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- 83rd Session (2025)
Assembly Bill No. 128–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to public records; creating the Public Records
Task Force; setting forth the membership and duties of the
Task Force; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that, unless otherwise declared by law to be confidential,
all public books a nd records of a state or local governmental entity are required to
be open at all times during office hours for the public to inspect, copy or receive a
copy thereof. Existing law also authorizes a person to request a copy of a public
book or record in any medium in which the book or record is available. (NRS
239.010) This bill creates the Public Records Task Force to evaluate certain topics
relating to requests for public records and make certain recommendations. This bill
also: (1) prescribes the membersh ip and duties of the Task Force; and (2) requires
the Task Force to submit a written report describing its work and recommendations
for transmittal to the Joint Interim Standing Committee on Government Affairs and
the Senate and Assembly Standing Committees on Government Affairs for the 84th
Session of the Legislature.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-6. (Deleted by amendment.)
Sec. 7. 1. The Public Records Task Force is hereby created.
The Task Force consists of the following 10 members:
(a) One government representative and two transparency
advocates appointed by the Majority Leader of the Senate;
(b) Two government representatives and one transparency
advocate appointed by the Speaker of the Assembly;
(c) One government representative appointed by the Minority
Leader of the Senate;
(d) One transparency advocate appointed by the Minority
Leader of the Assembly; and
(e) One gover nment representative and one transparency
advocate appointed by the Governor.
2. The Task Force shall:
(a) Evaluate:
(1) Current exemptions to chapter 239 of NRS;
(2) The policies relating to public records of any review
board created pursuant to NRS 289.380 or 289.383;
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(3) The impact of broad requests for public records on
governmental entities;
(4) The cost, burden and time constraint on government al
entities to redact confidential information;
(5) The financial burden on a person who requests a public
record;
(6) Mechanisms to resolve disputes involving requests for
public records, including, without limitation, mediation and other
types of alternative dispute resolution; and
(7) Methods for collecting and sharing data related to
requests for public records.
(b) Make recommendations, including, without limitation:
(1) To c larify the custodianship and control of public
records;
(2) To protect sensitive information while promoting
government transparency;
(3) To i dentify situat ions in which access to public records
should be granted or denied;
(4) For penalties to impose against government al entities for
providing delayed or incomplete responses to a request for public
records;
(5) For p rotocols to protect personal informati on and
criminal investigations;
(6) For a standardized fee schedule; and
(7) For m echanisms to protect government al entities from
retaliatory litigation.
3. The members of the Task Force serve without
compensation.
4. Each member of the Task Force who is an officer or
employee of the State or local government must be relieved from his
or her duties without loss of regular compensation so that the
member may prepare for and attend meetings of the Task Force and
perform any work necessary to carry out the duties of the Task
Force in the most timely manner practicable. A state agency or local
government shall not require an officer or employee who is a
member of the Task Force to make up the time the member is absent
from work to carry out his or her duties as a member, and shall not
require the member to take annual, vacation or compensatory time
for the absence.
5. The Task Force shall , at its first meeting, elect a Chair from
the members who are transparency advocates and a Vice Chair from
the members who are government representatives.
6. The Task Force shall meet:
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(a) Upon the call of the Chair or a majority of the members of
the Task Force; and
(b) At least four times.
7. A majority of the members of the Task Force constitutes a
quorum for the transaction of business, and a majority of those
members present at the meeting is sufficient for any official action
taken by the Task Force.
8. The Task Force may apply for and accept any gift, donation,
bequest, grant or other source of money to carry out the duties of the
Task Force.
9. On or before October 31, 2026, the Task Force shall prepare
and submit a written report to the Director of the Legislative
Counsel Bureau for transmittal to the Joint Interim Standing
Committee on Government Affairs and the Senate and Assembly
Standing Committees on Government Affairs for the 84th Session
of the Legislature. The report must include , without limitation, a
summary of the work and recommendations of the Task Force.
10. As used in this section:
(a) “Governmental entity” has the meaning ascribed to it in
NRS 239.005.
(b) “Government representative” includes , without limitation, a
representative:
(1) From the Nevada Association of Counties or a county;
(2) From the Nevada League of Cities or a local government;
(3) Who is a district attorney or city attorney;
(4) From a law enforcement agency;
(5) From a school district;
(6) From the Office of the Attorney General;
(7) From a public utility that is not regulated by the Public
Utilities Commission of Nevada; and
(8) From the Division of State Library , Archives and Public
Records of the Department of Administration.
(c) “Transparency advocate” includes, without limitation, a
representative:
(1) From the Nevada Broadcasters Association;
(2) From the Nevada Press Association;
(3) From the Nevada Open Government Coalition;
(4) From the American Civil Liberties Union;
(5) Who is an attorney that specializes in requests for public
records;
(6) From the Legal Aid Center of Southern Nevada; and
(7) Who is a member of the public and has experience related
to public records.
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Sec. 8. The members of the Public Records Task Force
must be appointed pursuant to section 7 of this act not later than
October 31, 2025.
Sec. 9. This act becomes effective on July 1, 2025, and expires
by limitation on June 30, 2027.
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