Revises provisions relating to public records. (BDR 19-209)

2025 Regular Session Introduced by Ken Gray

Allows agencies to refuse copies of records approved for disposal under retention schedules, reducing requests for disposed records.

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)

Purpose / Intent

AB 152 would create a statutory exemption allowing state and local governmental entities to decline to provide copies of public books or records that the entity is authorized to dispose of under an approved records retention-and-disposition schedule. The measure is framed as clarifying agencies’ obligations under public records law so they are not required to retrieve or duplicate material that has been approved for disposal.

Key provisions

Adds a new section to Chapter 239 of the Nevada Revised Statutes (NRS) that:

Makes a state governmental entity exempt from providing a copy of any public book or record that the entity may dispose of pursuant to a retention-and-disposition schedule approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records (NRS 239.080).
Makes a local governmental entity exempt from providing a copy of any public book or record that the entity may dispose of pursuant to a retention-and-disposition schedule approved by the local governing body (NRS 239.125).

Amends NRS 239.010 (general open-records requirement) to create the above exception to the general rule that public books and records be open for inspection and copying during office hours.

The bill, as explained in testimony, does not change what records must be retained or for how long; it addresses the obligation to produce copies of records that are scheduled for disposal.

Who is affected

State and local governmental entities that administer public records and retention schedules.

Requesters of public records (members of the public, journalists, researchers) who seek copies of records that are authorized for disposal under an approved schedule.

Records-management staff who process public-records requests; the bill is intended to reduce administrative workload and costs associated with searching for and duplicating records that are slated for disposal.

Fiscal and policy considerations

Fiscal notes indicate there may be an effect on local governments and the State (the text flags possible fiscal impacts).

Supporters (example: City of Las Vegas Enterprise Records Officer Patricia Cabrera) argue the bill reduces administrative burdens and saves taxpayer dollars by preventing agencies from processing requests for records authorized for disposal.

Potential policy trade-offs include reduced access to records that have been disposed of (consistent with retention schedules) and the need for the public to request records while they remain within the mandatory retention period.

Legislative status and timeline

Introduced / Prefiled: Jan 08 / Jan 30, 2025

Referred to Government Affairs (Assembly)

Passed Assembly: Read third time and passed 3/20/2025 (Ayes 53, Noes 17). Ordered to the Senate.

Senate: Read first time; referred to Rules for assignment; later referred to Committee on B. & F. R. (4/02/2025).

Final status recorded: 4/12/2025 — “Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.” (i.e., no further legislative action recorded after that date)

Practical effect (if enacted)

Agencies would be able to refuse to provide copies of documents that are covered by an approved disposition schedule permitting their disposal. Records would remain available for the duration of their legally mandated retention period, but once authorized for disposal under an approved schedule, agencies would not be required to produce copies.

Bill