Assembly Bill No. 214

Assembly Bill No. 214-Committee on Government Affairs

(On Behalf of the Office of the
Secretary of State)

March 5, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Makes various changes relating to provision of copies of public records. (BDR 19-509)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public records; limiting the amount of a fee that a public agency may charge for providing a copy of a public record in certain circumstances; requiring a public agency to provide copies of public records in the medium requested; authorizing a public agency to charge additional fees or waive fees for copies of public records in certain circumstances; establishing a study to determine the effect of certain provisions of this act on public agencies; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in NRS 239.020 and 239.030, a public agency shall not charge a fee for providing a copy of a public record in an amount that exceeds the actual cost to the public agency to provide that copy, unless a specific state statute or regulation authorizes the public agency to charge a different fee for a copy of a public record.
2. A public agency shall post, in a conspicuous place at each office in which the public agency provides copies of public records, a legible sign or notice which states the fees that the public agency charges to provide a copy of a public record.
3. The provisions of this section do not apply to a public agency that is required to provide copies of public records without charge.
4. As used in this section, "actual cost" means the direct cost related to the reproduction of a public record, as determined in accordance with generally accepted accounting principles. The term does not include a cost that a public agency incurs regardless of whether or not a person requests a copy of a particular public record.
Sec. 3. 1. If a request for a copy of a public record would require a public agency to make extraordinary use of its technological resources or personnel, the public agency may, in addition to any other fee authorized pursuant to this chapter, charge a fee for such extraordinary use. Such a fee must be reasonable and must be based on the cost that the public agency actually incurs for the extraordinary use of its technological resources or personnel.
2. A public agency shall not waive a charge or fee for providing a copy of a public record unless the public agency:
(a) Adopts a written policy to waive charges or fees for providing copies of public records; and
(b) Posts, in a conspicuous place at each office in which the public agency provides copies of public records, a legible sign or notice that states the terms of the policy.
3. As used in this section, "technological resources" means any information, information system or information service acquired, developed, operated, maintained or otherwise used by a public agency.
Sec. 4. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [:] , unless the context otherwise requires:
1. "Committee" means the committee to approve schedules for the retention and disposition of official state records . [; and]
2. "Division" means the division of state library and archives of the department of museums, library and arts.
3. "Public agency" means an officer of the state or a county, city, district, governmental subdivision or quasi-municipal corporation and an office of this state.
Sec. 5. NRS 239.010 is hereby amended to read as follows:
239.010 1. All public books and public records of a public agency, a university foundation or an educational foundation, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the public agency, university foundation or educational foundation or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A public agency may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a public agency who has custody of a public record shall not refuse to provide a copy of that public record in a readily available medium because he has already prepared or would prefer to provide the copy in a different medium.
4. As used in this section:
(a) "Educational foundation" has the meaning ascribed to it in subsection 3 of NRS 388.750.
(b) ["Public agency" means any officer of the state or a county, city, district, governmental subdivision or quasi-municipal corporation and any office of this state.
(c)] "University foundation" has the meaning ascribed to it in subsection 3 of NRS 396.405.
Sec. 6. 1. On or before July 1, 1998, the Department of Administration, in cooperation with the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, the Nevada Association of Counties, Nevada League of Cities, Nevada Association of School Boards, Board of Regents of the University of Nevada, Nevada Taxpayers Association, Fiscal Analysis Division of the Legislative Counsel Bureau, Administrative Office of the Courts, Nevada Press Association and Society of Professional Journalists, shall:
(a) Determine the fiscal effect that the provisions of subsection 3 of NRS 239.010 have had and that the provisions of section 2 of this act will have on public agencies in this state.
(b) Prepare a written report of its findings.
(c) Deliver a copy of the report prepared pursuant to subsection 2 to:
(1) The governor;
(2) The interim finance committee; and
(3) Each local governing body that will be affected by this act.
(d) Recommend to the legislative commission any proposals for legislation regarding public records and governmental budgeting practices that it deems appropriate based on its findings.
2. The Department of Administration shall hold at least one public hearing at which it solicits the opinion of the public regarding the fiscal effects of the provisions of subsection 3 of NRS 239.010 and section 2 of this act on the public. The Department of Administration shall arrange, if feasible, for the teleconferencing of the hearing between the northern and southern parts of this state.
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. 1. This section, section 1 and sections 3 to 7, inclusive, of this act become effective on October 1, 1997.
2. Section 2 of this act becomes effective on July 1, 1999.