The Public Records Act provides that all public books and public records of a state or local governmental entity, unless otherwise declared by law to be confidential, 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) Section 2 of this bill requires a request to inspect, copy or receive a copy of a public book or public record to: (1) be in writing; and (2) identify the person who is making the request. Section 3 of this bill makes a conforming change to reflect the requirement for such a request to be made in writing. The Public Records Act authorizes a governmental entity to charge a fee for providing a copy of a public record but such fee generally must not exceed the actual cost to the governmental entity of providing the copy. (NRS 239.052) The term “actual cost” means the direct cost incurred by a governmental entity in the provision of a public record, including the cost of ink, toner, paper, media and storage, but the term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record. The Public Records Act also: (1) requires a governmental entity to charge certain fees for a copy of a transcript of an administrative proceeding that has been transcribed by a certified court reporter; and (2) authorizes a governmental entity to charge certain fees for information from a geographic information system. (NRS 239.053, 239.054) Section 1 of this bill provides that, in addition to any other such authorized fees, a governmental entity may charge a reasonable fee for the use of its personnel or technological resources. Section 1 further provides that in order to charge a fee for the use of its personnel or technological resources, the governmental entity must adopt a written policy that: (1) provides a method for calculating such a fee; and (2) requires the governmental entity to provide written notice to the requester of the amount of the fee before preparing the requested information. Under the Public Records Act, if a person requests to inspect or copy a public book or record or receive a copy of a public book or record which the governmental entity is unable to make available by the end of the fifth business day after the request was received, the governmental entity is required to perform certain actions, including making a reasonable effort to assist the requester to focus the request in such a manner as to maximize the likelihood the requester will be able to inspect, copy or receive a copy of the public book or record as expeditiously as possible. (NRS 239.0107) Section 3 requires the requester to make a reasonable effort to assist the governmental entity in focusing the request.

Statutes affected:
As Introduced: 239.010, 239.0107
BDR: 239.010, 239.0107