A.B. 197
- *AB197*
ASSEMBLY BILL NO. 197–ASSEMBLYMEMBER BACKUS
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Enacts provisions strengthening certain protections
for certain activities under the First Amendment.
(BDR 19-136)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; requiring, with
certain exceptions, a governmental entity to keep
confidential certain personal information regarding
donors, members or volunteers of a nonprofit
organization; prohibiting, with certain exceptions, a
governmental entity from requesting or releasing certain
personal information regarding donors, members or
volunteers of a nonprofit organization; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes certain governmental agencies to collect certain 1
personal information. (Chapter 239B of NRS) Existing law also prohibits, with 2
certain exceptions, a governmental agency from requiring a person to include 3
certain personal information on any document submitted to the governmental 4
agency after a certain date. (NRS 239B.030) Section 2 of this bill requires, with 5
certain exceptions, a governmental entity to keep confidential any personal 6
information in the records of the governmental entity that identifies a person as a 7
donor, member or volunteer of a nonprofit organization. Section 2 also prohibits, 8
with certain exceptions, a governmental entity from: (1) requiring that any person 9
or nonprofit organization provide the governmental entity with personal 10
information that identifies a person as a donor, member or volunteer of a nonprofit 11
organization; (2) releasing, publicizing or otherwise publicly disclosing personal 12
information that identifies a person as a donor, member or volunteer of a nonprofit 13
organization; or (3) requesting or requiring a current or prospective contractor or 14
grantee to provide a list of nonprofit organizations to which the contractor or 15
grantee has provided support. Section 2 provides that the personal information that 16
identifies a person as a donor, member or volunteer of a nonprofit organization 17
includes any list, record, register, roster or other data of any kind that includes a 18
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donation, name, address or telephone number that directly or indirectly identifies a 19
person as a donor of financial or nonfinancial support, member or volunteer of any 20
nonprofit organization. 21
Section 2 provides that a person who alleges that the person has been harmed 22
by a governmental entity or an officer or employee of a governmental entity that 23
has violated these provisions may bring a civil action to obtain certain relief. 24
Section 1 of this bill provides that such personal information is not a public 25
record. 26
Section 3 of this bill prohibits the Secretary of State, when carrying out certain 27
requirements of existing law, from collecting or disclosing any information that 28
directly identifies a person as a donor of financial support to a nonprofit 29
organization. 30
Section 4 of this bill provides that any information collected by the Attorney 31
General in an audit, examination, review or investigation of a corporation for public 32
benefit or a corporation holding assets in charitable trust may only be used in 33
connection with the audit, examination, review or investigation and is otherwise 34
subject to the requirements of section 2. 35
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.010 is hereby amended to read as follows: 1
239.010 1. Except as otherwise provided in this section and 2
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 3
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 4
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 5
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 6
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 7
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 8
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 9
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 10
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 11
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 12
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 13
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 14
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 15
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 16
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 17
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 18
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 19
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 20
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 21
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 22
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 23
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 24
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 25
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 26
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250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 1
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 2
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 3
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 4
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 5
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 6
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 7
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 8
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 9
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 10
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 11
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 12
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 13
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 14
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 15
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 16
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 17
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 18
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 19
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 20
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 21
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 22
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 23
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 24
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 25
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 26
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 27
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 28
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 29
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 30
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 31
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 32
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 33
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 34
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 35
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 36
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 37
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 38
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 39
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 40
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 41
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 42
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 43
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 44
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 45
– 4 –
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637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 1
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 2
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 3
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 4
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 5
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 6
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 7
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 8
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 9
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 10
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 11
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 12
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 13
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 14
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 15
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 16
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 17
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 18
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 19
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 20
711.600, and section 2 of this act, sections 35, 38 and 41 of chapter 21
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 22
of Nevada 2013 and unless otherwise declared by law to be 23
confidential, all public books and public records of a governmental 24
entity must be open at all times during office hours to inspection by 25
any person, and may be fully copied or an abstract or memorandum 26
may be prepared from those public books and public records. Any 27
such copies, abstracts or memoranda may be used to supply the 28
general public with copies, abstracts or memoranda of the records or 29
may be used in any other way to the advantage of the governmental 30
entity or of the general public. This section does not supersede or in 31
any manner affect the federal laws governing copyrights or enlarge, 32
diminish or affect in any other manner the rights of a person in any 33
written book or record which is copyrighted pursuant to federal law. 34
2. A governmental entity may not reject a book or record 35
which is copyrighted solely because it is copyrighted. 36
3. A governmental entity that has legal custody or control of a 37
public book or record shall not deny a request made pursuant to 38
subsection 1 to inspect or copy or receive a copy of a public book or 39
record on the basis that the requested public book or record contains 40
information that is confidential if the governmental entity can 41
redact, delete, conceal or separate, including, without limitation, 42
electronically, the confidential information from the information 43
included in the public book or record that is not otherwise 44
confidential. 45
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4. If requested, a governmental entity shall provide a copy of a 1
public record in an electronic format by means of an electronic 2
medium. Nothing in this subsection requires a governmental entity 3
to provide a copy of a public record in an electronic format or by 4
means of an electronic medium if: 5
(a) The public record: 6
(1) Was not created or prepared in an electronic format; and 7
(2) Is not available in an electronic format; or 8
(b) Providing the public record in an electronic format or by 9
means of an electronic medium would: 10
(1) Give access to proprietary software; or 11
(2) Require the production of information that is confidential 12
and that cannot be redacted, deleted, concealed or separated from 13
information that is not otherwise confidential. 14
5. An officer, employee or agent of a governmental entity who 15
has legal custody or control of a public record: 16
(a) Shall not refuse to provide a copy of that public record in the 17
medium that is requested because the officer, employee or agent has 18
already prepared or would prefer to provide the copy in a different 19
medium. 20
(b) Except as otherwise provided in NRS 239.030, shall, upon 21
request, prepare the copy of the public record and shall not require 22
the person who has requested the copy to prepare the copy himself 23
or herself. 24
Sec. 2. Chapter 239B of NRS is hereby amended by adding 25
thereto a new section to read as follows: 26
1. Except as otherwise provided in subsection 3, a 27
governmental entity shall maintain in a confidential manner any 28
personal information that identifies a person as a donor, member 29
or volunteer of a nonprofit organization. 30
2. Except as otherwise provided in subsection 3, a 31
governmental entity shall not: 32
(a) Require any person or nonprofit organization to provide 33
the governmental entity with personal information that identifies a 34
person as a donor, member or volunteer of a nonprofit 35
organization or otherwise compel the release of such personal 36
information; 37
(b) Release, publicize or otherwise publicly disclose personal 38
information in possession of the governmental entity that 39
identifies a person as a donor, member or volunteer of a nonprofit 40
organization; or 41
(c) Request or require a current or prospective contractor or 42
grantee working with the governmental entity to provide a list of 43
nonprofit organizations to which the contractor or grantee has 44
provided financial or nonfinancial support. 45
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3. The provisions of subsections 1 and 2 do not apply to 1
personal information that identifies a person as a donor, member 2
or volunteer of a nonprofit organization that is requested, 3
obtained, released or disclosed as a result of any of the following: 4
(a) Any personal information required to be disclosed by 5
statute or regulation for the purpose of complying with federal 6
law; 7
(b) Any information, report or disclosure required to be filed 8
with the Secretary of State pursuant to title 7 of NRS provided 9
that, except as otherwise provided in this subsection, any 10
information that directly identifies a person as a donor of 11
financial support to a nonprofit organization must not be collected 12
or disclosed; 13
(c) Any report or disclosure required to be filed pursuant to 14
chapter 294A of NRS; 15
(d) Any confidential information shared pursuant to 16
NRS 232.357; 17
(e) Any lawful warrant for personal information issued by a 18
court of competent jurisdiction; 19
(f) Any lawful request for personal information in connection 20
with discovery proceedings if: 21
(1) The relevant and probative value of the information 22
requested outweighs its prejudicial effect; and 23
(2) The requester obtains a protective order from the court 24
barring the disclosure of such information to any person not 25
named in the proceedings; 26
(g) Any personal information voluntarily released by a person 27
to the governmental entity or any personal information voluntarily 28
released by a nonprofit organization to the public; 29
(h) Any personal information admitted as evidence before a 30
court of competent jurisdiction, if the court finds there is good 31
cause for the public release of such information; 32
(i) Any contract, resolution or agreement entered into by a 33
nonprofit organization with a governmental entity, including for 34
purposes of obtaining a governmental benefit or grant, whereby 35
the governmental entity is authorized to or any statute which 36
expressly authorizes a governmental entity to inspect the records 37
of the nonprofit organization, including, without limitation, a 38
contract, resolution or agreement entered into pursuant to NRS 39
427A.085, 433.354, 433B.220 or 439.155 or a request for a 40
screening submitted pursuant to NRS 179A.325; 41
(j) Any report required to be filed by a nonprofit organization 42
and posted by the Department of Health and Human Services on 43
the Internet website maintained by the Department pursuant to 44
NRS 439B.665 and 439B.670; 45
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(k) Any information required to be filed by a nonprofit 1
organization of surplus line brokers with the Commissioner of 2
Insurance pursuant to NRS 685A.075; 3
(l) Any information submitted to a governmental entity by a 4
national securities association that is registered pursuant to 15 5
U.S.C. § 78o-3 or any regulation adopted pursuant thereto, 6
including, without limitation, any information submitted to the 7
Secretary of State pursuant to chapters 90 and 91 of NRS and any 8
regulations adopted pursuant thereto for the purposes of licensing, 9
registration, examination, investigation or enforcement; 10
(m) Any requirement to disclose the relationship between a 11
public officer or employee and a nonprofit organization pursuant 12
to NRS 281A.420, as a response to a lawful request or subpoena in 13
an investigation or as part of or in response to a request for an 14
advisory opinion submitted pursuant to NRS 281A.670 to 15
281A.690, inclusive, or an ethics complaint filed or initiated 16
pursuant to NRS 281A.700 to 281A.790, inclusive; 17
(n) Any information submitted to or requested by the Nevada 18
Gaming Control Board pursuant to NRS 462.160 for the purposes 19
of the licensing or registration of a charitable lottery or charitable 20
game, provided that any information collected is confidential as 21
provided in NRS 463.120; 22
(o) A request for information: 23
(1) Required by the Attorney General for an audit, 24
examination, review or investigation conducted pursuant to NRS 25
82.536, provided that: 26
(I) Such information must only be used in connection 27
with the specific audit, examination, review or investigation to 28
which the request is related and for any related proceedings; and 29
(II) Such information otherwise remains subject to the 30
provisions of this section, unless expressly required by law to be 31
publicly disclosed; 32
(2) Relating to the authority to exercise the power of the 33
Secretary of State or the power of the Attorney General in the 34
areas of consumer protection pursuant to NRS 228.380, including, 35
without limitation, the provisions of NRS 90.615, 597.262, 36
597.8198, 598C.180, 599B.015, and 599B.213 to 599B.245, 37
inclusive, and chapters 598, 598A and 711 of NRS, provided that 38
such information is otherwise subject to the requirements of this 39
section, unless expressly required by law to be publicly disclosed; 40
(3) Relating to a criminal investigation or prosecution by 41
the Attorney General, where there is credible evidence that a crime 42
has been or is being committed or for information relating to any 43
authorized civil investigation or inquiry undertaken by the 44
Attorney General, provided that any personal information 45
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obtained in such an investigation or prosecution must remain 1
confidential unless its disclosure is expressly required by law to be 2
publicly disclosed or is necessary to publicize in a court pleading 3
or submission of evidence to a court; or 4
(4) Connected with a constituent complaint submitted to the 5
Attorney General; and 6
(p) The names of members of a labor organization and the 7
amount of dues collected by a governmental entity that are 8
provided to the labor organization for the purposes of collecting 9
and reporting the remittance of dues to the labor organization 10
from its members, in accordance with a valid authorization to 11
withhold dues. 12
4. Any person who alleges that the person has been harmed 13
by a governmental entity or an officer or employee of a 14
governmental entity that has violated the provisions of subsection 15
1 or 2 may bring a civil action in a court of competent jurisdiction. 16
If the person prevails, the person is entitled to receive any or all of 17
the following relief: 18
(a) Injunctive relief as the court deems appropriate; 19
(b) Costs incurred in bringing the action, including, without 20
limitation, reasonable attorney’s fees; 21
(c) Except as otherwise provided in paragraph (d), the greater 22
of actual damages or statutory damages equal to: 23
(1) For a first offense, $1,000; 24
(2) For a second offense, $5,000; and 25
(3) For a third or any subsequent offense, $10,000. 26
(d) If the court determines that a governmental entity or 27
officer or employee of a governmental entity acted recklessly or 28
willfully to violate the provisions of this section, the court may 29
award treble the amount of the damages assessed pursuant to 30
paragraph (c). 31
5. For the purposes of this section, “personal information 32
that identifies a person as a donor, member or volunteer of a 33
nonprofit organization”: 34
(a) Includes, without limitation, any list, record, register, 35
roster or other data of any kind that includes a donation, name, 36
address or telephone number that directly or indirectly identifies a 37
person as a donor of financial or nonfinancial support, member or 38
volunteer of any nonprofit organization; and 39
(b) Does not include information that identifies a person as a 40
staff member, employee or contractor of a nonprofit organization. 41
6. As used in this section: 42
(a) “Governmental entity” has the meaning ascribed to it in 43
NRS 239.005. 44
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(b) “Labor organization” has the meaning ascribed to it in 1
NRS 288.048. 2
(c) “Nonprofit organization” means: 3
(1) An organization which qualifies as tax exempt pursuant 4
to section 501(c) of the Internal Revenue Code, 26 U.S.C. § 5
501(c); and 6
(2) Any entity that has submitted an application with the 7
Internal Revenue Service for recognition as a tax exempt entity 8
pursuant to section 501(c) of the Internal Revenue Code, 26 9
U.S.C. § 501(c). 10
Sec. 3. Chapter 75 of NRS is hereby amended by adding 11
thereto a new section to read as follows: 12
Pursuant to section 2 of this act, in carrying out the 13
requirements of this title, the Secretary of State shall not collect or 14
disclose any information that directly identifies a person as a 15
donor of financial support to a nonprofit organization. 16
Sec. 4. NRS 82.536 is hereby amended to read as follows: 17
82.536 1. A corporation for public benefit and a corporation 18
holding assets in charitable trust is subject at all times to 19
examination by the Attorney General, on behalf of the State, to 20
ascertain the condition of its affairs and to what extent, if at all, it 21
fails to comply with trusts it has assumed or has departed from the 22
purposes for which it is formed. In case of any such a failure or 23
departure, the Attorney General may institute, in the name of the 24
State, the proceeding necessary to correct the noncompliance or 25
departure. 26
2. The Attorney General, or any person given the status of 27
relator by the Attorney General, may bring an action to enjoin, 28
correct, obtain damages for or otherwise to remedy a breach of a 29
charitable trust or departure from the purposes for which it is 30
formed. 31
3. Any information collected by the Attorney General 32
pursuant to this section: 33
(a) Must only be used in connection with an audit, 34
examination, review or investigation by the Attorney General and 35
for any proceedings or action resulting from such an audit, 36
examination, review or investigation; and 37
(b) Except as otherwise provided in this subsection and section 38
2 of this act, is subject to the requirements of section 2 of this act, 39
unless expressly required by law to be publicly disclosed. 40
Sec. 5. This act becomes effective on July 1, 2027. 41
H