(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 49
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SENATE BILL NO. 49–COMMITTEE ON COMMERCE AND LABOR
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to consumer protection.
(BDR 52-439)
FISCAL NOTE: Effect on Local Government: No.
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 consumer protection; clarifying the authority of
the Attorney General with respect to bringing certain
actions relating to deceptive trade practices; revising
certain civil penalties relating to deceptive trade practices;
revising the authorized uses of money in the Consumer
Protection Legal Account in the Office of the Attorney
General; clarifying when the Consumer’s Advocate of the
Bureau of Consumer Protection in the Office of the
Attorney General has custody or control of certain
records; making certain records, files and
communications of the Consumer’s Advocate
confidential; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law defines activities that constitute deceptive trade practices and 1
provides for the imposition of civil and criminal penalties against persons who 2
engage in deceptive trade practices. (Chapter 598 of NRS) Existing law authorizes 3
the Attorney General to obtain a temporary restraining order, a preliminary or 4
permanent injunction or other relief, including, without limitation, the recovery of a 5
civil penalty, disgorgement, restitution or the recovery of damages by bringing an 6
action in the name of the State against a person the Attorney General has reason to 7
believe has engaged or is engaging in a deceptive trade practice. (NRS 598.0963) 8
Section 3 of this bill provides that such relief includes any available remedy 9
relating to certain activities that constitute deceptive trade practices. Section 3 also 10
clarifies that such an action may be brought by the Attorney General on behalf of: 11
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(1) the State or its agencies, political subdivisions, districts or municipal 12
corporations; or (2) the people of the State. 13
Existing law authorizes the Director of the Department of Business and 14
Industry to impose certain penalties, including an administrative fine, upon a person 15
who has engaged in a deceptive trade practice after a hearing that is initiated by the 16
Commissioner of Consumer Affairs or Attorney General serving an order upon 17
such person. (NRS 598.0971) Section 4 of this bill: (1) increases the administrative 18
fine from $1,000 or treble the amount of restitution ordered, whichever is greater, 19
to not more than $15,000 for each violation or treble the amount of restitution 20
ordered, whichever is greater; and (2) revises the authorized methods of service of 21
the order imposing certain civil penalties. 22
Existing law creates the Consumer Protection Legal Account in the Office of 23
the Attorney General and provides that the money remains in the Legal Account at 24
the end of the fiscal year and does not revert to the State General Fund. (NRS 25
228.333) Existing law: (1) creates the Bureau of Consumer Protection within the 26
Office of the Attorney General; and (2) provides that the executive head of the 27
Bureau of Consumer Protection is the Consumer’s Advocate, who may generally 28
exercise the power of the Attorney General in areas of consumer protection and 29
enforcement. (NRS 228.310, 228.380) Existing law also creates the Consumer 30
Protection Administrative Account in the Bureau of Consumer Protection and: (1) 31
requires the deposit of certain money from settlements and litigation into the 32
Administrative Account; and (2) provides that any balance in excess of $500,000 in 33
the Administrative Account on June 30 and December 31 of each year, and at any 34
other time in the discretion of the Consumer’s Advocate, reverts to the Legal 35
Account. (NRS 228.332) Existing law requires the Attorney General to allocate, in 36
certain percentages, the money in the Legal Account to: (1) the Office of the 37
Attorney General or the Consumer’s Advocate to be used for consumer protection 38
and efforts to prevent fraud, including, without limitation, education, investigation, 39
enforcement and litigation; and (2) certain legal aid organizations to be used for 40
consumer protection and efforts to prevent fraud. (NRS 228.334) Section 11 of this 41
bill provides that the percentage of money allocated from the Legal Account to the 42
Office of the Attorney General or the Consumer’s Advocate may be used to pay 43
for: (1) necessary staff employed for the Consumer’s Advocate to carry out 44
consumer protection and efforts to prevent fraud; (2) necessary staff for the Office 45
of the Attorney General to carry out consumer protection and efforts to prevent 46
fraud; and (3) any other additional purpose relating to consumer protection and 47
efforts to prevent fraud. 48
Section 11 also eliminates the limitation that the money in the Legal Account 49
must exceed 120 days of operating costs for certain staff before the Office of the 50
Attorney General or Consumer’s Advocate may use money in the Legal Account 51
for additional purposes relating to consumer protection and efforts to prevent fraud. 52
Existing law authorizes the Consumer’s Advocate to have access to all records 53
in the possession of any agency, board or commission of this State that he or she 54
determines are necessary to exercise his or her powers relating to consumer 55
protection. (NRS 228.380) Section 12 of this bill clarifies that the Consumer’s 56
Advocate does not have possession of such records until he or she receives the 57
record from the agency, board or commission. Sections 12 and 12.5 of this bill 58
provide that any records, files and communications of the Consumer’s Advocate 59
made or received pursuant to section 12 are confidential and not a public record. 60
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
Sec. 3. NRS 598.0963 is hereby amended to read as follows: 3
598.0963 1. Whenever the Attorney General is requested in 4
writing by the Commissioner or the Director to represent him or her 5
in instituting a legal proceeding against a person who has engaged 6
or is engaging in a deceptive trade practice, the Attorney General 7
may bring an action in the name of the State of Nevada against that 8
person on behalf of the Commissioner or Director. 9
2. The Attorney General may institute criminal proceedings to 10
enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The 11
Attorney General is not required to obtain leave of the court before 12
instituting criminal proceedings pursuant to this subsection. 13
3. If the Attorney General has reason to believe that a person 14
has engaged or is engaging in a deceptive trade practice, the 15
Attorney General may bring an action in the name of the State of 16
Nevada against that person to obtain a temporary restraining order, a 17
preliminary or permanent injunction, or other appropriate relief, 18
including, without limitation, the recovery of a civil penalty, 19
disgorgement, restitution , [or] the recovery of damages [:] or any 20
other available remedy pursuant to NRS 598.0903 to 598.0999, 21
inclusive, on behalf of: 22
(a) The State, its agencies, political subdivisions, districts or 23
municipal corporations; or 24
(b) The persons residing in this State: 25
[(a)] (1) As parens patriae of the persons residing in this State, 26
with respect to damages sustained directly or indirectly by such 27
persons, or, alternatively, if the court finds in its discretion that the 28
interests of justice so require, as a representative of a class or classes 29
consisting of persons residing in this State who have been damaged 30
directly or indirectly; or 31
[(b)] (2) As parens patriae, with respect to direct or indirect 32
damages to the general economy of the State of Nevada or any 33
agency or political subdivision thereof. 34
4. If the Attorney General has cause to believe that a person 35
has engaged or is engaging in a deceptive trade practice, the 36
Attorney General may issue a subpoena to require the testimony of 37
any person or the production of any documents, and may administer 38
an oath or affirmation to any person providing such testimony. The 39
subpoena must be served upon the person in the manner required for 40
service of process in this State or by certified mail with return 41
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receipt requested. An employee of the Attorney General may 1
personally serve the subpoena. 2
Sec. 4. NRS 598.0971 is hereby amended to read as follows: 3
598.0971 1. If, after an investigation, the Commissioner or 4
Attorney General has reasonable cause to believe that any person 5
has been engaged or is engaging in any deceptive trade practice in 6
violation of NRS 598.0903 to 598.0999, inclusive, the 7
Commissioner or Attorney General may issue an order directed to 8
the person to show cause why the Director should not order the 9
person to cease and desist from engaging in the practice and to pay 10
an administrative fine. The order must contain a statement of the 11
charges and a notice of a hearing to be held thereon. The order must 12
be served upon the person directly, by certified or registered mail, 13
return receipt requested, or in any other manner permitted by the 14
Nevada Rules of Civil Procedure for the service of process in civil 15
actions. 16
2. An administrative hearing on any action brought by the 17
Commissioner or Attorney General must be conducted before the 18
Director or his or her designee. 19
3. If, after conducting a hearing pursuant to the provisions of 20
subsection 2, the Director or his or her designee determines that the 21
person has violated any of the provisions of NRS 598.0903 to 22
598.0999, inclusive, or if the person fails to appear for the hearing 23
after being properly served with the statement of charges and notice 24
of hearing, the Director or his or her designee shall issue an order 25
setting forth his or her findings of fact concerning the violation and 26
cause to be served a copy thereof upon the person and any 27
intervener at the hearing. If the Director or his or her designee 28
determines in the report that such a violation has occurred, he or she 29
may order the violator to: 30
(a) Cease and desist from engaging in the practice or other 31
activity constituting the violation; 32
(b) Pay the costs of conducting the investigation, costs of 33
conducting the hearing, costs of reporting services, fees for experts 34
and other witnesses, charges for the rental of a hearing room if such 35
a room is not available to the Director or his or her designee free of 36
charge, charges for providing an independent hearing officer, if any, 37
and charges incurred for any service of process, if the violator is 38
adjudicated to have committed a violation of NRS 598.0903 to 39
598.0999, inclusive; 40
(c) Provide restitution for any money or property improperly 41
received or obtained as a result of the violation; and 42
(d) Impose an administrative fine of [$1,000] not more than 43
$15,000 for each violation or treble the amount of restitution 44
ordered, whichever is greater. 45
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The order must be served upon the person directly , [or] by 1
certified or registered mail, return receipt requested [.] or any other 2
manner permitted by the Nevada Rules of Civil Procedure for the 3
service of process in civil actions. The order becomes effective 4
upon service in the manner provided in this subsection. 5
4. Any person whose pecuniary interests are directly and 6
immediately affected by an order issued pursuant to subsection 3 or 7
who is aggrieved by the order may petition for judicial review in the 8
manner provided in chapter 233B of NRS. Such a petition must be 9
filed within 30 days after the service of the order. The order 10
becomes final upon the filing of the petition. 11
5. If a person fails to comply with any provision of an order 12
issued by the Director or his or her designee pursuant to subsection 13
3, the Attorney General, or the Commissioner or the Director 14
through the Attorney General, may, at any time after 30 days after 15
the service of the order, cause an action to be instituted in the 16
district court of the county wherein the person resides or has his or 17
her principal place of business requesting the court to enforce the 18
provisions of the order or to provide any other appropriate 19
injunctive relief. 20
6. If the court finds that the person has failed to comply with an 21
order issued by the Director or his or her designee pursuant to 22
subsection 3, the court shall issue an order enforcing the provisions 23
of the order of the Director or his or her designee. 24
7. An order issued pursuant to subsection 6 may include: 25
(a) A provision requiring the payment to the Consumer Affairs 26
Unit of the Department of Business and Industry of a penalty of not 27
more than $5,000 for each act amounting to a failure to comply with 28
the Director’s or designee’s order; 29
(b) An order that the person cease doing business within this 30
State; and 31
(c) Such injunctive or other equitable or extraordinary relief as 32
is determined appropriate by the court. 33
8. Any aggrieved party may appeal from the final judgment, 34
order or decree of the court in a like manner as provided for appeals 35
in civil cases. 36
9. Upon the violation of any judgment, order or decree issued 37
pursuant to subsection 6 or 7, the Commissioner, after a hearing 38
thereon, may proceed in accordance with the provisions of 39
NRS 598.0999. 40
Sec. 5. (Deleted by amendment.) 41
Sec. 6. (Deleted by amendment.) 42
Sec. 7. (Deleted by amendment.) 43
Sec. 8. (Deleted by amendment.) 44
Sec. 9. (Deleted by amendment.) 45
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Sec. 10. (Deleted by amendment.) 1
Sec. 11. NRS 228.334 is hereby amended to read as follows: 2
228.334 1. After any reversion of money from the Consumer 3
Protection Administrative Account to the Consumer Protection 4
Legal Account in accordance with subsection 3 of NRS 228.332, the 5
Attorney General shall allocate the money in the Consumer 6
Protection Legal Account as follows: 7
(a) Fifty percent to the Office of the Attorney General or the 8
Consumer’s Advocate, to be used for consumer protection and 9
efforts to prevent fraud, including, without limitation, education, 10
investigation, enforcement and litigation. [Beginning on July 1, 11
2023, the] The Office of the Attorney General or the Consumer’s 12
Advocate, as applicable [: 13
(1) May] , may use money allocated pursuant to this 14
paragraph to pay for [necessary:] : 15
(1) Necessary staff employed pursuant to NRS 228.330 for 16
the Consumer’s Advocate to carry out such consumer protection 17
and efforts to prevent fraud; [and] 18
(2) [If the amount of money in the Account that is allocated 19
pursuant to this paragraph exceeds the amount required to pay for 20
120 days of operating costs for necessary] Necessary staff for the 21
Office of the Attorney General to carry out such consumer 22
protection and efforts to prevent fraud [, may use any such excess 23
amount of money for additional purposes] ; and 24
(3) Any other additional purpose relating to consumer 25
protection and efforts to prevent fraud. 26
(b) Fifty percent to the following legal aid organizations, or their 27
successors, in the following percentages: 28
(1) Seventy percent to the organization operating the 29
program for legal services in a county whose population is 700,000 30
or more that receives the fees charged pursuant to NRS 19.031 for 31
programs for the indigent, to be used to provide legal services in a 32
county whose population is 700,000 or more; 33
(2) Nineteen percent to the organization operating the 34
program for legal services in counties whose population is less than 35
100,000 that receive the fees charged pursuant to NRS 19.031 for 36
programs for the indigent, to be used to provide legal services in 37
those counties; and 38
(3) Eleven percent to the organization operating the program 39
for legal services in a county whose population is 100,000 or more 40
but less than 700,000 that receives the fees charged pursuant to NRS 41
19.031 for programs for the indigent, to be used to provide legal 42
services in a county whose population is 100,000 or more but less 43
than 700,000. 44
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2. Each legal aid organization listed in paragraph (b) of 1
subsection 1 shall: 2
(a) Use the money received from the Account for consumer 3
protection and efforts to prevent fraud, including, without limitation, 4
education and litigation; and 5
(b) On or before January 1 and July 1 of each year, submit a 6
report to the Office of the Attorney General that includes a detailed 7
summary of all activities undertaken by the legal aid organization 8
during the previous 6-month period with the money received from 9
the Account, including, without limitation: 10
(1) Activities relating to consumer protection and the 11
prevention of fraud; 12
(2) Litigation; 13
(3) Educational activities; 14
(4) Statistical information on the number of persons served; 15
and 16
(5) An accounting of the use of the money, including, 17
without limitation, the specific amount of money used for salaries, 18
costs and expenses. 19
3. On or before July 1 of each year, each legal aid organization 20
listed in paragraph (b) of subsection 1 shall submit to the Office of 21
the Attorney General an audited statement regarding the use of 22
money received from the Account during the previous calendar 23
year. 24
4. The Office of the Attorney General is entitled to audit, 25
examine or inspect the books and records of each legal aid 26
organization listed in paragraph (b) of subsection 1 at any time 27
regarding the use of money received from the Account. 28
Sec. 12. NRS 228.380 is hereby amended to read as follows: 29
228.380 1. Except as otherwise provided in this section, the 30
Consumer’s Advocate may exercise the power of the Attorney 31
General in areas of consumer protection, including, but not limited 32
to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C, 599B 33
and 711 of NRS. 34
2. The Consumer’s Advocate may not exercise any powers to 35
enforce any criminal statute set forth in: 36
(a) Chapter 90, 597, 598, 598A, 598B, 598C or 599B of NRS 37
for any transaction or activity that involves a proceeding before the 38
Public Utilities Commission of Nevada if the Consumer’s Advocate 39
is participating in that proceeding as a real party in interest on behalf 40
of the customers or a class of customers of utilities; or 41
(b) Chapter 711 of NRS. 42
3. The Consumer’s Advocate may have access to all records in 43
the possession of any agency, board or commission of this State that 44
he or she determines are necessary for the exercise of the powers set 45
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forth in subsection 1. The Consumer’s Advocate does not have 1
custody or control of any record until the Consumer’s Advocate 2
receives the record from the agency, board or commission of this 3
State. Any records, files and communications made or received 4
pursuant to this subsection are confidential and not a public 5
record. 6
4. The Consumer’s Advocate may expend revenues derived 7
from NRS 704.033 only for activities directly related to the 8
protection of customers of public utilities. 9
5. The powers of the Consumer’s Advocate do not extend to 10
proceedings before the Public Utilities Commission of Nevada 11
directly relating to discretionary or competitive telecommunication 12
services. 13
Sec. 12.5. NRS 239.010 is hereby amended to read as follows: 14
239.010 1. Except as otherwise provided in this section and 15
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 16
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 17
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 18
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 19
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 20
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 21
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 22
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 23
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 24
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 25
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 26
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 27
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 28
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 29
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 30
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 31
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 32
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 33
224.240, 226.462, 226.796, 228.270, 228.380, 228.450, 228.495, 34
228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 35
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 36
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 37
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 38
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 39
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 40
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 41
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 42
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 43
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 44
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 45
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332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 1
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 2
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 3
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 4
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 5
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 6
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 7
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 8
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 9
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 10
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 11
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 12
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 13
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 14
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 15
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 16
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 17
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 18
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 19
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 20
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 21
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 22
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 23
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 24
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 25
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 26
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 27
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 28
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 29
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 30
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 31
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 32
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 33
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 34
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 35
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 36
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 37
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 38
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 39
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 40
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 41
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 42
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 43
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 44
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 45
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642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 1
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 2
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 3
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 4
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 5
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 6
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 7
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 8
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 9
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 10
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 11
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 12
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 13
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 14
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 15
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 16
unless otherwise declared by law to be confidential, all public books 17
and public records of a governmental entity must be open at all 18
times during office hours to inspection by any person, and may be 19
fully copied or an abstract or memorandum may be prepared from 20
those public books and public records. Any such copies, abstracts or 21
memoranda may be used to supply the general public with copies, 22
abstracts or memoranda of the records or may be used in any other 23
way to the advantage of the governmental entity or of the general 24
public. This section does not supersede or in any manner affect the 25
federal laws governing copyrights or enlarge, diminish or affect in 26
any other manner the rights of a person in any written book or 27
record which is copyrighted pursuant to federal law. 28
2. A governmental entity may not reject a book or record 29
which is copyrighted solely because it is copyrighted. 30
3. A governmental entity that has legal custody or control of a 31
public book or record shall not deny a request made pursuant to 32
subsection 1 to inspect or copy or receive a copy of a public book or 33
record on the basis that the requested public book or record contains 34
information that is confidential if the governmental entity can 35
redact, delete, conceal or separate, including, without limitation, 36
electronically, the confidential information from the information 37
included in the public book or record that is not otherwise 38
confidential. 39
4. If requested, a governmental entity shall provide a copy of a 40
public record in an electronic format by means of an electronic 41
medium. Nothing in this subsection requires a governmental entity 42
to provide a copy of a public record in an electronic format or by 43
means of an electronic medium if: 44
(a) The public record: 45
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(1) Was not created or prepared in an electronic format; and 1
(2) Is not available in an electronic format; or 2
(b) Providing the public record in an electronic format or by 3
means of an electronic medium would: 4
(1) Give access to proprietary software; or 5
(2) Require the production of information that is confidential 6
and that cannot be redacted, deleted, concealed or separated from 7
information that is not otherwise confidential. 8
5. An officer, employee or agent of a governmental entity who 9
has legal custody or control of a public record: 10
(a) Shall not refuse to provide a copy of that public record in the 11
medium that is requested because the officer, employee or agent has 12
already prepared or would prefer to provide the copy in a different 13
medium. 14
(b) Except as otherwise provided in NRS 239.030, shall, upon 15
request, prepare the copy of the public record and shall not require 16
the person who has requested the copy to prepare the copy himself 17
or herself. 18
Sec. 13. This act becomes effective on July 1, 2025. 19
H