REQUIRES TWO-THIRDS MAJORITY VOTE
(§ 1)
A.B. 51
- *AB51*
ASSEMBLY BILL NO. 51–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE NEVADA LEAGUE OF
CITIES AND MUNICIPALITIES)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public records.
(BDR 19-430)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public records; authorizing a governmental
entity to charge a person who requests a copy of a public
record a reasonable fee for the use of its personnel or
technological resources; requiring a request to inspect,
copy or receive a copy of a public book or record to be in
writing and identify the requester; requiring, under certain
circumstances, a person who makes such a request to
make a reasonable effort to assist the governmental entity
in focusing the request; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
The Public Records Act provides that all public books and public records of a 1
state or local governmental entity, unless otherwise declared by law to be 2
confidential, are required to be open at all times during office hours for the public 3
to inspect, copy or receive a copy thereof. (NRS 239.010) Section 2 of this bill 4
requires a request to inspect, copy or receive a copy of a public book or public 5
record to: (1) be in writing; and (2) identify the person who is making the request. 6
Section 3 of this bill makes a conforming change to reflect the requirement for such 7
a request to be made in writing. 8
The Public Records Act authorizes a governmental entity to charge a fee for 9
providing a copy of a public record but such fee generally must not exceed the 10
actual cost to the governmental entity of providing the copy. (NRS 239.052) The 11
term “actual cost” means the direct cost incurred by a governmental entity in the 12
– 2 –
- *AB51*
provision of a public record, including the cost of ink, toner, paper, media and 13
storage, but the term does not include a cost that a governmental entity incurs 14
regardless of whether or not a person requests a copy of a particular public record. 15
The Public Records Act also: (1) requires a governmental entity to charge certain 16
fees for a copy of a transcript of an administrative proceeding that has been 17
transcribed by a certified court reporter; and (2) authorizes a governmental entity to 18
charge certain fees for information from a geographic information system. (NRS 19
239.053, 239.054) Section 1 of this bill provides that, in addition to any other such 20
authorized fees, a governmental entity may charge a reasonable fee for the use of its 21
personnel or technological resources. Section 1 further provides that in order to 22
charge a fee for the use of its personnel or technological resources, the 23
governmental entity must adopt a written policy that: (1) provides a method for 24
calculating such a fee; and (2) requires the governmental entity to provide written 25
notice to the requester of the amount of the fee before preparing the requested 26
information. 27
Under the Public Records Act, if a person requests to inspect or copy a public 28
book or record or receive a copy of a public book or record which the governmental 29
entity is unable to make available by the end of the fifth business day after the 30
request was received, the governmental entity is required to perform certain actions, 31
including making a reasonable effort to assist the requester to focus the request in 32
such a manner as to maximize the likelihood the requester will be able to inspect, 33
copy or receive a copy of the public book or record as expeditiously as possible. 34
(NRS 239.0107) Section 3 requires the requester to make a reasonable effort to 35
assist the governmental entity in focusing the request. 36
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 a new section to read as follows: 2
1. Except as otherwise provided in subsection 2, and in 3
addition to any fee authorized pursuant to NRS 239.052, 239.053 4
and 239.054, a governmental entity may charge a reasonable fee 5
for the use of its personnel or technological resources in fulfilling 6
a request for a copy of a public record. 7
2. A governmental entity may charge a fee pursuant to 8
subsection 1 only if the governmental entity adopts a written policy 9
which: 10
(a) Provides a method for calculating the fee for the use of its 11
personnel and technological resources; and 12
(b) Requires the governmental entity to provide notice to the 13
requester, in writing, of the amount of the fee for the use of its 14
personnel and technological resources before preparing the 15
requested information. 16
3. As used in this section, “technological resources” means 17
any information, information system or information service 18
acquired, developed, operated, maintained or otherwise used by a 19
governmental entity. 20
– 3 –
- *AB51*
Sec. 2. NRS 239.010 is hereby amended to read as follows: 1
239.010 1. Except as otherwise provided in this section and 2
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 3
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 4
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 5
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 6
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 7
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 8
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 9
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 10
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 11
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 12
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 13
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 14
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 15
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 16
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 17
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 18
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 19
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 20
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 21
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 22
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 23
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 24
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 25
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 26
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 27
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 28
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 29
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 30
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 31
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 32
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 33
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 34
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 35
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 36
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 37
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 38
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 39
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 40
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 41
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 42
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 43
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 44
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 45
– 4 –
- *AB51*
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 1
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 2
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 3
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 4
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 5
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 6
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 7
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 8
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 9
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 10
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 11
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 12
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 13
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 14
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 15
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 16
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 17
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 18
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 19
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 20
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 21
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 22
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 23
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 24
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 25
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 26
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 27
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 28
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 29
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 30
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 31
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 32
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 33
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 34
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 35
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 36
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 37
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 38
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 39
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 40
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 41
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 42
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 43
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 44
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 45
– 5 –
- *AB51*
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 1
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 3
unless otherwise declared by law to be confidential, all public books 4
and public records of a governmental entity must be open at all 5
times during office hours to inspection by any person, and may be 6
fully copied or an abstract or memorandum may be prepared from 7
those public books and public records. Any such copies, abstracts or 8
memoranda may be used to supply the general public with copies, 9
abstracts or memoranda of the records or may be used in any other 10
way to the advantage of the governmental entity or of the general 11
public. This section does not supersede or in any manner affect the 12
federal laws governing copyrights or enlarge, diminish or affect in 13
any other manner the rights of a person in any written book or 14
record which is copyrighted pursuant to federal law. 15
2. A governmental entity may not reject a book or record 16
which is copyrighted solely because it is copyrighted. 17
3. A request to inspect, copy or receive a copy of a public 18
book or record must: 19
(a) Be in writing; and 20
(b) Identify the person requesting to inspect, copy or receive a 21
copy of a public book or record. 22
4. A governmental entity that has legal custody or control of a 23
public book or record shall not deny a request made pursuant to 24
subsection 1 to inspect or copy or receive a copy of a public book or 25
record on the basis that the requested public book or record contains 26
information that is confidential if the governmental entity can 27
redact, delete, conceal or separate, including, without limitation, 28
electronically, the confidential information from the information 29
included in the public book or record that is not otherwise 30
confidential. 31
[4.] 5. If requested, a governmental entity shall provide a copy 32
of a public record in an electronic format by means of an electronic 33
medium. Nothing in this subsection requires a governmental entity 34
to provide a copy of a public record in an electronic format or by 35
means of an electronic medium if: 36
(a) The public record: 37
(1) Was not created or prepared in an electronic format; and 38
(2) Is not available in an electronic format; or 39
(b) Providing the public record in an electronic format or by 40
means of an electronic medium would: 41
(1) Give access to proprietary software; or 42
(2) Require the production of information that is confidential 43
and that cannot be redacted, deleted, concealed or separated from 44
information that is not otherwise confidential. 45
– 6 –
- *AB51*
[5.] 6. An officer, employee or agent of a governmental entity 1
who has legal custody or control of a public record: 2
(a) Shall not refuse to provide a copy of that public record in the 3
medium that is requested because the officer, employee or agent has 4
already prepared or would prefer to provide the copy in a different 5
medium. 6
(b) Except as otherwise provided in NRS 239.030, shall, upon 7
request, prepare the copy of the public record and shall not require 8
the person who has requested the copy to prepare the copy himself 9
or herself. 10
Sec. 3. NRS 239.0107 is hereby amended to read as follows: 11
239.0107 1. Not later than the end of the fifth business day 12
after the date on which the person who has legal custody or control 13
of a public book or record of a governmental entity receives a 14
written [or oral] request from a person to inspect, copy or receive a 15
copy of the public book or record, a governmental entity shall do 16
one of the following, as applicable: 17
(a) Except as otherwise provided in subsection 2, allow the 18
person to inspect or copy the public book or record or, if the request 19
is for the person to receive a copy of the public book or record, 20
provide such a copy to the person. 21
(b) If the governmental entity does not have legal custody or 22
control of the public book or record, provide to the person, in 23
writing: 24
(1) Notice of the fact that it does not have legal custody or 25
control of the public book or record; and 26
(2) The name and address of the governmental entity that has 27
legal custody or control of the public book or record, if known. 28
(c) Except as otherwise provided in paragraph (d), if the 29
governmental entity is unable to make the public book or record 30
available by the end of the fifth business day after the date on which 31
the person who has legal custody or control of the public book or 32
record received the request: 33
(1) Provide to the person, in writing, notice of the fact that it 34
is unable to make the public book or record available by that date 35
and the earliest date and time after which the governmental entity 36
reasonably believes the public book or record will be available for 37
the person to inspect or copy or after which a copy of the public 38
book or record will be available to the person. If the public book or 39
record or the copy of the public book or record is not available to 40
the person by that date and time, the governmental entity shall 41
provide to the person, in writing, an explanation of the reason the 42
public book or record is not available and a date and time after 43
which the governmental entity reasonably believes the public book 44
or record will be available for the person to inspect or copy or after 45
– 7 –
- *AB51*
which a copy of the public book or record will be available to the 1
person. 2
(2) Make a reasonable effort to assist the requester to focus 3
the request in such a manner as to maximize the likelihood the 4
requester will be able to inspect, copy or receive a copy of the 5
public book or record as expeditiously as possible. The requester 6
must make a reasonable effort to assist the governmental entity to 7
focus the request. 8
(d) If the governmental entity must deny the person’s request 9
because the public book or record, or a part thereof, is confidential, 10
provide to the person, in writing: 11
(1) Notice of that fact; and 12
(2) A citation to the specific statute or other legal authority 13
that makes the public book or record, or a part thereof, confidential. 14
2. If a public book or record of a governmental entity is readily 15
available for inspection or copying, the person who has legal 16
custody or control of the public book or record shall allow a person 17
who has submitted a request to inspect, copy or receive a copy of a 18
public book or record as expeditiously as practicable. 19
Sec. 4. This act becomes effective upon passage and approval. 20
H