A.B. 128
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ASSEMBLY BILL NO. 128–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON GOVERNMENT AFFAIRS)
PREFILED JANUARY 28, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Creates the Office of Public Records Ombudsman in
the Executive Department of State Government.
(BDR 19-400)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public records; creating the Office of Public
Records Ombudsman in the Executive Department of
State Government; setting forth the powers and duties of
the Ombudsman; authorizing a person to file a complaint
with the Ombudsman; revising provisions governing
judicial relief for actions relating to public records; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, unless otherwise declared by law to be confidential, 1
all public books and records of a state or local governmental entity are required to 2
be open at all times during office hours for the public to inspect, copy or receive a 3
copy thereof. Existing law also authorizes a person to request a copy of a public 4
book or record in any medium in which the book or record is available. (NRS 5
239.010) Section 2 of this bill creates the Office of Public Records Ombudsman as 6
an independent agency in the Executive Department of State Government and 7
requires the Governor to appoint a person as the Public Records Ombudsman. 8
Section 5 of this bill defines the term “Ombudsman.” 9
Section 3 of this bill sets forth the duties of the Ombudsman, which include 10
establishing a mediation program for complaints relating to public books and 11
records, investigating complaints relating to public books and records, and 12
providing training, education and educational material relating to public books 13
and records. 14
Section 4 of this bill authorizes a person to file a complaint with the 15
Ombudsman. Upon receiving a complaint, section 4 requires the Ombudsman to 16
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notify the governmental entity of the complaint and offer the parties the opportunity 17
to resolve the complaint through mediation. If a party refuses mediation or the 18
mediation is unsuccessful, section 4 authorizes the Ombudsman to initiate an 19
investigation into the complaint and issue a final determination not later than 90 20
days after initiating the investigation and, if warranted, provide relief in the form 21
of: (1) denying the request for the release of the public book or record; (2) requiring 22
the governmental entity to permit the requester to inspect or copy the public book 23
or record; or (3) waiving or reducing the fee charged by the governmental entity for 24
providing a copy of the public book or record to the requester. 25
If a request for inspection, copying or copies of a public book or record is 26
denied or unreasonably delayed, or if the person making the request believes that 27
the fee charged by the governmental entity is excessive or improper, existing law 28
authorizes a requester to apply to a district court for an order permitting the 29
requester to make or receive a copy of the book or record or providing relief 30
relating to the amount of the fee. (NRS 239.011) Sections 4 and 6 of this bill 31
authorize a requester or governmental entity that is aggrieved by the final 32
determination of the Ombudsman to seek judicial relief. 33
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 239 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. The Office of Public Records Ombudsman is 3
hereby created as an independent agency in the Executive 4
Department of State Government. 5
2. The Governor shall appoint the Public Records 6
Ombudsman who must have experience with the laws of this State 7
relating to public records. The Ombudsman is in the unclassified 8
service of the State. 9
3. Within the limits of money available for such purpose, the 10
Ombudsman may employ personnel to assist the Ombudsman in 11
carrying out his or her duties. 12
4. The Ombudsman may adopt regulations to carry out the 13
provisions of this section and sections 3 and 4 of this act. 14
Sec. 3. 1. The Ombudsman shall: 15
(a) Establish a mediation program in accordance with section 16
4 of this act to facilitate the resolution of disputes relating to 17
public books and records; 18
(b) Investigate complaints filed pursuant to section 4 of this 19
act; 20
(c) Provide training on public books and records to 21
governmental entities and the staff thereof; 22
(d) Educate the public on the rights of the public and the 23
responsibilities of governmental entities under the public records 24
laws of this State; and 25
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(e) Prepare educational material relating to public books and 1
records. 2
2. To carry out the duties set forth in subsection 1, the 3
Ombudsman may: 4
(a) Notwithstanding any other provision of law, have access to 5
all books and records of a governmental entity, including, without 6
limitation, any confidential records of the governmental entity; 7
and 8
(b) Issue subpoenas if necessary to compel the attendance and 9
testimony of witnesses and the production of books, records, 10
documents and other evidence to which the Ombudsman may need 11
access. 12
Sec. 4. 1. If a person whose request to inspect or copy a 13
public book or record is denied or unreasonably delayed, or if the 14
person believes that the fee charged by the governmental entity for 15
providing the copy of the public book or record is excessive or 16
improper, the person may file a complaint with the Ombudsman 17
within 60 days after the date of the denial or notice of fee. The 18
complaint must be in writing and must include, without limitation, 19
a copy of the request to inspect or copy the public book or record 20
and any responses from the governmental entity. 21
2. Upon receipt of a complaint filed pursuant to subsection 1, 22
the Ombudsman shall notify the governmental entity of the 23
complaint and offer the parties the opportunity to resolve the 24
complaint through mediation. The Ombudsman shall prepare a 25
mediation report with the results and any agreement resulting 26
from the mediation. 27
3. If either party declines mediation or the mediation 28
conducted pursuant to subsection 2 fails, the Ombudsman may, in 29
his or her discretion, initiate an investigation into the complaint. 30
The governmental entity may present the Ombudsman with any 31
statement or information concerning the complaint as to the 32
availability of the public book or record. Not later than 90 days 33
after initiating an investigation, the Ombudsman shall issue a 34
final determination. In a final determination, the Ombudsman 35
may: 36
(a) Deny the request to release the public book or record; 37
(b) Require the governmental entity to permit the requester to 38
inspect or copy the public book or record; or 39
(c) Waive or reduce any fees charged by the governmental 40
entity for providing a copy of the public book or record. 41
4. If either party is aggrieved by the final determination of the 42
Ombudsman, that party may seek judicial review of the decision 43
pursuant to NRS 239.011. 44
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Sec. 5. NRS 239.005 is hereby amended to read as follows: 1
239.005 As used in this chapter, unless the context otherwise 2
requires: 3
1. “Actual cost” means the direct cost incurred by a 4
governmental entity in the provision of a public record, including, 5
without limitation, the cost of ink, toner, paper, media and postage. 6
The term does not include a cost that a governmental entity incurs 7
regardless of whether or not a person requests a copy of a particular 8
public record. 9
2. “Agency of the Executive Department” means an agency, 10
board, commission, bureau, council, department, division, authority 11
or other unit of the Executive Department of the State Government. 12
The term does not include the Nevada System of Higher Education. 13
3. “Committee” means the Committee to Approve Schedules 14
for the Retention and Disposition of Official State Records. 15
4. “Division” means the Division of State Library, Archives 16
and Public Records of the Department of Administration. 17
5. “Governmental entity” means: 18
(a) An elected or appointed officer of this State or of a political 19
subdivision of this State; 20
(b) An institution, board, commission, bureau, council, 21
department, division, authority or other unit of government of this 22
State, including, without limitation, an agency of the Executive 23
Department, or of a political subdivision of this State; 24
(c) A university foundation, as defined in NRS 396.405; 25
(d) An educational foundation, as defined in NRS 388.750, to 26
the extent that the foundation is dedicated to the assistance of public 27
schools; or 28
(e) A library foundation, as defined in NRS 379.0056, to the 29
extent that the foundation is dedicated to the assistance of a public 30
library. 31
6. “Official state record” includes, without limitation: 32
(a) Papers, unpublished books, maps and photographs; 33
(b) Information stored on magnetic tape or computer, laser or 34
optical disc; 35
(c) Materials that are capable of being read by a machine, 36
including, without limitation, microforms and audio and visual 37
materials; and 38
(d) Materials that are made or received by a state agency and 39
preserved by that agency or its successor as evidence of the 40
organization, operation, policy or any other activity of that agency 41
or because of the information contained in the material. 42
7. “Ombudsman” means the Public Records Ombudsman 43
appointed pursuant to section 2 of this act. 44
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8. “Privatization contract” means a contract executed by or on 1
behalf of a governmental entity which authorizes a private entity to 2
provide public services that are: 3
(a) Substantially similar to the services provided by the public 4
employees of the governmental entity; and 5
(b) In lieu of the services otherwise authorized or required to be 6
provided by the governmental entity. 7
Sec. 6. NRS 239.011 is hereby amended to read as follows: 8
239.011 1. If a request for inspection, copying or copies of a 9
public book or record open to inspection and copying is denied or 10
unreasonably delayed , [or] if a person who requests a copy of a 11
public book or record believes that the fee charged by the 12
governmental entity for providing the copy of the public book or 13
record is excessive or improper [,] or if the requester is aggrieved 14
by the final determination of the Ombudsman issued pursuant to 15
section 4 of this act, the requester may apply to the district court in 16
the county in which the book or record is located for an order: 17
(a) Permitting the requester to inspect or copy the book or 18
record; 19
(b) Requiring the person who has legal custody or control of the 20
public book or record to provide a copy to the requester; or 21
(c) Providing relief relating to the amount of the fee, 22
as applicable. 23
2. If a governmental entity is aggrieved by the final 24
determination of the Ombudsman issued pursuant to section 4 of 25
this act, the governmental entity may apply to the district court in 26
the county in which the book or record is located for an order 27
denying the request to inspect or copy the book or record or 28
approving the amount of the fee charged by the governmental 29
entity for the public book or record. 30
3. The court shall give this matter priority over other civil 31
matters to which priority is not given by other statutes. If the 32
requester prevails, the requester is entitled to recover from the 33
governmental entity that has legal custody or control of the record 34
his or her costs and reasonable attorney’s fees in the proceeding. 35
[3.] 4. If the governmental entity appeals the decision of the 36
district court and the decision is affirmed in whole or in part, the 37
requester is entitled to recover from the governmental entity that has 38
legal custody or control of the record his or her costs and reasonable 39
attorney’s fees for the appeal. 40
[4.] 5. The rights and remedies recognized by this section are 41
in addition to any other rights or remedies that may exist in law or in 42
equity. 43
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