Nevada 2019 Regular Session Status: In Committee

AB 371 — Temporarily requires the reporting of certain information relating to requests for public records by certain governmental entities. (BDR S-16)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to public records; requiring the person responsible for responding to public records requests for certain governmental entities to report for a temporary period certain information relating to requests for public records; requiring the Director of the Legislative Counsel Bureau to compile and provide that information to the Legislature and, upon request, a member of the public; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

103 added · 181 removed

103 line(s) added, 181 removed.

→
Previous
Latest
A.B.
(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
371 ASSEMBLY B ILLN O.
371 A SSEMBLY B ILLN O.
371–A SSEMBLYMAN D ALY M ARCH 20, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public records.
371–A SSEMBLYMAN DALY M ARCH 20, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Temporarily requires the reporting of certain information relating to requests for public records by certain governmental entities.
(BDR 19-16) FISCAL NOTE:
(BDR S-16) FISCAL NOTE:
Effect on Local Government:
EffEffect on the State:
May have Fiscal Impact.
Yes.May have Fiscal Impact.
Effect on the State:
Yes.
revising provisions governing the inspection, copying or receipt of a copy of public records;
requiring the person responsible for responding to public records requests for certain governmental entities to report for a temporary period certain information relating to requests for public records;
abrogating any common-law exemption or exception to providing such access to public records;
requiring the Director of the Legislative Counsel Bureau to compile and provide that information to the Legislature and, upon request, a member of the public;
Under existing law, all public books and records of a governmental entity are required to be open at all times during office hours for inspection and copying or receipt of a copy unless the records are otherwise declared by law to be confidential.
Under existing law, all public books and records of a governmental entity are required to be open at all times during office hours for inspection and copying or confidential.
(NRS 239.010) Section 2 of this bill specifies that “by law” means only by specific statute or regulation.
(NRS 239.010) This bill requires the person responsible for responding to a request to inspect, copy or receive a copy of a public book or record for certain governmental entities in the counties of Clark, Douglas, Elko, Washoe and Carson City and the cities of Elko, Henderson, Las Vegas, Reno and Sparks to compile certain information relating to each request for a public record received by the governmental entity for a period of 120 days beginning on January 15, 2020.
The Nevada Supreme Court has established a balancing test for a governmental silent with respect to the confidentiality of the book or record.
Director of the Legislative Counsel Bureau in an electronic format prescribed byhe the Director.
Under this balancing test, the governmental entity is required to determine whether the private or governmental interest served by withholding the book or record clearly outweighs the right of the public to inspect or copy the book or record.
Finally, this bill requires the Director to compile the information received from each governmental entity and:
(Donrey v.
(1) provide the report to a member of the public upon request;
Bradshaw, 106 Nev.
(2) post notice of the availability of the report on an Internet website maintained by the Legislative Counsel Bureau;
630 (1990);
and (3) transmit the Legislature.e Legislative Commission and to the next regular session of the - *AB371_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
DR Partners v.
Board of County Comm’rs, 116 Nev.
616 (2000);
Reno Newspapers, Inc.
v.
Haley, 126 Nev.
Adv.
Op.
23, 234 P.3d 922 (2010);
Reno legislative declaration for the provisions in existing law governing public records requires that those provisions be construed liberally to foster democratic principles by providing the public with access to inspect and copy public books and records and that any exemption or exception or balancing of interests which limits or restricts such access be construed narrowly.
(NRS 239.001) Section 1 of this bill provides that the only exemptions or exceptions to providing access to inspect, copy or receive of a 1 also abrogates any common-law exemption or exception to providing such access,ction including, without limitation, any balancing of interests.
- *AB371* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
NRS 239.001 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
239.001 1.
The Legislature hereby finds and declares that:
[1.] (a) The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law;
[2.] (b) The provisions of this chapter must be construed liberally to carry out this important purpose;
[3.] (c) Any exemption [,] or exception [or balancing of interests] provided by statute or regulation which limits or restricts access to public books and records by members of the public must be construed narrowly;
[4.] (d) The use of private entities in the provision of public services must not deprive members of the public access to inspect and copy books and records relating to the provision of those services;
and [5.] (e) If a public book or record is declared by law to be open to the public, such a declaration does not imply, and must not be construed to mean, that a public book or record is confidential if it is not declared by law to be open to the public and is not otherwise declared by law to be confidential.
In interpreting and applying the provisions of this chapter, the only exemptions or exceptions limiting or restricting access to inspect, copy or receive a copy of public books and records are those provided by statute or regulation.
(Deleted by amendment.) Sec.
Any common-law exemption or exception to providing such access, including, without limitation, any balancing of interests, is hereby abrogated.
2.5.
3.
1.
Show all 81 changed rows (41 more)
Previous
Latest
As used in this section, “regulation” means a regulation adopted by a governmental entity pursuant to express statutory authority allowing the governmental entity to create an exemption or exception to this chapter or otherwise provide confidentiality for a record.
The person responsible for responding to public records requests for the following governmental entities shall perform the duties prescribed in subsection 2:
Sec.
(a) In the counties of Clark, Douglas, Elko, Washoe and Carson City:
(1) The office of the county assessor;
(2) The department responsible for public works;
(3) The office of the district attorney;
(4) The office of a county coroner or medical examiner;
and (5) The office of registrar of voters or county clerk, as applicable, with respect to elections;
(b) In the cities of Elko, Henderson, Las Vegas, Reno and Sparks:
(1) The department responsible for public works;
(2) The office of the city attorney;
and (3) The office responsible for planning;
(c) Clark County School District, Douglas County School District, Elko County School District, Lyon County School District and Washoe County School District;
and (d) The Department of Corrections.
NRS 239.010 is hereby amended to read as follows:
For a period of 120 days beginning on January 15, 2020, the person responsible for responding to public records requests for the governmental entities described in subsection 1 shall compile the information listed in subsection 3 for the governmental entity for which he or she is responsible and submit the information to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director.
239.010 1.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, - *AB371* – 3 – 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484,535, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, - *AB371* – 4 – 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by [law] statute or regulation to be confidential, all public books and public records of a governmental entity 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 abstracts or memoranda of the records or may be used in any other way to the advantage of the 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 governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
The information compiled pursuant to subsection 2 must include, without limitation, for each request for a public record received by the governmental entity:
(a) The type of requester, if known, including, without limitation, whether the person who made the request was a private citizen or a representative of a media organization, nonprofit organization, corporation based in this State, corporation based outside this State, political party or labor union;
(b) Whether the request was:
(1) Provided in complete form without any redactions;
(2) Provided with redactions;
or (3) Denied in whole or in part;
- *AB371_R1* – 3 – (c) If the request was denied in whole or in part, the reason provided for the denial, including, without limitation, if the governmental entity determines that:
(1) The record or portion thereof is deemed confidential by statute or regulation, a citation to that statute or regulation;
(2) The requested record or portion thereof is privileged, a statement of that determination and the type of privilege cited for the denial;
(3) The governmental entity does not have legal custody or control of the requested record or portion thereof, or the requested record does not exist, a statement of that determination;
or (4) Common law requires the denial, a statement of the common-law reason cited for the denial, including, without limitation, that a balancing of interests necessitated the denial;
(d) The number of days that elapsed between the date on which the governmental entity received the request and the date on which the governmental entity provided the request or denied the request in whole or in part;
(e) The fee charged for providing the requested record;
and (f) The medium in which the requested record was provided.
A person may request a copy of a public record in any medium in which the public record is readily available.
A request by a pupil or by his or her parent or legal guardian for the record of a pupil is not a request for a public record for purposes of subsection 2.
An officer, - *AB371* – 5 – employee or agent of a governmental entity who has legal custody or control of a public record:
5.
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
On or before July 1, 2020, the Director of the Legislative Counsel Bureau shall compile the information received pursuant to subsection 2 into a report and:
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or 5.rseAs used in this section, “regulation” means a regulation adopted by a governmental entity pursuant to express statutory authority allowing the governmental entity to create an exemption or exception to this chapter or otherwise provide confidentiality for a record.
(a) Provide the report to a member of the public upon request;
(b) Post notice of the availability of the report on an Internet website maintained by the Legislative Counsel Bureau;
and (c) Transmit the report to the Legislative Commission and to the next regular session of the Legislature.
H - *AB371*
H - *AB371_R1*
⬇ Download PDF
View plain text versions (2)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. (No further action taken.)

  2. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. To committee. Withdrawn from committee. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 31, Nays: 9, Excused: 2.) To Senate.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 423.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  5. From printer. To committee.

  6. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 371 do?
AN ACT relating to public records; requiring the person responsible for responding to public records requests for certain governmental entities to report for a temporary period certain information relating to requests for public records; requiring the Director of the Legislative Counsel Bureau to compile and provide that information to the Legislature and, upon request, a member of the public; and providing other matters properly relating thereto.
Who sponsors AB 371?
AB 371 is sponsored by Skip Daly.
What is the current status of AB 371?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 371?
Track AB 371 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 371

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 371

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →