for possible action” next to the appropriate item 24 or, if the item is placed on the agenda pursuant to NRS 241.0365, by 25 placing the term “for possible corrective action” next to the 26 appropriate item. 27 (3) Periods devoted to comments by the general public, if 28 any, and discussion of those comments. 29 (4) If any portion of the meeting will be closed to consider 30 the character, alleged misconduct or professional competence of a 31 person, the name of the person whose character, alleged misconduct 32 or professional competence will be considered. 33 (5) If, during any portion of the meeting, the public body will 34 consider whether to take administrative action regarding a person, 35 the name of that person. 36 (6) Notification that: 37 (I) Items on the agenda may be taken out of order; 38 (II) The public body may combine two or more agenda 39 items for consideration; and 40 (III) The public body may remove an item from the 41 agenda or delay discussion relating to an item on the agenda at any 42 time. 43 (7) Any restrictions on comments by the general public. Any 44 such restrictions must be reasonable and may restrict the time, place 45 – 4 – - *AB247_R1* and manner of the comments, but may not restrict comments based 1 upon viewpoint. 2 (8) If the meeting is being held using a remote technology 3 system pursuant to NRS 241.023 and does not have a physical 4 location designated for the meeting where members of the general 5 public are permitted to attend and participate, clear and complete 6 instructions for a member of the general public to be able to call in 7 to the meeting to provide public comment, including, without 8 limitation, a telephone number and any necessary identification 9 number of the meeting or other access code. 10 4. Minimum public notice is: 11 (a) Posting a copy of the notice at the principal office of the 12 public body or, if the meeting has a physical location, at the building 13 in which the meeting is to be held. If the meeting is held using a 14 remote technology system pursuant to NRS 241.023 and has no 15 physical location, the public body must also post the notice to the 16 Internet website of the public body not later than 9 a.m. of the third 17 working day before the meeting is to be held unless the public body 18 is unable to do so because of technical problems relating to the 19 operation or maintenance of the Internet website of the public body. 20 (b) Posting the notice on the official website of the State 21 pursuant to NRS 232.2175 not later than 9 a.m. of the third working 22 day before the meeting is to be held, unless the public body is 23 unable to do so because of technical problems relating to the 24 operation or maintenance of the official website of the State. 25 (c) Providing a copy of the notice to any person who has 26 requested notice of the meetings of the public body. A request for 27 notice lapses 6 months after it is made. The public body shall inform 28 the requester of this fact by enclosure with, notation upon or text 29 included within the first notice sent. The notice must be: 30 (1) Delivered to the postal service used by the public body 31 not later than 9 a.m. of the third working day before the meeting for 32 transmittal to the requester by regular mail; or 33 (2) Transmitted to the requester by electronic mail sent not 34 later than 9 a.m. of the third working day before the meeting. 35 5. For each of its meetings, a public body shall document in 36 writing that the public body complied with the minimum public 37 notice required by paragraph (a) of subsection 4. The documentation 38 must be prepared by every person who posted a copy of the public 39 notice and include, without limitation: 40 (a) The date and time when the person posted the copy of the 41 public notice; 42 (b) The address of the location where the person posted the copy 43 of the public notice; and 44 – 5 – - *AB247_R1* (c) The name, title and signature of the person who posted the 1 copy of the notice. 2 6. Except as otherwise provided in paragraph (a) of subsection 3 4, if a public body maintains a website on the Internet or its 4 successor, the public body shall post notice of each of its meetings 5 on its website unless the public body is unable to do so because of 6 technical problems relating to the operation or maintenance of its 7 website. Notice posted pursuant to this subsection is supplemental to 8 and is not a substitute for the minimum public notice required 9 pursuant to subsection 4. The inability of a public body to post 10 notice of a meeting pursuant to this subsection as a result of 11 technical problems with its website shall not be deemed to be a 12 violation of the provisions of this chapter. 13 7. Upon any request, a public body shall provide, at no charge, 14 at least one copy of: 15 (a) An agenda for a public meeting; 16 (b) A proposed ordinance or regulation which will be discussed 17 at the public meeting; and 18 (c) Subject to the provisions of subsection 8 or 9, as applicable, 19 any other supporting material provided to the members of the public 20 body for an item on the agenda, except materials: 21 (1) Submitted to the public body pursuant to a nondisclosure 22 or confidentiality agreement which relates to proprietary 23 information; 24 (2) Pertaining to the closed portion of such a meeting of the 25 public body; or 26 (3) Declared confidential by law, unless otherwise agreed to 27 by each person whose interest is being protected under the order of 28 confidentiality. 29  The public body shall make at least one copy of the documents 30 described in paragraphs (a), (b) and (c) available to the public at the 31 meeting to which the documents pertain. As used in this subsection, 32 “proprietary information” has the meaning ascribed to it in 33 NRS 332.025. 34 8. Unless it must be made available at an earlier time pursuant 35 to NRS 288.153, a copy of supporting material required to be 36 provided upon request pursuant to paragraph (c) of subsection 7 37 must be: 38 (a) If the supporting material is provided to the members of the 39 public body before the meeting, made available to the requester at 40 the time the material is provided to the members of the public body; 41 or 42 (b) If the supporting material is provided to the members of the 43 public body at the meeting, made available at the meeting to the 44 – 6 – - *AB247_R1* requester at the same time the material is provided to the members 1 of the public body. 2  If the requester has agreed to receive the information and material 3 set forth in subsection 7 by electronic mail, the public body shall, if 4 feasible, provide the information and material by electronic mail. 5 9. Unless the supporting material must be posted at an earlier 6 time pursuant to NRS 288.153, and except as otherwise provided in 7 subsection 11, the governing body of a county or city whose 8 population is 52,000 or more shall post the supporting material 9 described in paragraph (c) of subsection 7 to its website not later 10 than the time the material is provided to the members of the 11 governing body or, if the supporting material is provided to the 12 members of the governing body at a meeting, not later than 24 hours 13 after the conclusion of the meeting. Such posting is supplemental to 14 the right of the public to request the supporting material pursuant to 15 subsection 7. The inability of the governing body, as a result of 16 technical problems with its website, to post supporting material 17 pursuant to this subsection shall not be deemed to be a violation of 18 the provisions of this chapter. 19 10. Except as otherwise provided in subsection 11, a public 20 body may provide the public notice, information or supporting 21 material required by this section by electronic mail. Except as 22 otherwise provided in this subsection, if a public body makes such 23 notice, information or supporting material available by ele [Text truncated for display. Full text available on LegiScan.]