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- 83rd Session (2025)
Assembly Bill No. 43–Committee
on Government Affairs
CHAPTER..........
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 minor construction performed on an existing
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
work. (Chapter 338 of NRS) Existing law also authorizes a loca l government to
comply with alternative procedures for awarding a contract for a public work. (NRS
338.1373) Senate Bill No. 67 of the 2021 Legislative Session established a pilot
program to gather data on the use of job order contracts for certain public works in
Clark County, the City of Henderson, the City of Las Vegas, the City of North Las
Vegas and the Clark County Water Reclamation District and authorized those
public bodies, as part of the pilot program, to enter into job order contracts for the
maintenance, repair, alteration, demolition, renovation, remediation or minor
construction of a public work. (Chapter 523, Statutes of Nevada 2021, at page
3509) The pilot program expires on June 30, 2025. ( Section 15 of chapter 523,
Statutes of Nevada 2021, at page 3514) Sections 2-16 of this bill: (1) establish a
similar, permanent program; (2) authorize certain public bodies to award job order
contracts for certain public works; and (3) set forth various requirements and
restrictions concerning the use of job order contracts by those public bodies.
Section 2 provides that the provisions of sections 2-16 apply only to a public body
that is: (1) a county whose population is 700,000 or more (currently only Clark
County); (2) a city whose population is 150,000 or more located in such a county
(currently the Cities of Henderson, Las Vegas and North Las Vegas); or (3) a
general improvement district loc ated in such a county which is granted certain
powers relating to sanitary sewer systems. (NRS 318.140)
Section 3 establishes a program to gather data on the use of job order contracts
for certain public works and directs each public body to gather and re port data on
the use of job order contracts. Sections 5-8 define certain terms for the purposes of
this bill. Section 9 authorizes a public body to award job order contracts for minor
construction performed on an existing public work. Section 17 of this bi ll revises
the list of procedures by which a local government may award a contract for a
public work to include the use of job order contracts if the local government is a
public body to which the provisions of sections 2-16 apply pursuant to section 2.
Section 9 requires a job order contract to be for a fixed period and provide for
indefinite types and quantities of work and delivery times. Section 9 provides that a
job order contract: (1) must not be for work exclusive to one trade for which a
license a s a specialty contractor is required; and (2) must require a contractor to
prepare and submit a proposal for each job order. Section 9 requires such a
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proposal to include the proposed price for the job order, each construction task
required to perform the job order, the unit price for each such task and the
adjustment factor applicable to the performance of the task. Section 9 also requires
a public body, after holding a public hearing on the matter, to adopt a written policy
for the assignment of job order s and limits the total dollar amount of job order
contracts that may be awarded annually by each public body.
Section 9.5 of this bill sets forth certain requirements for a job order contract
with respect to workers who perform work under contract, inclu ding the
requirement that at least 25 percent of such workers be enrolled in or graduates of
an apprenticeship program. Section 14.5 authorizes a public body to waive that
requirement under certain circumstances.
Section 10 prescribes the qualifications a contractor who wishes to enter into a
job order contract must meet. Section 11 requires a public body or its authorized
representative to advertise requests for proposals or similar solicitation documents
for job order contracts. Section 11 also prescribe s: (1) the contents of such
advertisements or similar solicitation documents; and (2) requirements for
proposals. Sections 12 and 18 of this bill make any document or other information
submitted to a public body in response to a request for proposals or similar
solicitation document for a job order contract confidential and prohibit disclosure of
any such document or information until notice of intent to award the contract is
issued.
Section 13 prescribes the method for selecting a contractor for a job order
contract. Specifically, section 13 requires a public body or its authorized
representative to appoint a panel to rank the propos als submitted in response to the
request for proposals and award a job order contract to one or more applicants.
Section 14 prescribes certain responsibilities of a contractor who enters into a
job order contract relating to contracting for the services of a subcontractor,
supplier or professional. Section 14 also prohibits a contractor who enters into a job
order contract from performing more than 50 percent of the estimated cost of a
work order himself or herself, or using his or her own employees.
Section 9 requires a job order contract to provide for the use of job orders,
which are defined in section 7 as an order issued for a definite scope of work to be
performed for a fixed price pursuant to a job order contract. Section 15 requires a
contractor t o submit a list of each subcontractor whom the contractor intends to
engage before a public body issues a job order. Section 16 requires a public body to
submit a quarterly report that contains certain information relating to job order
contracts to the gov erning body of the public body. Section 16 also requires a
governing body to annually submit to the Director of the Legislative Counsel
Bureau a written report including the information reported to the governing body
during the immediately preceding calendar year.
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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. Chapter 338 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 16, inclusive, of this
act.
Sec. 2. The provisions of sections 2 to 16, inclusive, of this
act apply only to a public body that is:
1. A county whose population is 700,000 or more;
2. A city whose population is 150,000 or more located in a
county whose population is 700,000 or more; or
3. A general improvement district established pursuant to
chapter 318 of NRS in a county whose population is 700,000 or
more which is granted the powers set forth in NRS 318.140.
Sec. 3. 1. The Legislature hereby finds and declares that:
(a) It is in the best interest of the State to ensure that
contracting and bidding procedures for public works in this State
are efficient and cost-effective.
(b) The procedures for awarding a contract for a public work
authorized by existing law may create barriers to the efficient and
cost-effective awarding of contracts for minor construction
performed on an existing public work.
(c) Reducing any such barriers will benefit the public and
promote the timely completion of certain public works projects
that are critical for the health and safety of members of the public
who use public buildings and facilities.
(d) The voluminous and unpredictable amount of work for
which certain public bodies in large counties in this State must
award contracts presents unique challenges for these bodies.
(e) The use of job order contracting eliminates certain
administrative burdens associated with traditional procurement
methods and enables such a public body to efficiently manage the
numerous minor con struction projects required for existing
facilities.
(f) The provisions of sections 2 to 16, inclusive, of this act are
not intended to prohibit a public body from awarding a contract
for a public work pursuant to any other procedure authorized
pursuant to this chapter.
2. The Legislature therefore:
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(a) Establishes a program to gather data on the use of job
order contracts for minor construction performed on an existing
public work; and
(b) Directs each public body in the program to gather and
report data on the use of job order contracts in this State in the
manner prescribed by section 16 of this act.
Sec. 4. As used in sections 2 to 16, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 5 to 8, inclusive, of this act have the meanings ascribed
to them in those sections.
Sec. 5. “Adjustment factor” means the adjustment that is
multiplied by a contractor against the unit price listed in the unit
price catalog for the job order contract, which must reflect any
overhead cost or profit to which a selected contractor is entitled.
Sec. 6. “Construction task” means an item of work:
1. That is included in a job order; and
2. For which a unit price is set forth in a unit price catalog or
priced using the formula or method prescribed by section 11 of
this act.
Sec. 7. “Job order” means an order issued by a public body
for a definite scope of work to be performed for a fixed price
pursuant to a job order contract.
Sec. 8. “Job order contract” means a contract entered into
pursuant to section 13 of this act.
Sec. 9. 1. Except as otherwise provided in subsection 2, a
public body may award a job order contract for minor
construction performed on an existing public work. A job order
contract must:
(a) Be for a fixed period;
(b) Provide for indefinite times of delivery and indefinite types
of quantities of work;
(c) Provide for the use of job orders;
(d) Require a contractor to prep are and submit a proposal for
each job order, which must include, without limitation, a proposed
price for the job order, each construction task required to perform
the job order, the unit price for each such task and the adjustment
factor applicable to the performance of the task; and
(e) Not be for work exclusive to one trade for which a license
as a specialty contractor is required.
2. Except as otherwise provided in subsection 3, a public body
may not award more than $25,000,000 annually in job order
contracts.
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3. If the total dollar amount of all job order contracts
awarded by a public body in any 1 year is less than the maximum
dollar amount of job order contracts allowed to be awarded for
that year pursuant to subsection 2, the difference between those
amounts may be added to the total dollar amount of job order
contracts that a public body may award in the immediately
following year.
4. A public body shall , after holding a public hearing on the
matter, adopt a written policy for the assignment of job orders,
which must include, without limitation, the procedure by which a
job order will be issued.
Sec. 9.5. 1. A job order contract must require:
(a) The contractor and each subcontractor to pay all workers
performing work under the contract, other than apprentices, not
less than the prevailing wage required pursuant to NRS 338.020 to
338.090, inclusive.
(b) All workers performing work under the c ontract, other
than apprentices, to have:
(1) At least 3 years of relevant work experience; or
(2) Graduated from an apprentice program registered and
approved by the State Apprenticeship Council pursuant to chapter
610 of NRS or approved by the United States Department of
Labor.
(c) Except as otherwise provided in section 14.5 of this act, at
least 25 percent of the workers performing work under the
contract to be apprentices or to have graduated from an
apprenticeship program registered and approved by the State
Apprenticeship Council pursuant to chapter 610 of NRS.
2. Except as otherwise provided in this subsection, a job order
contract must establish mechanisms in addition to those provided
in this chapter by which the public body will monitor an d ensure
compliance with the provisions of subsection 1, which may
include, without limitation, requirements relating to the
maintenance and submission of records to the public body that are
in addition to those set forth in subsections 5 and 6 of NRS
338.070. The provisions of this subsection do not apply if the work
performed under the job order contract is subject to a project labor
agreement, which includes requirements that are substantially
similar to those set forth in subsection 1 and which provides for
the resolution of disputes concerning compliance with those
requirements through binding arbitration.
3. As used in this section:
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(a) “Apprentice” means a person who is enrolled in an
apprenticeship program that is registered and approved by the
State Apprenticeship Council pursuant to chapter 610 of NRS.
(b) “Project labor agreement” means a prehire collective
bargaining agreement described in 29 U.S.C. § 158(f) that
establishes the terms and conditions of employment for a specific
project or projects of construction.
Sec. 10. To qualify to enter into a job order contract with a
public body, a contractor:
1. Must not have been found liable for breach of contract
with respect to a previous project, other than a breach for
legitimate cause, during the 5 years immediately preceding the
date of the advertisement for proposals pursuant to section 11 of
this act;
2. Must not have been disqualified from being awarded a
contract pursuant to NRS 338.017, 338.13845, 338.13895,
338.1475 or 408.333;
3. Must be licensed as a contractor pursuant to chapter 624
of NRS;
4. Must demonstrate that he or she:
(a) Has the financial ability to provide any necessary labor,
materials and equipment;
(b) Has the ability to obtain the necessary bonding;
(c) Has access to a qualified workforce to perform the
necessary work;
(d) Is eligible to hire apprentices who are enrolled i n an
apprenticeship program that is registered and approved by the
State Apprenticeship Council pursuant to chapter 610 of NRS ;
and
(e) Operates a program for the safety of workers that includes,
without limitation, drug testing; and
5. Must agree to the requirements set forth in section 9.5 of
this act.
Sec. 11. 1. A public body or its authorized representative
shall advertise for a job order contract in the manner set forth in
paragraph (a) of subsection 1 of NRS 338.1385.
2. Each request for proposals or similar solicitation
document for a job order contract must include, without
limitation:
(a) A detailed description of the work that the public body
expects a contractor to perform, which must include, without
limitation:
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(1) Construction tasks and any technical specifications for
the work;
(2) A unit price catalog for units of work; and
(3) A description of the formula or method for pricing a
unit of work that is not included in the unit price catalog;
(b) A statement explaining why the public body elected to use a
job order contract for the public work;
(c) A statement requiring that a proposal list an adjustment
factor;
(d) A description of the qualifications which are required for a
contractor, inclu ding, without limitation, any certification
required;
(e) A description of the bonding requirements for a contractor;
(f) The minimum amount of work committed to the selected
contractor under the job order contract;
(g) The proposed form of the job order contract;
(h) A copy of the policy for the assignment of job orders for
the job order contract adopted pursuant to section 9 of this act;
(i) A description of the method for pricing a renewal or
extension of the job order contract;
(j) The date by whi ch proposals must be submitted to the
public body;
(k) A list of the factors and relative weight of the factors that
will be used pursuant to section 13 of this act to rank proposals
submitted by applicants; and
(l) A description of t he requirements set forth in subsections 4
and 5 of section 10 of this act.
3. A proposal submitted to a public body pursuant to this
section must include, without limitation:
(a) The professional qualifications and experience of the
applicant;
(b) An adjustment factor;
(c) Evidence of the ability of the applicant to obtain the
necessary bonding for the work required by the public body;
(d) Evidence that the applicant has obtained or has the ability
to obtain such insurances as may be required by law;
(e) A statement of whether the applicant has been:
(1) Found liable for breach of contract with respect to a
previous project, other than a breach for legitimate cause, during
the 5 years immediately preceding the date of the advertisement;
or
(2) Disqualified from being awarded a contract pursuant to
NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333; and
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(f) Evidence that the applicant is licensed as a contractor
pursuant to chapter 624 of NRS.
4. The public body or its authorized representative shall make
available to the public the name of each applicant who submits a
proposal pursuant to this section.
Sec. 12. Except as otherwise provided in subsection 4 of
section 11 of this act, any document or other information
submitted by an applicant to a public body in response to a request
for proposals or similar solicitation document pursuant to section
11 of this act, including, without limitation, a proposal made
pursuant to section 11 of this act, is confidential and may not be
disclosed until notice of intent to award the contract is issued.
Sec. 13. 1. The public body or its authorized representative
shall appoint a panel to rank the proposals submitted by applicants
to the public body pursua nt to section 11 of this act. At least one
member appointed to a panel pursuant to this subsection must
have experience in the construction industry.
2. The panel appointed pursuant to subsection 1 shall rank
the proposals by:
(a) Verifying that each applicant satisfies the requirements of
section 10 of this act; and
(b) Evaluating and assigning a score to each of the proposals
based on the factors and relative weight assigned to each factor
that the public body specified in the request for proposals.
3. When ranking the proposals, the panel appointed pursuant
to subsection 1 shall assign a relative weight of 5 percent to the
applicant’s possession of a certificate of eligibility to receive a
preference in bidding on public w orks if the applicant submits a
signed affidavit that meets the requirements of subsection 1 of
NRS 338.0117. If any federal statute or regulation precludes the
granting of federal assistance or reduces the amount of that
assistance for a particular public work because of the provisions
of this subsection, those provisions of this subsection do not apply
insofar as their application would preclude or reduce federal
assistance for that work.
4. Upon receipt of the rankings of the applicants from the
panel, the public body or its authorized representative shall award
a job order contract to one or more of the applicants.
Sec. 14. 1. A contractor who enters into a job order
contract pursuant to section 13 of this act is responsible for:
(a) Contracting for the services of any necessary
subcontractor, supplier or professional necessary to complete a job
order;
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(b) Ensuring a subcontractor complies with the requirements
prescribed in subsections 5 and 6 of NRS 338.070; and
(c) The performance of and payment to any subcontractor,
supplier or professional.
2. A contractor who enters into a job order contract pursuant
to section 13 of this act may not perform more than 50 percent of
the estimated cost of the job order himself o r herself, or using his
or her own employees.
3. Except as otherwise provided in subsection 5 of NRS
624.220, a contractor who enters into a job order contract shall
not perform specialty contracting in plumbing, electrical,
refrigeration, air-conditioning or fire protection without a license
for the specialty.
Sec. 14.5. Upon application by a contractor who enters into a
job order contract with a public body, the public body may waive
the requirement set forth in paragraph ( c) of subsection 1 of
section 9.5 of this act if the contractor demonstrates to the
satisfaction of the public body that the contractor has made efforts
to satisfy the requirement but is unable to obtain the workers
necessary to satisfy that requirement.
Sec. 15. 1. Before a public body issues a job order, a
contractor must submit a list of each subcontractor whom the
contractor intends to engage for work on the job order.
2. A contractor shall not:
(a) Perform any work required by a job order unless the
requirements of subsection 1 are met.
(b) Substitute a subcontractor for any subcontractor who is
named in the list provided pursuant to subsection 1 unless the
requirements prescribed by subsection 5 of NRS 338.141 are met.
Sec. 16. 1. Each quarter, a public body shall provide to the
governing body of the public body a written report containing, for
each job order contract, if any:
(a) A list of each job order issued;
(b) The cost of each job order issued;
(c) A list of each subcontractor hired to perform work for each
job order;
(d) A statement regarding whether the contractor is a
minority-owned business, a woman -owned business, a veteran -
owned business, a busin ess enterprise owned by persons with
physical disabilities, a business enterprise owned by persons who
are disabled veterans or a local emerging small business;
(e) A list of each job order that the public body expects to issue
in the following quarter; and
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(f) Any other information requested by the governing body.
2. A governing body shall prepare and submit a written report
that includes any information provided to the governing body
pursuant to subsection 1 for the immediately preceding calendar
year to the Director of the Legislative Counsel Bureau for
transmittal to:
(a) The Legislature at the beginning of each regular session;
and
(b) The Legislative Commission on or before February 1 of
each even-numbered year.
3. For the purposes of this section, a business shall be
deemed to be owned by a person who possesses characteristics
described in paragraph (d) of subsection 1 if:
(a) The business is owned by a natural person who possesses
those characteristics; or
(b) Fifty-one percent of the ownership interest in the business
is held by one or more natural persons who possess those
characteristics.
4. As used in this section, “local emerging small business”
has the meaning ascribed to it in NRS 231.1402.
Sec. 17. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government or its authorized
representative shall award a contract for a public work pursuant to
the provisions of NRS 338.1415 and:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
(c) NRS 338.1685 to 338.16995, inclusive; [or]
(d) NRS 338.1711 to 338.173, inclusive [.] ; or
(e) If applicable, sections 2 to 16, inclusive, of this act.
2. A public body shall not use a reverse auction when awarding
a contract for a public work.
3. Except as otherwise provided in this subsection, subsection
4 and chapter 408 of NRS, the provisions of this chapter apply with
respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the
Department of Transportation pursuant to NRS 408.201 and
408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to
338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139,
338.142 and 338.1711 to 338.1727, inclusive, do not apply with
respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the
Department of Transportation pursuant to NRS 408.201 and
408.313 to 408.433, inclusive.
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4. To the ext ent that a provision of this chapter precludes the
granting of federal assistance or reduces the amount of such
assistance with respect to a contract for the construction,
reconstruction, improvement or maintenance of highways that is
awarded by the Depart ment of Transportation pursuant to NRS
408.201 and 408.313 to 408.433, inclusive, that provision of this
chapter does not apply to the Department of Transportation or the
contract.
5. As used in this section:
(a) “Online bidding” means a process by whic h bidders submit
bids for a contract on a secure website on the Internet or its
successor, if any, which is established and maintained for that
purpose.
(b) “Reverse auction” means a process by which a bidder may
submit more than one bid if each subsequen t response to online
bidding is at a lower price.
Sec. 18. 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,
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- 83rd Session (2025)
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,
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,
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- 83rd Session (2025)
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,
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 12 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 superse de 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,
– 14 –
- 83rd Session (2025)
electronically, the confidential info rmation 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 thi s 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:
(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. 19. The provisions of subsection 1 of NRS 218D.380 do
not apply to any provision of this act which adds or revises a
requirement to submit a report to the Legislature.
Sec. 20. This act becomes effective on July 1, 2025.
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