Under existing law, with certain exceptions, all public books and public records of a governmental entity are required to be open at all times during office hours for the public to inspect, copy or receive a copy thereof. (NRS 239.010) Existing law: (1) establishes the Committee to Approve Schedules for the Retention and Disposition of Official State Records, which is required to review and approve or disapprove the schedules for the retention and disposition of the official state records of certain agencies, boards and commissions; and (2) provides that an official state record may be disposed of only in accordance with a schedule for the retention and disposition which has been approved by the Committee. (NRS 239.073-239.080) Existing law further authorizes a local governmental entity to establish a program for the management of records, including the adoption of a schedule for the retention of records. The program must be approved by the governing body of the local governmental entity and comply with certain requirements. (NRS 239.125) Section 1 of this bill provides that: (1) a state governmental entity is exempt from providing a copy of any public book or record that the state governmental entity is authorized to dispose of pursuant to a schedule for the retention and disposition of official state records which is approved by the Committee; and (2) a local governmental entity is exempt from providing a copy of any public book or record that the local governmental entity is authorized to dispose of pursuant to a schedule for the retention and disposition of public books and records which is approved by the governing body of the local governmental entity. Section 2 of this bill makes a conforming change to create an exception to the general requirement that all public books and public records of a governmental entity are required to be open at all times during office hours for the public to inspect, copy or receive a copy thereof.

Statutes affected:
As Introduced: 239.010
BDR: 239.010