A.B. 43
- *AB43*
ASSEMBLY BILL NO. 43–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF CLARK COUNTY)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public works.
(BDR 28-465)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public works; creating a program to gather data
on the use of job order contracts for certain public works;
authorizing certain public bodies to enter into job order
contracts for the maintenance, repair, alteration,
demolition, renovation, remediation or minor construction
of a public work; prescribing the procedure for awarding
a job order contract; making certain documents and other
information submitted by a person seeking a job order
contract confidential until a contract is awarded;
prescribing responsibilities of a contractor who enters into
a job order contract; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes general procedures for awarding a contract for a public 1
work. (Chapter 338 of NRS) Existing law also authorizes a local government to 2
comply with alternative procedures for awarding a contract for a public work. (NRS 3
338.1373) Senate Bill No. 67 of the 2021 Legislative Session established a pilot 4
program to gather data on the use of job order contracts for certain public works in 5
Clark County, the City of Henderson, the City of Las Vegas, the City of North Las 6
Vegas and the Clark County Water Reclamation District and authorized those 7
public bodies, as part of the pilot program, to enter into job order contracts for the 8
maintenance, repair, alteration, demolition, renovation, remediation or minor 9
construction of a public work. (Chapter 523, Statutes of Nevada 2021, at page 10
3509) The pilot program expires on June 30, 2025. (Section 15 of chapter 523, 11
Statutes of Nevada 2021, at page 3514) Sections 2-16 of this bill: (1) establish a 12
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similar, permanent program; (2) authorize certain public bodies to award job order 13
contracts for certain public works; and (3) set forth various requirements and 14
restrictions concerning the use of job order contracts by those public bodies. 15
Section 2 provides that the provisions of sections 2-16 apply only to a public body 16
that is: (1) a county whose population is 700,000 or more (currently only Clark 17
County); (2) a city whose population is 150,000 or more located in such a county 18
(currently the Cities of Henderson, Las Vegas and North Las Vegas); or (3) a 19
general improvement district located in such a county which is granted certain 20
powers relating to sanitary sewer systems. (NRS 318.140) 21
Section 3 establishes a program to gather data on the use of job order contracts 22
for certain public works and directs each public body to gather and report data on 23
the use of job order contracts. Sections 5-8 define certain terms for the purposes of 24
this bill. Section 9 authorizes a public body to award job order contracts for the 25
maintenance, repair, alteration, demolition, renovation, remediation or minor 26
construction of public works. Section 17 of this bill revises the list of procedures by 27
which a local government may award a contract for a public work to include the use 28
of job order contracts if the local government is a public body to which the 29
provisions of sections 2-16 apply pursuant to section 2. 30
Section 9 requires a job order contract to be for a fixed period and provide for 31
indefinite types and quantities of work and delivery times. Section 9 provides that a 32
job order contract: (1) must not be for work exclusive to one trade for which a 33
license as a specialty contractor is required; and (2) must require a contractor to 34
prepare and submit a proposal for each job order. Section 9 requires such a 35
proposal to include the proposed price for the job order, each construction task 36
required to perform the job order, the unit price for each such task and the 37
adjustment factor applicable to the performance of the task. Section 9 also requires 38
a public body to adopt a written policy for the assignment of job orders and limits 39
the total dollar amount of job order contracts that may be awarded annually by each 40
public body. 41
Section 10 prescribes the qualifications a contractor who wishes to enter into a 42
job order contract must meet. Section 11 requires a public body or its authorized 43
representative to advertise requests for proposals or similar solicitation documents 44
for job order contracts. Section 11 also prescribes: (1) the contents of such 45
advertisements or similar solicitation documents; and (2) requirements for 46
proposals. Sections 12 and 18 of this bill make any document or other information 47
submitted to a public body in response to a request for proposals or similar 48
solicitation document for a job order contract confidential and prohibit disclosure of 49
any such document or information until notice of intent to award the contract is 50
issued. 51
Section 13 prescribes the method for selecting a contractor for a job order 52
contract. Specifically, section 13 requires a public body or its authorized 53
representative to appoint a panel to rank the proposals submitted in response to the 54
request for proposals and award a job order contract to one or more applicants. 55
Section 14 prescribes certain responsibilities of a contractor who enters into a 56
job order contract relating to contracting for the services of a subcontractor, 57
supplier or professional. Section 14 also prohibits a contractor who enters into a job 58
order contract from performing more than 50 percent of the estimated cost of a 59
work order himself or herself, or using his or her own employees. 60
Section 9 requires a job order contract to provide for the use of job orders, 61
which are defined in section 7 as an order issued for a definite scope of work to be 62
performed for a fixed price pursuant to a job order contract. Section 15 requires a 63
contractor to submit a list of each subcontractor whom the contractor intends to 64
engage before a public body issues a job order. Section 16 requires a public body to 65
submit a quarterly report that contains certain information relating to job order 66
contracts to the governing body of the public body. Section 16 also requires a 67
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governing body to annually submit to the Director of the Legislative Counsel 68
Bureau a written report including the information reported to the governing body 69
during the immediately preceding calendar year. 70
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 16, inclusive, of this 2
act. 3
Sec. 2. The provisions of sections 2 to 16, inclusive, of this 4
act apply only to a public body that is: 5
1. A county whose population is 700,000 or more; 6
2. A city whose population is 150,000 or more located in a 7
county whose population is 700,000 or more; or 8
3. A general improvement district established pursuant to 9
chapter 318 of NRS in a county whose population is 700,000 or 10
more which is granted the powers set forth in NRS 318.140. 11
Sec. 3. 1. The Legislature hereby finds and declares that: 12
(a) It is in the best interest of the State to ensure that 13
contracting and bidding procedures for public works in this State 14
are efficient and cost-effective. 15
(b) The procedures for awarding a contract for a public work 16
authorized by existing law may create barriers to the efficient and 17
cost-effective awarding of contracts for the maintenance, repair, 18
alteration, demolition, renovation, remediation or minor 19
construction of a public work. 20
(c) Reducing any such barriers will benefit the public and 21
promote the timely completion of certain public works projects 22
that are critical for the health and safety of members of the public 23
who use public buildings and facilities. 24
(d) The voluminous and unpredictable amount of work for 25
which certain public bodies in large counties in this State must 26
award contracts presents unique challenges for these bodies. 27
(e) The use of job order contracting eliminates certain 28
administrative burdens associated with traditional procurement 29
methods and enables such a public body to efficiently manage the 30
numerous renovation, repair and maintenance projects required 31
for facilities. 32
(f) The provisions of sections 2 to 16, inclusive, of this act are 33
not intended to prohibit a public body from awarding a contract 34
for a public work pursuant to any other procedure authorized 35
pursuant to this chapter. 36
2. The Legislature therefore: 37
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(a) Establishes a program to gather data on the use of job 1
order contracts for the maintenance, repair, alteration, demolition, 2
renovation, remediation and minor construction of a public work; 3
and 4
(b) Directs each public body in the program to gather and 5
report data on the use of job order contracts in this State in the 6
manner prescribed by section 16 of this act. 7
Sec. 4. As used in sections 2 to 16, inclusive, of this act, 8
unless the context otherwise requires, the words and terms defined 9
in sections 5 to 8, inclusive, of this act have the meanings ascribed 10
to them in those sections. 11
Sec. 5. “Adjustment factor” means the adjustment that is 12
multiplied by a contractor against the unit price listed in the unit 13
price catalog for the job order contract, which must reflect any 14
overhead cost or profit to which a selected contractor is entitled. 15
Sec. 6. “Construction task” means an item of work: 16
1. That is included in a job order; and 17
2. For which a unit price is set forth in a unit price catalog or 18
priced using the formula or method prescribed by section 11 of 19
this act. 20
Sec. 7. “Job order” means an order issued by a public body 21
for a definite scope of work to be performed for a fixed price 22
pursuant to a job order contract. 23
Sec. 8. “Job order contract” means a contract entered into 24
pursuant to section 13 of this act. 25
Sec. 9. 1. Except as otherwise provided in subsection 2, a 26
public body may award a job order contract for the maintenance, 27
repair, alteration, demolition, renovation, remediation or minor 28
construction of a public work. A job order contract must: 29
(a) Be for a fixed period; 30
(b) Provide for indefinite times of delivery and indefinite types 31
of quantities of work; 32
(c) Provide for the use of job orders; 33
(d) Require a contractor to prepare and submit a proposal for 34
each job order, which must include, without limitation, a proposed 35
price for the job order, each construction task required to perform 36
the job order, the unit price for each such task and the adjustment 37
factor applicable to the performance of the task; and 38
(e) Not be for work exclusive to one trade for which a license 39
as a specialty contractor is required. 40
2. Except as otherwise provided in subsection 3, a public body 41
may not award more than $25,000,000 annually in job order 42
contracts. 43
3. If the total dollar amount of all job order contracts 44
awarded by a public body in any 1 year is less than the maximum 45
– 5 –
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dollar amount of job order contracts allowed to be awarded for 1
that year pursuant to subsection 2, the difference between those 2
amounts may be added to the total dollar amount of job order 3
contracts that a public body may award in the immediately 4
following year. 5
4. A public body shall adopt a written policy for the 6
assignment of job orders, which must include, without limitation, 7
the procedure by which a job order will be issued. 8
Sec. 10. To qualify to enter into a job order contract with a 9
public body, a contractor: 10
1. Must not have been found liable for breach of contract 11
with respect to a previous project, other than a breach for 12
legitimate cause, during the 5 years immediately preceding the 13
date of the advertisement for proposals pursuant to section 11 of 14
this act; 15
2. Must not have been disqualified from being awarded a 16
contract pursuant to NRS 338.017, 338.13845, 338.13895, 17
338.1475 or 408.333; and 18
3. Must be licensed as a contractor pursuant to chapter 624 19
of NRS. 20
Sec. 11. 1. A public body or its authorized representative 21
shall advertise for a job order contract in the manner set forth in 22
paragraph (a) of subsection 1 of NRS 338.1385. 23
2. Each request for proposals or similar solicitation 24
document for a job order contract must include, without 25
limitation: 26
(a) A detailed description of the work that the public body 27
expects a contractor to perform, which must include, without 28
limitation: 29
(1) Construction tasks and any technical specifications for 30
the work; 31
(2) A unit price catalog for units of work; and 32
(3) A description of the formula or method for pricing a 33
unit of work that is not included in the unit price catalog; 34
(b) A statement explaining why the public body elected to use a 35
job order contract for the public work; 36
(c) A statement requiring that a proposal list an adjustment 37
factor; 38
(d) A description of the qualifications which are required for a 39
contractor, including, without limitation, any certification 40
required; 41
(e) A description of the bonding requirements for a contractor; 42
(f) The minimum amount of work committed to the selected 43
contractor under the job order contract; 44
(g) The proposed form of the job order contract; 45
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(h) A copy of the policy for the assignment of job orders for 1
the job order contract adopted pursuant to section 9 of this act; 2
(i) A description of the method for pricing a renewal or 3
extension of the job order contract; 4
(j) The date by which proposals must be submitted to the 5
public body; and 6
(k) A list of the factors and relative weight of the factors that 7
will be used pursuant to section 13 of this act to rank proposals 8
submitted by applicants. 9
3. A proposal submitted to a public body pursuant to this 10
section must include, without limitation: 11
(a) The professional qualifications and experience of the 12
applicant; 13
(b) An adjustment factor; 14
(c) Evidence of the ability of the applicant to obtain the 15
necessary bonding for the work required by the public body; 16
(d) Evidence that the applicant has obtained or has the ability 17
to obtain such insurances as may be required by law; 18
(e) A statement of whether the applicant has been: 19
(1) Found liable for breach of contract with respect to a 20
previous project, other than a breach for legitimate cause, during 21
the 5 years immediately preceding the date of the advertisement; 22
or 23
(2) Disqualified from being awarded a contract pursuant to 24
NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333; and 25
(f) Evidence that the applicant is licensed as a contractor 26
pursuant to chapter 624 of NRS. 27
4. The public body or its authorized representative shall make 28
available to the public the name of each applicant who submits a 29
proposal pursuant to this section. 30
Sec. 12. Except as otherwise provided in subsection 4 of 31
section 11 of this act, any document or other information 32
submitted by an applicant to a public body in response to a request 33
for proposals or similar solicitation document pursuant to section 34
11 of this act, including, without limitation, a proposal made 35
pursuant to section 11 of this act, is confidential and may not be 36
disclosed until notice of intent to award the contract is issued. 37
Sec. 13. 1. The public body or its authorized representative 38
shall appoint a panel to rank the proposals submitted by applicants 39
to the public body pursuant to section 11 of this act. At least one 40
member appointed to a panel pursuant to this subsection must 41
have experience in the construction industry. 42
2. The panel appointed pursuant to subsection 1 shall rank 43
the proposals by: 44
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(a) Verifying that each applicant satisfies the requirements of 1
section 10 of this act; and 2
(b) Evaluating and assigning a score to each of the proposals 3
based on the factors and relative weight assigned to each factor 4
that the public body specified in the request for proposals. 5
3. When ranking the proposals, the panel appointed pursuant 6
to subsection 1 shall assign a relative weight of 5 percent to the 7
applicant’s possession of a certificate of eligibility to receive a 8
preference in bidding on public works if the applicant submits a 9
signed affidavit that meets the requirements of subsection 1 of 10
NRS 338.0117. If any federal statute or regulation precludes the 11
granting of federal assistance or reduces the amount of that 12
assistance for a particular public work because of the provisions 13
of this subsection, those provisions of this subsection do not apply 14
insofar as their application would preclude or reduce federal 15
assistance for that work. 16
4. Upon receipt of the rankings of the applicants from the 17
panel, the public body or its authorized representative shall award 18
a job order contract to one or more of the applicants. 19
Sec. 14. 1. A contractor who enters into a job order 20
contract pursuant to section 13 of this act is responsible for: 21
(a) Contracting for the services of any necessary 22
subcontractor, supplier or professional necessary to complete a job 23
order; 24
(b) Ensuring a subcontractor complies with the requirements 25
prescribed in subsections 5 and 6 of NRS 338.070; and 26
(c) The performance of and payment to any subcontractor, 27
supplier or professional. 28
2. A contractor who enters into a job order contract pursuant 29
to section 13 of this act may not perform more than 50 percent of 30
the estimated cost of the job order himself or herself, or using his 31
or her own employees. 32
3. Except as otherwise provided in subsection 5 of NRS 33
624.220, a contractor who enters into a job order contract shall 34
not perform specialty contracting in plumbing, electrical, 35
refrigeration, air-conditioning or fire protection without a license 36
for the specialty. 37
Sec. 15. 1. Before a public body issues a job order, a 38
contractor must submit a list of each subcontractor whom the 39
contractor intends to engage for work on the job order. 40
2. A contractor shall not: 41
(a) Perform any work required by a job order unless the 42
requirements of subsection 1 are met. 43
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(b) Substitute a subcontractor for any subcontractor who is 1
named in the list provided pursuant to subsection 1 unless the 2
requirements prescribed by subsection 5 of NRS 338.141 are met. 3
Sec. 16. 1. Each quarter, a public body shall provide to the 4
governing body of the public body a written report containing, for 5
each job order contract, if any: 6
(a) A list of each job order issued; 7
(b) The cost of each job order issued; 8
(c) A list of each subcontractor hired to perform work for each 9
job order; 10
(d) A statement regarding whether the contractor is a 11
minority-owned business, a woman-owned business, a veteran-12
owned business, a business enterprise owned by persons with 13
physical disabilities, a business enterprise owned by persons who 14
are disabled veterans or a local emerging small business; and 15
(e) Any other information requested by the governing body. 16
2. A governing body shall prepare and submit a written report 17
that includes any information provided to the governing body 18
pursuant to subsection 1 for the immediately preceding calendar 19
year to the Director of the Legislative Counsel Bureau for 20
transmittal to: 21
(a) The Legislature at the beginning of each regular session; 22
and 23
(b) The Legislative Commission on or before February 1 of 24
each even-numbered year. 25
3. For the purposes of this section, a business shall be 26
deemed to be owned by a person who possesses characteristics 27
described in paragraph (d) of subsection 1 if: 28
(a) The business is owned by a natural person who possesses 29
those characteristics; or 30
(b) Fifty-one percent of the ownership interest in the business 31
is held by one or more natural persons who possess those 32
characteristics. 33
4. As used in this section, “local emerging small business” 34
has the meaning ascribed to it in NRS 231.1402. 35
Sec. 17. NRS 338.1373 is hereby amended to read as follows: 36
338.1373 1. A local government or its authorized 37
representative shall award a contract for a public work pursuant to 38
the provisions of NRS 338.1415 and: 39
(a) NRS 338.1377 to 338.139, inclusive; 40
(b) NRS 338.143 to 338.148, inclusive; 41
(c) NRS 338.1685 to 338.16995, inclusive; [or] 42
(d) NRS 338.1711 to 338.173, inclusive [.] ; or 43
(e) If applicable, sections 2 to 16, inclusive, of this act. 44
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2. A public body shall not use a reverse auction when awarding 1
a contract for a public work. 2
3. Except as otherwise provided in this subsection, subsection 3
4 and chapter 408 of NRS, the provisions of this chapter apply with 4
respect to contracts for the construction, reconstruction, 5
improvement and maintenance of highways that are awarded by the 6
Department of Transportation pursuant to NRS 408.201 and 7
408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 8
338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 9
338.142 and 338.1711 to 338.1727, inclusive, do not apply with 10
respect to contracts for the construction, reconstruction, 11
improvement and maintenance of highways that are awarded by the 12
Department of Transportation pursuant to NRS 408.201 and 13
408.313 to 408.433, inclusive. 14
4. To the extent that a provision of this chapter precludes the 15
granting of federal assistance or reduces the amount of such 16
assistance with respect to a contract for the construction, 17
reconstruction, improvement or maintenance of highways that is 18
awarded by the Department of Transportation pursuant to NRS 19
408.201 and 408.313 to 408.433, inclusive, that provision of this 20
chapter does not apply to the Department of Transportation or the 21
contract. 22
5. As used in this section: 23
(a) “Online bidding” means a process by which bidders submit 24
bids for a contract on a secure website on the Internet or its 25
successor, if any, which is established and maintained for that 26
purpose. 27
(b) “Reverse auction” means a process by which a bidder may 28
submit more than one bid if each subsequent response to online 29
bidding is at a lower price. 30
Sec. 18. NRS 239.010 is hereby amended to read as follows: 31
239.010 1. Except as otherwise provided in this section and 32
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 33
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 34
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 35
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 36
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 37
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 38
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 39
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 40
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 41
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 42
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 43
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 44
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 45
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179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 1
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 2
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 3
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 4
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 5
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 6
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 7
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 8
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 9
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 10
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 11
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 12
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 13
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 14
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 15
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 16
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 17
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 18
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 19
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 20
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 21
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 22
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 23
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 24
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 25
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 26
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 27
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 28
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 29
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 30
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 31
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 32
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 33
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 34
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 35
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 36
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 37
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 38
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 39
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 40
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 41
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 42
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 43
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 44
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 45
– 11 –
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571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 1
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 2
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 3
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 4
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 5
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 6
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 7
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 8
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 9
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 10
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 11
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 12
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 13
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 14
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 15
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 16
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 17
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 18
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 19
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 20
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 21
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 22
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 23
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 24
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 25
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 26
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 27
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 28
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 29
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 30
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 31
711.600, and section 12 of this act, sections 35, 38 and 41 of 32
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 33
Statutes of Nevada 2013 and unless otherwise declared by law to be 34
confidential, all public books and public records of a governmental 35
entity must be open at all times during office hours to inspection by 36
any person, and may be fully copied or an abstract or memorandum 37
may be prepared from those public books and public records. Any 38
such copies, abstracts or memoranda may be used to supply the 39
general public with copies, abstracts or memoranda of the records or 40
may be used in any other way to the advantage of the governmental 41
entity or of the general public. This section does not supersede or in 42
any manner affect the federal laws governing copyrights or enlarge, 43
diminish or affect in any other manner the rights of a person in any 44
written book or record which is copyrighted pursuant to federal law. 45
– 12 –
- *AB43*
2. A governmental entity may not reject a book or record 1
which is copyrighted solely because it is copyrighted. 2
3. A governmental entity that has legal custody or control of a 3
public book or record shall not deny a request made pursuant to 4
subsection 1 to inspect or copy or receive a copy of a public book or 5
record on the basis that the requested public book or record contains 6
information that is confidential if the governmental entity can 7
redact, delete, conceal or separate, including, without limitation, 8
electronically, the confidential information from the information 9
included in the public book or record that is not otherwise 10
confidential. 11
4. If requested, a governmental entity shall provide a copy of a 12
public record in an electronic format by means of an electronic 13
medium. Nothing in this subsection requires a governmental entity 14
to provide a copy of a public record in an electronic format or by 15
means of an electronic medium if: 16
(a) The public record: 17
(1) Was not created or prepared in an electronic format; and 18
(2) Is not available in an electronic format; or 19
(b) Providing the public record in an electronic format or by 20
means of an electronic medium would: 21
(1) Give access to proprietary software; or 22
(2) Require the production of information that is confidential 23
and that cannot be redacted, deleted, concealed or separated from 24
information that is not otherwise confidential. 25
5. An officer, employee or agent of a governmental entity who 26
has legal custody or control of a public record: 27
(a) Shall not refuse to provide a copy of that public record in the 28
medium that is requested because the officer, employee or agent has 29
already prepared or would prefer to provide the copy in a different 30
medium. 31
(b) Except as otherwise provided in NRS 239.030, shall, upon 32
request, prepare the copy of the public record and shall not require 33
the person who has requested the copy to prepare the copy himself 34
or herself. 35
Sec. 19. The provisions of subsection 1 of NRS 218D.380 do 36
not apply to any provision of this act which adds or revises a 37
requirement to submit a report to the Legislature. 38
Sec. 20. This act becomes effective on July 1, 2025. 39
H