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).

1-1 Section 1. Chapter 239 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. The legislature hereby finds and declares that the provisions

1-4 of this chapter:

1-5 1. Are intended to:

1-6 (a) Enhance governmental accountability through a general policy of

1-7 access to governmental records;

1-8 (b) Make governmental entities accountable to persons with respect to

1-9 the manner in which they collect, use and disseminate information

1-10 relating to those persons; and

1-11 (c) Protect personal privacy and related interests whenever the public

1-12 interest in disclosure of information set forth in a public record does not

1-13 outweigh those interests.

1-14 2. Are not intended to be used to:

2-1 (a) Infringe upon personal privacy;

2-2 (b) Further a commercial enterprise; or

2-3 (c) Disrupt the carrying out of the duties of a governmental entity,

2-4 except insofar as is necessary to promote the purposes set forth in

2-5 subsection 1.

2-6 Sec. 3. "Actual cost" means the direct cost related to the

2-7 reproduction of a public record, including, without limitation, the cost

2-8 incurred by a governmental entity for its employees to search for and

2-9 retrieve records, and other direct administrative costs.

2-10 Sec. 4. "Committee" means the committee to approve schedules for

2-11 the retention and disposition of official state records created pursuant to

2-12 NRS 239.073.

2-13 Sec. 5. "Division" means the division of state library and archives of

2-14 the department of museums, library and arts.

2-15 Sec. 6. "Governmental entity" means:

2-16 1. An elected or appointed officer of this state or of a political

2-17 subdivision of this state;

2-18 2. An institution, board, commission, bureau, council, department,

2-19 division, authority or other unit of government of this state or of a

2-20 political subdivision of this state;

2-21 3. A university foundation, as defined in NRS 396.405; or

2-22 4. An educational foundation, as defined in NRS 388.750, to the

2-23 extent that the foundation is dedicated to the assistance of public schools.

2-24 Sec. 7. 1. "Public record" means a record of a governmental entity

2-25 that is:

2-26 (a) Made, received or kept in the performance of a duty and paid for

2-27 with public money; and

2-28 (b) In written, aural, visual, electronic or other physical form.

2-29 2. The term does not include:

2-30 (a) A temporary or preliminary draft, note or memorandum that is not

2-31 retained by a governmental entity in its normal course of business.

2-32 (b) Materials that are legally owned by an officer, employee or agent

2-33 of a governmental entity in his private capacity.

2-34 (c) Materials to which access is limited by the laws of copyright or

2-35 patent, unless the copyright or patent is owned by a governmental entity.

2-36 (d) Circulars or other commercial publications consisting solely of

2-37 advertisements that are received by a governmental entity or an officer,

2-38 employee or agent of a governmental entity.

2-39 (e) Proprietary computer software, including, without limitation, a

2-40 program or system that is developed or purchased by or for the use of a

2-41 governmental entity.

2-42 (f) Books, publications and other records that are cataloged, indexed

2-43 or inventoried and included in the collection of a library.

3-1 (g) Information that is prepared by an officer, employee or agent of a

3-2 governmental entity for his personal use or the personal use of his

3-3 employer, including, without limitation, calendars, notes and notebooks

3-4 containing schedules.

3-5 (h) Electronic communications, including, without limitation:

3-6 (1) Electronic mail, as that term is defined in NRS 41.715;

3-7 (2) A radio communication that has been encoded to prevent a

3-8 person who is not a party to the communication from listening to the

3-9 communication;

3-10 (3) Information sent to an electronic device that is designed to page,

3-11 contact or provide a message to a person; and

3-12 (4) Information sent or received by a computer or other device for

3-13 sending or receiving data that is installed in a motor vehicle.

3-14 Sec. 8. 1. An officer, employee or agent of a governmental entity

3-15 shall not:

3-16 (a) Deny a person the right to inspect, copy or prepare an abstract or

3-17 memorandum from a public record; or

3-18 (b) Deny a request for copies of a public record,

3-19 because the public record contains information that must not be made

3-20 available pursuant to subsection 2 of NRS 239.010.

3-21 2. If a person requests to inspect, copy or prepare an abstract or

3-22 memorandum from a public record that contains information which

3-23 must not be made available pursuant to subsection 2 of NRS 239.010, an

3-24 officer, employee or agent of the governmental entity shall delete, redact

3-25 or separate the information that must not be made available and shall

3-26 allow the person who requested the public record to inspect, copy or

3-27 prepare an abstract or memorandum of the information that must be

3-28 made available.

3-29 3. An officer, employee or agent of a governmental entity shall not

3-30 deliberately include in a public record information that must not be made

3-31 available pursuant to subsection 2 of NRS 239.010 to make inspection of,

3-32 copying or preparation of an abstract or memorandum from a public

3-33 record or information contained in a public record more difficult.

3-34 Sec. 9. NRS 239.005 is hereby amended to read as follows:

3-35 239.005 As used in this chapter, unless the context otherwise requires

3-42 retention and disposition of official state records.

4-1 3. "Division" means the division of state library and archives of the

4-2 department of museums, library and arts.

4-3 4. "Governmental entity" means:

4-4 (a) An elected or appointed officer of this state or of a political

4-5 subdivision of this state;

4-6 (b) An institution, board, commission, bureau, council, department,

4-7 division, authority or other unit of government of this state or of a political

4-8 subdivision of this state;

4-9 (c) A university foundation, as defined in NRS 396.405; or

4-10 (d) An educational foundation, as defined in NRS 388.750, to the extent

4-11 that the foundation is dedicated to the assistance of public schools.] , the

4-12 words and terms defined in sections 3 to 7, inclusive, of this act have the

4-13 meanings ascribed to them in those sections.

4-14 Sec. 10. NRS 239.010 is hereby amended to read as follows:

4-15 239.010 1. [All public books and] Except as otherwise provided in

4-43 consented to in writing.

5-1 (c) The record contains information regarding the identity of a person

5-2 who conducts or is involved in an undercover investigation on behalf of

5-3 an administrative or law enforcement agency.

5-4 (d) Disclosure would jeopardize the security or safety of a correctional

5-5 facility, including, without limitation, a jail or facility for the detention of

5-6 juveniles, or interfere with the control and supervision of an offender

5-7 who is subject to incarceration, treatment, probation or parole.

5-8 (e) Disclosure would jeopardize the security of governmental property,

5-9 including, without limitation, a system for keeping records maintained by

5-10 a governmental entity, by making such property susceptible to damage,

5-11 theft, loss or misappropriation.

5-12 (f) The record contains information maintained by an administrative

5-13 or law enforcement agency, to the extent that the disclosure of such

5-14 information could reasonably be expected to:

5-15 (1) Interfere with proceedings for the enforcement of a statute or

5-16 regulation;

5-17 (2) Deprive a person of the right to a fair hearing or trial without

5-18 prejudgment;

5-19 (3) Reveal the identity of a confidential informant;

5-20 (4) With respect to a criminal investigation or prosecution, reveal

5-21 information provided by a confidential informant;

5-22 (5) Reveal procedures or techniques used to carry out a criminal

5-23 investigation or prosecution in a manner that would facilitate

5-24 circumvention of the law; or

5-25 (6) Endanger the life or physical safety of a person.

5-26 (g) The record is a photograph that depicts a peace officer or another

5-27 employee of a law enforcement agency, unless:

5-28 (1) The peace officer or employee has been arrested or is the subject

5-29 of an internal investigation that has resulted in the filing of a complaint

5-30 against the peace officer or employee; and

5-31 (2) Disclosure of the photograph could not reasonably be expected

5-32 to endanger the life or physical safety of the peace officer or employee.

5-33 (h) The record contains information regarding an investigation of a

5-34 child if that information would otherwise be confidential pursuant to

5-35 chapter 62 of NRS if maintained by a court.

5-36 (i) The record contains information regarding an academic

5-37 examination or an examination to determine fitness for licensure,

5-38 certification or employment if:

5-39 (1) Disclosure would compromise the security, fairness or

5-40 objectivity of the examination; or

5-41 (2) A contract governing the use of the examination requires the

5-42 information to remain confidential.

5-43 (j) The record contains information regarding:

6-1 (1) A grievance filed by an employee against the governmental

6-2 entity that employs the employee; or

6-3 (2) Disciplinary action taken against an employee by the

6-4 governmental entity that employs the employee.

6-5 (k) The record contains information regarding collective bargaining

6-6 between a governmental entity and the employees of the governmental

6-7 entity or the representative of those employees. This paragraph does not

6-8 prohibit the disclosure of a final contract or collective bargaining

6-9 agreement.

6-10 (l) Disclosure would:

6-11 (1) Impair the ability of a governmental entity to procure goods or

6-12 services; or

6-13 (2) Give a person a competitive advantage over another person with

6-14 respect to:

6-15 (I) Bidding on a contract proposed to be let by a governmental

6-16 entity; or

6-17 (II) Entering into a contractual agreement with a governmental

6-18 entity.

6-19 (m) The record contains information, other than solely factual

6-20 information, communicated from one governmental entity to another

6-21 governmental entity or communicated within a governmental entity, but

6-22 only if:

6-23 (1) The information is communicated for purposes of making a

6-24 decision regarding an activity, duty or operation of the governmental

6-25 entity, department or division; and

6-26 (2) Disclosure of the information would substantially inhibit:

6-27 (I) The flow of information within a governmental entity; or

6-28 (II) The process of making decisions within a governmental

6-29 entity.

6-30 (n) The record is a record prepared by or for a program of insurance,

6-31 risk retention or self-insurance in anticipation of litigation or to analyze

6-32 or settle an actual or potential claim for money damages against a

6-33 governmental entity or an officer, employee or agent of the governmental

6-34 entity, including, without limitation:

6-35 (1) An evaluation of a claim;

6-36 (2) A record pertaining to the investigation of a claim;

6-37 (3) A report of losses that is computerized; and

6-38 (4) Information regarding a reserve of money that a governmental

6-39 entity has set aside to pay a claim.

6-40 Notwithstanding the provisions of this paragraph, if a claim described in

6-41 this paragraph is paid or settled, statistical data regarding the claim and

6-42 the amount of the claim paid are public records, unless that information

6-43 is ordered to be sealed by a court of competent jurisdiction.

7-1 (o) The record contains information prepared by or on behalf of a

7-2 governmental entity solely in anticipation of litigation.

7-3 (p) The record discloses an attorney’s work product, including,

7-4 without limitation, mental impressions or legal theories of an attorney or

7-5 other representatives of a governmental entity concerning litigation.

7-6 (q) The record reveals communication between a governmental entity

7-7 and an attorney representing, retained or employed by the governmental

7-8 entity, if the communication would otherwise be privileged.

7-9 (r) The record is prepared to document a background investigation of

7-10 a person who is a candidate for employment with a law enforcement

7-11 agency.

7-12 (s) The record contains information not otherwise described in

7-13 paragraphs (a) to (r), inclusive, of this subsection, for which the

7-14 governmental entity that possesses the information can demonstrate that

7-15 the public interest served by not disclosing the information outweighs the

7-16 public interest served by disclosing the information.

7-17 3. Notwithstanding the provisions of subsection 2, a governmental

7-18 entity may voluntarily disclose information of the type described in that

7-19 subsection if the disclosure is not otherwise prohibited by another statute,

7-20 regulation or rule of law.

7-21 4. A governmental entity may not reject a book or record which is

7-22 copyrighted solely because it is copyrighted.

7-23 [3.] 5. A person may request a copy of a public record in any medium

7-24 in which [the] a governmental entity maintains the public record [is

7-25 readily available.] in its normal course of business. An officer, employee

7-26 or agent of a governmental entity who has custody of a public record shall

7-27 not refuse to provide a copy of that public record in a [readily available]

7-28 medium in which the governmental entity maintains the public record in

7-29 its normal course of business because he has already prepared or would

7-30 prefer to provide the copy in a different medium.

7-31 [4.] 6. A person may request a copy of a public record in a medium

7-32 other than that in which a governmental entity maintains the public

7-33 record in its normal course of business. The governmental entity may

7-34 fulfill such a request if:

7-35 (a) The governmental entity determines that fulfilling the request will

7-36 not interfere unreasonably with the duties and responsibilities of the

7-37 governmental entity; and

7-38 (b) The requester pays any additional fee imposed by the

7-39 governmental entity pursuant to NRS 239.055.

7-40 7. As used in this section [:

7-41 (a) "Educational foundation" has the meaning ascribed to it in

7-42 subsection 3 of NRS 388.750.

8-1 (b) "University foundation" has the meaning ascribed to it in subsection

8-2 3 of NRS 396.405.] , "confidential informant" means a person or an

8-3 agency of federal, state, local or foreign government who provides

8-4 information to a governmental entity under the condition that the

8-5 governmental entity will not reveal the identity of the person or agency.

8-6 Sec. 11. NRS 239.013 is hereby amended to read as follows:

8-7 239.013 Any records of a public library or other library which contain

8-13 the public safety or to prosecute a crime.

8-14 Sec. 12. NRS 239.055 is hereby amended to read as follows:

8-15 239.055 1. Except as otherwise provided in NRS 239.054 regarding

8-43 same information.

9-1 2. As used in this section, "technological resources" means any

9-2 information, information system or information service acquired,

9-3 developed, operated, maintained or otherwise used by a governmental

9-4 entity.] to make a copy of the record.

9-5 2. A governmental entity may, before fulfilling a request pursuant to

9-6 subsection 1, approximate the cost that the governmental entity

9-7 reasonably expects to incur to fulfill the request and require the requester

9-8 to pay a deposit in that amount. If a governmental entity collects a

9-9 deposit pursuant to this subsection, the governmental entity shall, if the

9-10 amount of the deposit collected is:

9-11 (a) Less than the actual cost incurred by the governmental entity to

9-12 fulfill the request, collect the balance due from the requester; or

9-13 (b) More than the actual cost incurred by the governmental entity to

9-14 fulfill the request, refund the amount of the overpayment to the

9-15 requester.

9-16 Sec. 13. This act becomes effective on July 1, 1999.