Amendment vs bill Amendment 423 vs Reprint 1

Struck = removed from the bill · added = the amendment's new text.

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(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Session (80th) A AB371 423 Amendment No.
371 A SSEMBLY B ILLN O.
423 Assembly Amendment to Assembly Bill No.
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.
371 (BDR 19-16) Proposed by:
(BDR S-16) FISCAL NOTE:
Assembly Committee on Government Affairs Amends:
EffEffect on the State:
Summary:
Yes.May have Fiscal Impact.
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KRO/EGO - Date:
4/21/2019 A.B.
No.
371—Revises provisions governing public records.
(BDR 19-16) Page 1 of 7 *A_AB371_423* Assembly Amendment No.
423 to Assembly Bill No.
371 Page 3 ASSEMBLY BILL NO.
371–A SSEMBLYMAN D ALY M ARCH 20,2019 _______________ Referred to Committee on Government Affairs SUMMARY—[Revises provisions governing] Temporarily requires the reporting of certain information relating to requests for public records [.] by certain governmental entities.
(BDR [19-16)] S-16) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
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;
[revising provisions governing the inspection, copying or receipt of a copy of public records;
abrogating any common-law exemption or exception to providing such access to] 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;
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.
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.
(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.
(NRS 239.010) [Section 2 of this bill specifies that “by law” means only by specific statute or regulation.
Director of the Legislative Counsel Bureau in an electronic format prescribed byhe the Director.
The Nevada Supreme Court has established a balancing test for a governmental entity to apply to determine whether to disclose a book or record when the law is silent with respect to the confidentiality of the book or record.
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.
(Donrey v.
Bradshaw, 106 Nev.
630 (1990);
DR Partners v.
Board of County Comm’rs, 116 Nev.
616 (2000);
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Reno Newspapers, Inc.
v.
Haley, 126 Nev.
Adv.
Op.
23, 234 P.3d 922 (2010);
Reno Newspapers, Inc.
v.
Gibbons, 127 Nev.
Adv.
Op.
79, 266 P.3d 623 (2011)) The 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 or balancing of interests which limits or restricts such access be construed narrowly.
(NRSn 239.001) Section 1 of this bill provides that the only exemptions or exceptions to providing access to inspect, copy or receive of a copy of public books and records are those provided by statute or regulation.
Section 1 also abrogates any common-law exemption or exception to providing such access, including, without limitation, any balancing of interests.] This bill Assembly Amendment No.
423 to Assembly Bill No.
371 Page 4 copy of a public book or record for certain governmental entities in the counties ofive a 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.
Additionally, this bill requires each such entity to submit the information to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director.
(1) provide the report to a member of the public upon request;
(1) provide the report to a Internet website maintained by the Legislative Counsel Bureau;
(2) post notice of the availability of the report on an Internet website maintained by the Legislative Counsel Bureau;
and (3) transmit thet on an report to the Legislative Commission and to the next regular session of the Legislature.
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:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(Deleted by amendment.) Sec.
[NRS 239.001 is hereby amended to read as follows:
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.
(Deleted by amendment.) Sec.
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.
Any common-law exemption or exception to providing such access, including, without limitation, any balancing of interests, is hereby abrogated.
3.
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.] (Deleted by amendment.) Sec.
2.
[NRS 239.010 is hereby amended to read as follows:
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, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, Assembly Amendment No.
423 to Assembly Bill No.
371 Page 5 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, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 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, 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 Assembly Amendment No.
423 to Assembly Bill No.
371 Page 6 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 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 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.
3.
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.
4.
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 legal custody or control of a public record:
(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.
(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 herself.
5.
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.] (Deleted by amendment.) Sec.
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.
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 Assembly Amendment No.
423 to Assembly Bill No.
371 Page 7 submit the information to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director.
- *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:
(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:
H - *AB371_R1*