Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 197–Assemblymembers
Backus and Hafen
CHAPTER..........
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 nonprofi t 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
personal information. (Chapter 239B of NRS) Existing law also prohibits, with
certain exceptions, a governmental agency from requiring a person to inc lude
certain personal information on any document submitted to the governmental
agency after a certain date. (NRS 239B.030) Section 2 of this bill requires, with
certain exceptions, a governmental entity to keep confidential any personal
information in the records of the governmental entity that identifies a person as a
donor, member or volunteer of a nonprofit organization. Section 2 also prohibits,
with certain exceptions, a governmental entity from: (1) requiring that any person
or nonprofit organization provide the governmental entity with personal
information that identifies a person as a donor, member or volunteer of a nonprofit
organization; (2) releasing, publicizing or otherwise publicly disclosing personal
information that identifies a person as a donor, member or volunteer of a nonprofit
organization; or (3) requesting or requiring a current or prospective contractor or
grantee to provide a list of nonprofit organizations to which the contractor or
grantee has provided support or in-kind services or goods. Section 2 provides that
the personal information that identifies a person as a donor, member or volunteer of
a nonprofit o rganization includes any list, record, register, roster or other data of
any kind that includes a donation, name, address or telephone number that directly
or indirectly identifies a person as a donor of financial support or in-kind services
or goods, a member or a volunteer of any nonprofit organization.
Section 2 provides that a person who alleges that the person has been harmed
by a governmental entity or an officer or employee of a governmental entity that
has violated these provisions may bring a civ il action to obtain certain relief. To
prevail, section 2 requires the person to prove that the governmental entity or
officer or employee thereof caused the person harm as a result of actions the entity,
officer or employee knew or should have known w ere a violation of these
provisions.
Section 1 of this bill provides that such personal information is not a public
record.
Section 3 of this bill prohibits the Secretary of State, when carrying out certain
requirements of existing law, from collecting or disclosing any information that
directly identifies a person as a donor of financial support to a nonprofit
organization.
Section 4 of this bill provides that any information collected by the Attorney
General in an audit, examination, review or investigation of a corporation for public
benefit or a corporation holding assets in charitable trust may only be used in
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connection with the audit, examination, review or investigation and is otherwise
subject to the requirements of section 2.
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:
Section 1. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.54 13,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178. 39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 2 17.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 2 39B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 268. 490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
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360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 3 88A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.329 5, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 4 32B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 4 80.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.73 0, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180 , 645.625, 645A.050,
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645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.13 3, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703 .196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section 2 of this act, sections 35, 38 and 41 of chapter
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes
of Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersed e or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential infor mation from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
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(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 2. Chapter 239B of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a
governmental entity shall maintain in a confidential manner any
personal information that identifies a person as a donor, member
or volunteer of a nonprofit organization.
2. Except as otherwise provide d in subsection 3, a
governmental entity shall not:
(a) Require any person or nonprofit organization to provide
the governmental entity with personal information that identifies a
person as a donor, member or volunteer of a nonprofit
organization or other wise compel the release of such personal
information;
(b) Release, publicize or otherwise publicly disclose personal
information in possession of the governmental entity that
identifies a person as a donor, member or volunteer of a nonprofit
organization; or
(c) Request or require a current or prospective contractor or
grantee working with the governmental entity to provide a list of
nonprofit organizations to which the contractor or grantee has
provided financial support or in-kind services or goods.
3. The provisions of subsections 1 and 2 do not apply to
personal information that identifies a person as a donor, member
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or volunteer of a nonprofit organization that is requested,
obtained, released or disclosed as a result of any of the following:
(a) Any personal information required to be disclosed by
statute or regulation for the purpose of complying with federal
law;
(b) Any information, report or disclosure required to be:
(1) Filed with the Secretary of State pursuant to title 7 of
NRS provided that, except as otherwise provided in this
subsection, any information that directly identifies a person as a
donor of financial support to a nonprofit organization must not be
collected or disclosed; or
(2) Disclosed pursuant to any statute, regulation or
ordinance for a person or nonprofit organization to qualify for,
operate or engage in a business activity in this State or in a city or
county in this State;
(c) Any report or disclosure required to be filed pursuant to
chapter 294A of NRS;
(d) Any c onfidential information shared pursuant to
NRS 232.357;
(e) Any lawful warrant for personal information issued by a
court of competent jurisdiction;
(f) Any lawful request for personal information in connection
with discovery proceedings if:
(1) The relevant and probative value of the information
requested outweighs its prejudicial effect; and
(2) The requester obtains a protective order from the court
barring the disclosure of such information to any person not
named in the proceedings;
(g) Any personal information voluntarily released by a person
to the governmental entity or any personal information voluntarily
released by a nonprofit organization to the public;
(h) Any personal information admitted as evidence before a
court of competent jurisd iction, if the court finds there is good
cause for the public release of such information;
(i) Any contract, resolution or agreement entered into by a
nonprofit organization with a governmental entity, including for
purposes of obtaining a governmental be nefit or grant, whereby
the governmental entity is authorized to or any statute which
expressly authorizes a governmental entity to inspect the records
of the nonprofit organization, including, without limitation, a
contract, resolution or agreement entere d into pursuant to NRS
427A.085, 433.354, 433B.220 or 439.155 or a request for a
screening submitted pursuant to NRS 179A.325;
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(j) Any report required to be filed by a nonprofit organization
and posted by the Department of Health and Human Services on
the Internet website maintained by the Department pursuant to
NRS 439B.665 and 439B.670;
(k) Any information required to be filed by a nonprofit
organization of surplus line brokers with the Commissioner of
Insurance pursuant to NRS 685A.075;
(l) Any infor mation submitted to a governmental entity by a
national securities association that is registered pursuant to 15
U.S.C. § 78o -3 or any regulation adopted pursuant thereto,
including, without limitation, any information submitted to the
Secretary of State pursuant to chapters 90 and 91 of NRS and any
regulations adopted pursuant thereto for the purposes of licensing,
registration, examination, investigation or enforcement;
(m) Any requirement to disclose the relationship between a
public officer or employee and a nonprofit organization pursuant
to NRS 281A.420, as a response to a lawful request or subpoena in
an investigation or as part of or in response to a request for an
advisory opinion submitted pursuant to NRS 281A.670 to
281A.690, inclusive, or an eth ics complaint filed or initiated
pursuant to NRS 281A.700 to 281A.790, inclusive;
(n) Any information submitted to or requested by the Nevada
Gaming Control Board pursuant to NRS 462.160 for the purposes
of the licensing or registration of a charitable lo ttery or charitable
game, provided that any information collected is confidential as
provided in NRS 463.120;
(o) A request for information:
(1) Required by the Attorney General for an audit,
examination, review or investigation conducted pursuant to N RS
82.536, provided that:
(I) Such information must only be used in connection
with the specific audit, examination, review or investigation to
which the request is related and for any related proceedings; and
(II) Such information otherwise remains subject to the
provisions of this section, unless expressly required by law to be
publicly disclosed;
(2) Relating to the authority to exercise the power of the
Secretary of State or the power of the Attorney General in the
areas of consumer protection pursuant to NRS 228.380, including,
without limitation, the provisions of NRS 90.615, 597.262,
597.8198, 598C.180, 599B.015, and 599B.213 to 599B.245,
inclusive, and chapters 598, 598A and 711 of NRS, provided that
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such information is otherwise subject to the requirements of this
section, unless expressly required by law to be publicly disclosed;
(3) Relating to a criminal investigation or prosecution by
the Attorney General, a district attorney on behalf of a county or a
city attorney on behalf of a cit y, where there is credible evidence
that a crime has been or is being committed or for information
relating to any authorized civil investigation or inquiry undertaken
by the Attorney General, district attorney or city attorney, as
applicable, provided tha t any personal information obtained in
such an investigation or prosecution must remain confidential
unless its disclosure is expressly required by law to be publicly
disclosed or is necessary to publicize in a court pleading or
submission of evidence to a court; or
(4) Connected with a constituent complaint submitted to the
Attorney General; and
(p) The names of members of a labor organization and the
amount of dues collected by a governmental entity that are
provided to the labor organization for the p urposes of collecting
and reporting the remittance of dues to the labor organization
from its members, in accordance with a valid authorization to
withhold dues.
4. Any person who alleges that the person has been harmed
by a governmental entity or an of ficer or employee of a
governmental entity that has violated the provisions of subsection
1 or 2 may bring a civil action in a court of competent jurisdiction.
To prevail, the person must prove to the court that the
governmental entity or officer or employ ee of the governmental
entity caused harm to the person by violating the provisions of
subsection 1 or 2 where the governmental entity or officer or
employee thereof knew or should have known such actions
violated the provisions of subsection 1 or 2 . If the person prevails,
the person is entitled to receive any or all of the following relief:
(a) Injunctive relief as the court deems appropriate;
(b) Costs incurred in bringing the action, including, without
limitation, reasonable attorney’s fees;
(c) Except as otherwise provided in paragraph (d), the greater
of actual damages or statutory damages equal to:
(1) For a first offense committed against the person,
$1,000;
(2) For a second offense committed against the person,
$5,000; and
(3) For a thi rd or any subsequent offense committed
against the person, $10,000.
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- 83rd Session (2025)
(d) If the court determines that a governmental entity or
officer or employee of a governmental entity acted recklessly or
willfully to violate the provisions of this section, the court m ay
award treble the amount of the damages assessed pursuant to
paragraph (c).
5. For the purposes of this section:
(a) “Personal information that identifies a person as a donor,
member or volunteer of a nonprofit organization”:
(1) Includes, without limitation, any list, record, register,
roster or other data of any kind that includes a donation, name,
address or telephone number that directly or indirectly identifies a
person as a donor of financial support or in -kind services or
goods, a member or a volunteer of any nonprofit organization;
and
(2) Does not include information that identifies a person as
a staff member, employee or contractor of a nonprofit
organization.
(b) An entity that has submitted an application with the
Internal Revenue Se rvice for recognition as a tax exempt entity
pursuant to section 501(c) of the Internal Revenue Code, 26
U.S.C. § 501(c), meets the definition of “nonprofit organization”
set forth in subsection 6 only if the governmental entity receives
actual notice from the entity of the pending application.
6. As used in this section:
(a) “Governmental entity” has the meaning ascribed to it in
NRS 239.005.
(b) “Labor organization” has the meaning ascribed to it in
NRS 288.048.
(c) “Nonprofit organization” means:
(1) An organization which qualifies as tax exempt pursuant
to section 501(c) of the Internal Revenue Code, 26 U.S.C. §
501(c); and
(2) Any entity that has submitted an application with the
Internal Revenue Service for recognition as a tax exempt entit y
pursuant to section 501(c) of the Internal Revenue Code, 26
U.S.C. § 501(c).
Sec. 3. Chapter 75 of NRS is hereby amended by adding
thereto a new section to read as follows:
Pursuant to section 2 of this act, in carrying out the
requirements of this title, the Secretary of State shall not collect or
disclose any information that directly identifies a person as a
donor of financial support to a nonprofit organization.
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- 83rd Session (2025)
Sec. 4. NRS 82.536 is hereby amended to read as follows:
82.536 1. A corporation for public benefit and a corporation
holding assets in charitable trust is subject at all times to
examination by the Attorney General, on behalf of the State, to
ascertain the condition of its affairs and to what extent, if at all, it
fails to comply with trusts it has assumed or has departed from the
purposes for which it is formed. In case of any such a failure or
departure, the Attorney General may institute, in the name of the
State, the pr oceeding necessary to correct the noncompliance or
departure.
2. The Attorney General, or any person given the status of
relator by the Attorney General, may bring an action to enjoin,
correct, obtain damages for or otherwise to remedy a breach of a
charitable trust or departure from the purposes for which it is
formed.
3. Any information collected by the Attorney General
pursuant to this section:
(a) Must only be used in connection with an audit,
examination, review or investigation by the Attorney Ge neral and
for any proceedings or action resulting from such an audit,
examination, review or investigation; and
(b) Except as otherwise provided in this subsection and section
2 of this act, is subject to the requirements of section 2 of this act,
unless expressly required by law to be publicly disclosed.
Sec. 5. This act becomes effective on July 1, 2027.
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