Senate Bill No. 443–Committee on Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises manner in which public books and other public records of governmental entities may be declared confidential. (BDR 19‑790)

 

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; revising the manner in which public books and other public records of governmental entities may be declared confidential; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 239.010 is hereby amended to read as follows:

1-2  239.010  1.  All public books and other public records of a

1-3  governmental entity, the contents of which are not otherwise

1-4  declared by [law] state statute to be confidential, must be open at all

1-5  times during office hours to inspection by any person, and may be

1-6  fully copied or an abstract or memorandum may be prepared from

1-7  those public books and other public records. Any such copies,

1-8  abstracts or memoranda may be used to supply the general public

1-9  with copies, abstracts or memoranda of the records or may be used

1-10  in any other way to the advantage of the governmental entity or of

1-11  the general public. This section does not supersede or in any manner

1-12  affect the federal laws governing copyrights or enlarge, diminish or

1-13  affect in any other manner the rights of a person in any written book

1-14  or record which is copyrighted pursuant to federal law.

1-15      2.  A governmental entity may not reject a book or record

1-16  which is copyrighted solely because it is copyrighted.

2-1  3.  A person may request a copy of a public record in any

2-2  medium in which the public record is readily available. An officer,

2-3  employee or agent of a governmental entity who has custody of a

2-4  public record shall not refuse to provide a copy of that public record

2-5  in a readily available medium because he has already prepared or

2-6  would prefer to provide the copy in a different medium.

2-7  Sec. 2.  NRS 239.013 is hereby amended to read as follows:

2-8  239.013  Any records of a public library or other library which

2-9  contain the identity of a user and the books, documents, films,

2-10  recordings or other property of the library which he used are

2-11  confidential and not public books or other public records within the

2-12  meaning of NRS 239.010. Such records may be disclosed only in

2-13  response to an order issued by a court upon a finding that the

2-14  disclosure of such records is necessary to protect the public safety or

2-15  to prosecute a crime.

2-16      Sec. 3.  Any administrative regulations adopted before

2-17  October 1, 2003, which declare public books or other public records

2-18  confidential pursuant to NRS 239.010 are hereby declared void. In

2-19  preparing the supplements to the Nevada Administrative Code on or

2-20  after October 1, 2003, the Legislative Counsel shall remove any

2-21  such administrative regulations.

 

2-22  H