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 governmental entity may charge for providing a copy of a public record in certain circumstances; authorizing a governmental entity to charge an additional fee or waive a fee for a copy of a public record in certain circumstances; requiring a governmental entity to post a notice or make available a list of the fees it charges to provide a copy of a public record; requiring a governmental entity to provide a copy of a public record in the medium requested; establishing a study to determine the effect of certain provisions of this act on governmental entities; and providing other matters properly relating thereto.
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 thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 1. Except as otherwise provided in this subsection, a governmental entity may charge a fee for providing a copy of a public record. Such a fee must not exceed the actual cost to the governmental entity to provide the copy of the public record unless a specific statute or regulation sets a fee that the governmental entity must charge for the copy. A governmental entity shall not charge a fee for providing a copy of a public record if a specific statute or regulation requires the governmental entity to provide the copy without charge.
2. A governmental entity may waive all or a portion of a charge or fee for a copy of a public record if the governmental entity:
(a) Adopts a written policy to waive all or a portion of a charge or fee for a copy of a public record; and
(b) Posts, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice that states the terms of the policy.
3. A governmental entity shall prepare and maintain a list of the fees that it charges at each office in which the governmental entity provides copies of public records. A governmental entity shall post, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states:
(a) The fee that the governmental entity charges to provide a copy of a public record; or
(b) The location at which a list of each fee that the governmental entity charges to provide a copy of a public record may be obtained.
Sec. 3. 1. Except as otherwise provided in section 4 of this act regarding information provided from a geographic information system, if a request for a copy of a public record would require a governmental entity to make extraordinary use of its personnel or technological resources, the governmental entity may, in addition to any other fee authorized pursuant to this chapter, charge a fee for such extraordinary use. Upon receiving such a request, the governmental entity shall inform the requester of the amount of the fee before preparing the requested information. The fee charged by the governmental entity must be reasonable and must be based on the cost that the governmental entity actually incurs for the extraordinary use of its personnel or technological resources. The governmental entity shall not charge such a fee if the governmental entity is not required to make extraordinary use of its personnel or technological resources to fulfill additional requests for the same information.
2. As used in this section, "technological resources" means any information, information system or information service acquired, developed, operated, maintained or otherwise used by a governmental entity.
Sec. 4. 1. A fee for the provision of information from a geographic information system may include, in addition to the actual cost of the medium in which the information is provided, the reasonable costs related to:
(a) The gathering and entry of data into the system;
(b) Maintenance and updating of the database of the system;
(c) Hardware;
(d) Software;
(e) Quality control; and
(f) Consultation with personnel of the governmental entity.
2. As used in this section, "geographic information system" means a system of hardware, software and data files on which spatially oriented geographical information is digitally collected, stored, managed, manipulated, analyzed and displayed.
Sec. 5. 1. If a person requests a copy of a transcript of an administrative proceeding that has been transcribed by a certified court reporter, a governmental entity shall charge, in addition to the actual cost of the medium in which the copy of the transcript is provided, a fee for each page provided which is equal in amount to the fee per page charged by the court reporter for the copy of the transcript, as set forth in the contract between the governmental entity and the court reporter. For each page provided, the governmental entity shall remit to the court reporter who transcribed the proceeding an amount equal to the fee per page set forth in the contract between the governmental entity and the court reporter.
2. The governmental entity shall post in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states that, in addition to the actual cost of the medium in which the copy of the transcript is provided, the fee charged for a copy of each page of the transcript is the fee per page set forth in the contract between the governmental entity and the court reporter.
Sec. 6. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [:] , unless the context otherwise requires:
1. "Actual cost" means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.
2. "Committee" means the committee to approve schedules for the retention and disposition of official state records . [; and
2.] 3. "Division" means the division of state library and archives of the department of museums, library and arts.
4. "Governmental entity" means:
(a) An elected or appointed officer of this state or of a political subdivision of this state;
(b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this state or of a political subdivision of this state;
(c) A university foundation, as defined in NRS 396.405; or
(d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.
Sec. 7. 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,] governmental entity, 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] governmental entity 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] governmental entity 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 governmental entity 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. 8. NRS 239.011 is hereby amended to read as follows:
239.011 If a request for inspection or copying of a public book or record open to inspection and copying is denied, the requester may apply to the district court in the county in which the book or record is located for an order permitting him to inspect or copy it. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, he is entitled to recover his costs and reasonable attorney's fees in the proceeding from the [agency] governmental entity whose officer has custody of the book or record.
Sec. 9. 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 governmental entities 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. 10. 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. 11. 1. This section, section 1 and sections 3 to 10, inclusive, of this act become effective on October 1, 1997.
2. Section 2 of this act becomes effective on July 1, 1999.