EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

2-1 Section 1. The legislature hereby finds and declares:

2-2 1. Ensuring access to information regarding the government is a matter

2-3 of statewide concern and significantly affects the health, safety and welfare

2-4 of the people. Accordingly, this act must be construed liberally to require

2-5 public access to information concerning the conduct and activities of the

2-6 government of this state.

2-7 2. The provisions of this act must not be construed to:

2-8 (a) Repeal an exemption from public disclosure currently granted by a

2-9 state statute or regulation.

2-10 (b) Prohibit a law enforcement agency or an auditor employed by a

2-11 governmental entity from inspecting records during the course of an

2-12 authorized investigation or audit.

2-13 (c) Interfere with the normal course of discovery in a legal action or to

2-14 designate as confidential any record before a court of this state that is not

2-15 otherwise designated as confidential.

2-16 Sec. 2. Chapter 239 of NRS is hereby amended by adding thereto the

2-17 provisions set forth as sections 3 to 16, inclusive, of this act.

2-18 Sec. 3. "Actual cost" means the direct cost related to the

2-19 reproduction of a public record. The term does not include a cost that a

2-20 governmental entity incurs regardless of whether or not a person

2-21 requests a copy of a particular public record.

2-22 Sec. 4. "Committee" means the committee to approve schedules for

2-23 the retention and disposition of official state records created pursuant to

2-24 NRS 239.073.

2-25 Sec. 5. "Division" means the division of state library and archives of

2-26 the department of museums, library and arts.

2-27 Sec. 6. "Governmental entity" means:

2-28 1. An elected or appointed officer of this state or of a political

2-29 subdivision of this state;

2-30 2. An institution, board, commission, bureau, council, department,

2-31 division, authority or other unit of government of this state or of a

2-32 political subdivision of this state;

2-33 3. A university foundation, as defined in NRS 396.405; or

2-34 4. An educational foundation, as defined in NRS 388.750, to the

2-35 extent that the foundation is dedicated to the assistance of public schools.

3-1 Sec. 7. "Information service" has the meaning ascribed to it in NRS

3-2 242.055.

3-3 Sec. 8. "Information system" means any communication network or

3-4 computer hardware, computer software, procedures, personnel,

3-5 technology or data used to collect, process, distribute or store the

3-6 information of a governmental entity.

3-7 Sec. 9. "Initial crime report" means a written or recorded report

3-8 prepared by a peace officer which describes the elements of a crime as

3-9 the elements occurred and which is prepared in response to:

3-10 1. A complaint that alleges a violation of law; or

3-11 2. The discovery of an incident or offense that constitutes an

3-12 apparent violation of law.

3-13 The term does not include a follow-up or investigative report that is

3-14 prepared after the initial crime report.

3-15 Sec. 10. "Peace officer" has the meaning ascribed to it in NRS

3-16 289.010.

3-17 Sec. 11. 1. "Public record" means a record that is prepared, used,

3-18 received, retained or maintained by a governmental entity in connection

3-19 with the:

3-20 (a) Transaction of public business;

3-21 (b) Expenditure of public money; or

3-22 (c) Administration of public property, as that term is defined in NRS

3-23 528.096,

3-24 regardless of its physical form or characteristics, including, without

3-25 limitation, a book, letter, document, paper, final budget, proposed budget

3-26 and supporting information as submitted by the originating

3-27 governmental entity for approval or adoption, roster, map, plan,

3-28 photograph, film, card, tape, recording, electronic data or electronic

3-29 communications.

3-30 2. Except as otherwise provided by specific statute or regulation,

3-31 "public record" includes, without limitation:

3-32 (a) A report of arrest prepared by a peace officer.

3-33 (b) The contents of an initial crime report prepared by a peace officer,

3-34 including, without limitation:

3-35 (1) The date, time, location and nature of the complaint, incident or

3-36 offense;

3-37 (2) The name of the victim, unless a specific statute requires that

3-38 the name of the victim be kept confidential;

3-39 (3) The general nature or scope of the initial actions taken in

3-40 response to the complaint, incident or offense by the peace officer or the

3-41 law enforcement agency that employs him;

4-1 (4) A description of the general nature of any injury or an

4-2 assessment of any damage sustained in the incident or as a result of the

4-3 offense;

4-4 (5) The name, address and any other information that identifies a

4-5 person arrested or charged in connection with the complaint, incident or

4-6 offense; and

4-7 (6) The identity of the peace officer who initially responded to the

4-8 complaint, incident or offense, unless the peace officer is working as an

4-9 undercover officer or agent.

4-10 (c) The contents of a "911" or other emergency telephone call

4-11 received by or on behalf of a law enforcement agency.

4-12 (d) A report pertaining to an accident involving a motor vehicle.

4-13 3. "Public record" does not include:

4-14 (a) A temporary or preliminary draft, note or memorandum that is not

4-15 retained by a governmental entity in the ordinary course of business,

4-16 unless the governmental entity uses the draft, note or memorandum as

4-17 the basis of a final decision.

4-18 (b) A record that is legally owned by an officer, employee or agent of

4-19 a governmental entity in his private capacity.

4-20 (c) A record relating to an audit conducted by a governmental entity,

4-21 except a final audit report.

4-22 (d) Proprietary computer software, including, without limitation, a

4-23 program or system that is developed by or for the use of a governmental

4-24 entity.

4-25 (e) Mail or publications received by a governmental entity that consist

4-26 solely of advertisements.

4-27 (f) A record that contains employment information regarding a peace

4-28 officer, to the extent that disclosure would impair the effectiveness of an

4-29 investigation or endanger a person.

4-30 (g) Books, publications and other records that are:

4-31 (1) Cataloged, indexed or inventoried; and

4-32 (2) Included in the collection of a public library or museum.

4-33 (h) Property acquired by a library or museum for exhibition.

4-34 (i) Artifacts and nondocumentary tangible property.

4-35 (j) Except as otherwise provided in section 12 of this act, a record

4-36 retained in the personnel file of an employee of a governmental entity.

4-37 Sec. 12. 1. Except as otherwise provided in paragraph (f) of

4-38 subsection 3 of section 11 of this act and this section, a governmental

4-39 entity shall make the following information regarding each employee of

4-40 a governmental entity available for public inspection:

4-41 (a) The name of the employee;

5-1 (b) The gross compensation and perquisites paid by the governmental

5-2 entity to the employee, except any compensation that has been

5-3 reimbursed by a private person or entity;

5-4 (c) The title of the position held by the employee;

5-5 (d) A description of the position held by the employee;

5-6 (e) The qualifications established by the governmental entity for the

5-7 position held by the employee;

5-8 (f) The address and telephone number of the employee’s place of

5-9 employment, unless the place of employment is a fire station;

5-10 (g) The number of hours that the employee is scheduled to work in

5-11 each pay period or, if this information is not readily available, an

5-12 indication of whether the employee works full time or part time;

5-13 (h) The date on which the employee began his employment with the

5-14 governmental entity, unless that date is used as a security code for access

5-15 to computerized records; and

5-16 (i) The date, if applicable, on which the employment of the employee

5-17 was terminated.

5-18 2. A governmental entity must comply with the provisions of this

5-19 section either by providing the information set forth in subsection 1 upon

5-20 request or by establishing and maintaining a roster that contains the

5-21 information.

5-22 Sec. 13. A governmental entity shall not contract for or take delivery

5-23 of an information system or information technology that is designed for

5-24 the storage, manipulation or retrieval of public records, unless the

5-25 governmental entity determines that the information system or

5-26 information technology will not impair or impede its duty pursuant to

5-27 subsection 1 of NRS 239.010 to make a public record available to a

5-28 person to inspect, copy or prepare an abstract therefrom. This section

5-29 must not be construed to require a governmental entity to retain obsolete

5-30 hardware or software.

5-31 Sec. 14. Each governmental entity shall create an index listing all

5-32 electronic data bases that it compiles or creates. The governmental entity

5-33 shall, upon request, make the index available to a person to inspect.

5-34 Sec. 15. Except as otherwise provided in NRS 440.650 and 481.063,

5-35 an officer, employee or agent of a governmental entity who has custody

5-36 of a public record may question a person who requests to inspect, copy or

5-37 prepare an abstract from the public record only to the extent necessary to

5-38 clarify the request or determine the appropriate fees.

5-39 Sec. 16. 1. An officer, employee or agent of a governmental entity

5-40 shall not:

5-41 (a) Deny a person the right to inspect, copy or prepare an abstract

5-42 from a public record; or

5-43 (b) Deny a request for a copy of a public record,

6-1 because the public record contains information that must not be made

6-2 available pursuant to subsection 2 of NRS 239.010.

6-3 2. If a person requests to inspect, copy or prepare an abstract from a

6-4 public record that contains information which must not be made

6-5 available pursuant to subsection 2 of NRS 239.010, an officer, employee

6-6 or agent of the governmental entity shall delete, redact or separate the

6-7 information that must not be made available and shall allow the person

6-8 who requested the public record to inspect, copy or prepare an abstract of

6-9 the information that must be made available.

6-10 3. An officer, employee or agent of a governmental entity shall not

6-11 deliberately include in a public record information that must not be made

6-12 available pursuant to subsection 2 of NRS 239.010 to make inspection of,

6-13 copying or preparation of an abstract from a public record or

6-14 information contained in a public record more difficult.

6-15 Sec. 17. NRS 239.005 is hereby amended to read as follows:

6-16 239.005 As used in this chapter, unless the context otherwise requires

6-36 meanings ascribed to them in those sections.

6-37 Sec. 18. NRS 239.010 is hereby amended to read as follows:

6-38 239.010 1. [All public books and] Except as otherwise provided in

6-39 subsection 2 and section 16 of this act, the public records of a

6-40 governmental entity [, the contents of which are not otherwise declared by

6-41 law to be confidential,] must be open at all times during office hours to

6-42 inspection by any person [,] and may be fully copied , or an abstract [or

6-43 memorandum] may be prepared from those public [books and public]

7-1 records. Any such copies [, abstracts or memoranda] or abstracts may be

7-2 used to supply the general public with copies [, abstracts or memoranda] or

7-3 abstracts of the records or may be used in any other way to the advantage

7-4 of the governmental entity or of the general public. This section does not

7-5 supersede or in any manner affect the federal laws governing copyrights or

7-6 enlarge, diminish or affect in any other manner the rights of a person in

7-7 any written book or record which is copyrighted pursuant to federal law.

7-8 2. [A governmental entity may not reject a book or record which is

7-9 copyrighted solely because it is copyrighted.] Except as otherwise

7-10 provided in section 16 of this act, a public record must not be made

7-11 available for a person to inspect, copy or prepare an abstract therefrom

7-12 if:

7-13 (a) Access to the record is restricted or the record is declared to be

7-14 confidential:

7-15 (1) By a specific federal statute or regulation;

7-16 (2) By a specific statute of this state or a regulation authorized

7-17 specifically by a statute of this state to declare such a restriction;

7-18 (3) As a condition of participation in a state or federal program;

7-19 (4) As a condition of receiving state or federal money; or

7-20 (5) Pursuant to the provisions of a contract.

7-21 (b) It contains information regarding a person’s medical, psychiatric

7-22 or psychological history, diagnosis, condition, treatment, evaluation or

7-23 similar data, unless the disclosure is in a form that does not associate the

7-24 information with a particular person.

7-25 (c) Disclosure would jeopardize:

7-26 (1) The physical security of a correctional facility, detention facility,

7-27 juvenile facility or other governmental facility or property;

7-28 (2) The safety of employees of the governmental entity; or

7-29 (3) A current or future plan or tactical operation of a law

7-30 enforcement agency.

7-31 (d) It would reveal information compiled by a governmental entity to

7-32 prevent or prosecute violations of the law, including, without limitation,

7-33 information derived from witnesses, laboratory tests, surveillance,

7-34 investigators, confidential informants, photographs and measurements,

7-35 and:

7-36 (1) The release of the information would:

7-37 (I) Interfere with the ability to prosecute a defendant or the right

7-38 of a defendant to receive a fair trial;

7-39 (II) Jeopardize an investigation that has not been closed; or

7-40 (III) Discourage the reporting of illegal governmental action or

7-41 discourage cooperation in a related investigation regarding the action of

7-42 a governmental entity or an employee of the governmental entity.

8-1 (2) The information concerns an investigation of an employee of

8-2 the governmental entity.

8-3 (e) Except as otherwise provided in this paragraph, it contains

8-4 information concerning the appraisal of real property that a

8-5 governmental entity may acquire, unless the property has already been

8-6 acquired. An administrator or negotiator of a governmental entity may

8-7 disclose information relating to a current appraisal of real property only

8-8 to another party with whom the administrator or negotiator is

8-9 negotiating.

8-10 (f) It is a record:

8-11 (1) Prepared by or on behalf of a governmental entity in connection

8-12 with existing or anticipated litigation that is not available under the rules

8-13 of discovery;

8-14 (2) Disclosing an attorney’s work product, including, without

8-15 limitation, mental impressions or legal theories of an attorney or other

8-16 representatives of a governmental entity concerning litigation;

8-17 (3) Concerning the strategy of a governmental entity relating to

8-18 collective bargaining or pending litigation;

8-19 (4) Revealing the contents of settlement negotiations before the

8-20 settlement is final;

8-21 (5) Revealing communication between a governmental entity and

8-22 an attorney representing, retained or employed by the governmental

8-23 entity, if the communication is privileged; or

8-24 (6) Revealing communication between or among attorneys or their

8-25 support staff regarding their representation of a governmental entity, if

8-26 the communication is privileged.

8-27 (g) It is material that a natural person donated to a library, archive or

8-28 museum and, as a condition of the donation, the donor requested that his

8-29 name or the material remain confidential for a specified period which

8-30 has not expired. If the donor and the custodian of the material did not

8-31 agree upon a period of nondisclosure, the material must not be made

8-32 available pursuant to subsection 1 until after the death of the donor or

8-33 until 30 years have expired since the library, archive or museum received

8-34 the material, whichever is later.

8-35 (h) It would reveal the identity of a person who donated a gift to a

8-36 governmental entity, if the person has declared an intent to remain

8-37 anonymous.

8-38 (i) It contains questions or answers used in, or preparatory

8-39 information relating to, an academic examination or an examination to

8-40 determine fitness for licensure, certification or employment and:

8-41 (1) Disclosure would compromise the security, fairness or

8-42 objectivity of the examination; or

9-1 (2) A contract governing the use of the examination requires that

9-2 the questions or answers remain confidential.

9-3 (j) It contains administrative or technical information, including,

9-4 without limitation, information that is contained in computer systems or

9-5 programs and operating procedures or manuals, the disclosure of which

9-6 would jeopardize the security of a recordkeeping system.

9-7 (k) It is information that:

9-8 (1) Is in the custody of a governmental entity that performs an

9-9 information service, microfilming or similar services; and

9-10 (2) Is the property of another governmental entity that is using

9-11 those services.

9-12 (l) It concerns:

9-13 (1) The eligibility of a person to receive benefits; or

9-14 (2) The level of benefits that a person is eligible to receive,

9-15 from a governmental entity, including, without limitation, unemployment

9-16 insurance, welfare assistance or other social services.

9-17 (m) It contains information related to the identity of a confidential

9-18 informant or a person participating in a program for the protection of

9-19 witnesses.

9-20 (n) It contains information related to an investigation of alleged

9-21 sexual harassment, regardless of whether the investigation is pending or

9-22 has been closed.

9-23 (o) It contains trade secrets or other confidential or proprietary

9-24 information of a governmental entity, the disclosure of which would

9-25 cause commercial or financial injury to the governmental entity or would

9-26 interfere with a commercial or financial transaction planned by the

9-27 governmental entity.

9-28 (p) Except as otherwise provided in NRS 378.290, it is correspondence

9-29 sent to or received by the governor or employees of his office in the

9-30 performance of governmental duties during the governor’s term of

9-31 office, unless the governor determines that the release of the

9-32 correspondence is necessary for the performance of his duties.

9-33 (q) It is an application for utility service or a record related to the

9-34 provision of or payment for such service that is retained by a

9-35 governmental entity that provides utility service to members of the

9-36 general public.

9-37 3. A person may request a copy of a public record in any medium in

9-38 which the public record is readily available. An officer, employee or agent

9-39 of a governmental entity who has custody of a public record shall not

9-40 refuse to provide a copy of that public record in a readily available

9-41 medium because he has already prepared or would prefer to provide the

9-42 copy in a different medium.

10-1 [4. As used in this section:

10-2 (a) "Educational foundation" has the meaning ascribed to it in

10-3 subsection 3 of NRS 388.750.

10-4 (b) "University foundation" has the meaning ascribed to it in subsection

10-5 3 of NRS 396.405.]

10-6 Sec. 19. NRS 239.011 is hereby amended to read as follows:

10-7 239.011 If a request [for inspection or copying of a public book or

10-8 record open to inspection and copying] to inspect, copy or prepare an

10-9 abstract from a public record is denied, the requester may apply to the

10-10 district court in the county in which the [book or] public record is located

10-11 for an order [permitting] allowing him to inspect , [or] copy or prepare an

10-12 abstract from it. The court shall give this matter priority over other civil

10-13 matters to which priority is not given by other statutes. If the requester

10-14 prevails, he is entitled to recover his costs and reasonable attorney’s fees in

10-15 the proceeding from the governmental entity whose officer , employee or

10-16 agent has custody of the [book or] public record.

10-17 Sec. 20. NRS 239.012 is hereby amended to read as follows:

10-18 239.012 A public officer , [or] employee or agent who acts in good

10-22 concerns.

10-23 Sec. 21. NRS 239.013 is hereby amended to read as follows:

10-24 239.013 Any records of a public library or other library which contain

10-30 the public safety or to prosecute a crime.

10-31 Sec. 22. NRS 239.030 is hereby amended to read as follows:

10-32 239.030 [Every officer having] Except as otherwise provided in

10-38 copying and certifying.

10-39 Sec. 23. NRS 239.055 is hereby amended to read as follows:

10-40 239.055 1. Except as otherwise provided in NRS 239.054 regarding

10-43 including, without limitation, a public record that contains information

11-1 which must be deleted, redacted or separated pursuant to section 16 of

11-2 this act, would require a governmental entity to make extraordinary use of

11-3 its personnel or technological resources, the governmental entity may, in

11-4 addition to any other fee authorized pursuant to this chapter, charge a fee

11-5 for such extraordinary use. Upon receiving such a request, the

11-6 governmental entity shall inform the requester of the amount of the fee

11-7 before preparing the requested information. The fee charged by the

11-8 governmental entity must be reasonable and must be based on the actual

11-9 cost that the governmental entity [actually] incurs for the extraordinary use

11-10 of its personnel or technological resources. The governmental entity shall

11-11 not charge such a fee if the governmental entity is not required to make

11-12 extraordinary use of its personnel or technological resources to fulfill

11-13 additional requests for the same information.

11-14 2. As used in this section, "technological resources" means any

11-15 information, information system or information service acquired,

11-16 developed, operated, maintained or otherwise used by a governmental

11-17 entity.

11-18 Sec. 24. NRS 532.150 is hereby amended to read as follows:

11-19 532.150 1. [The] Except as otherwise provided in subsection 4, the

11-29 subject to the provisions of this section.

11-30 Sec. 25. The provisions of section 13 of this act do not apply to any

11-31 contracts for an information system or information technology into which a

11-32 governmental entity has entered before October 1, 1999.

11-33 Sec. 26. 1. This section, sections 1 to 13, inclusive, and 15 to 25,

11-34 inclusive, of this act become effective on October 1, 1999.

11-35 2. Section 14 of this act becomes effective on July 1, 2000.