SB 407 — Revises provisions relating to personal financial administration. (BDR 12-959)

(2)(2)sly removes the requirement that one or more beneficiaries of the trust reside in this State;

(NRS 164.010) Section 14 specifies that for the purposes of determining venue in this State, the declared;following preferences apply:

(1) a county in which venue was most recently declared;

(3) a county in which the situs or domicile of the trust is declared in a certification of trust;the filing of the petition;

(4) a county in which any trustee resides or conducts business at the time of the filing of the petition;

(NRS 164.021) Section 15 of this bill clarifies that the notice must contain the dispositive provisions of the trust instrument that pertain to the beneficiary or a complete copy of the trust instrument.

Section 15hat15 also authorizes a person to consent in writing to a period shorter than 120 days in which to bring an action to contest the validity of the trust.

- *SB407_R1* – 4 – Section 17 of this bill makes a technical correction to a provision relating to the actions.

(NRS 164.796) or disinterested person who, in good faith, fails to take certain THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

or - 82nd Session (2023) – 4 – (b) [Where the decedent was a resident at the time of death.] Any part of the estate of the decedent is located in this State.

[If the decedent was a resident of this State at the time of death, the district court of any county in this State, whether death occurred in that county or elsewhere, may assume jurisdiction] Venue of the settlement of the estate of [the] a decedent is proper in any district court in this State.

If the homestead was selected by the spouses, or either of them, during their marriage, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection 2 of NRS 115.060.

If no homestead was so selected, a homestead may be set apart by the court to the surviving spouse, minor child or minor - *SB407_R1* – 5 – children of the decedent for a limited period if deemed advisable considering the needs and resources of the [family] surviving spouse, minor child or minor children of the decedent and the nature, character and obligations of the estate.

- 82nd Session (2023) – 5 – (b) If set apart from community property, one-half in the surviving spouse and one-half in the devisees of the decedent, or if no disposition is made, then entirely in the surviving spouse.

In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, unlessunlesst the debt or liability is secured by a mortgage or lien.

(a) To the payment of the petitioner’s attorney’s fees and costs incurredinc(b) relativeTo the payment of funeral expenses, expenses of last illness, money owed to the proceedingDepartment underof thisHealth section;and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any;

(b) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any;

and (d) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no - *SB407_R1* – 6 – valid will, pursuant to intestate succession in accordance with chapter 134 of NRS.

The court may allocate the entire estate to the surviving spouse, the entire amount - 82nd Session (2023) – 6 – to the minor child or minor children, or may divide the estate among the surviving spouse and minor child or minor children.

As to any amount set aside to or for the benefit of the surviving spouse or minor child or minor children of the decedent pursuant to subsection 3, the court must set aside the estate without the payment of creditors except as the court finds necessary totoithout prevent a manifest injustice.

Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a(a) petitionA containing:specific description of all property in the decedent’s estate;

(a) A specific description of all property in the decedent’s estate;

- *SB407_R1* – 7 – (e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner;

9.- 82nd Session (2023) – 7 – benefit of the decedent’s surviving spouse or minor child or minor children without payment to creditors, the petition must also contain:

If the petition seeks to have the estate set aside for the benefit of the decedent’s surviving spouse or minor child or minor children without payment to creditors, the petition must also contain:

The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs and devisees and to the Director of the Department of Health and Human Services.

(c)subsection 2;urt’s determination of any property set aside under (d) The court’s determination of any property set aside under subsection 2;3, including, without limitation, the court’s determination as to any reduction made pursuant to subsection 4 or 5;

(d)and (e) The court’sname determination of anyeach propertydistributee setand aside under subsection 3, including, without limitation, the court’sproperty determination as to anybe reductiondistributed made pursuant to subsectionthe 4distributee. or 5;

and - *SB407_R1* – 8 – (e) The name of each distributee and the property to be distributed to the distributee.

As to the distribution of the share of a minor child set aside pursuant to this section, the court may direct the manner in which the money may be used for the benefit of the minor child as is deemed- in82nd theSession court’s(2023) discretion– to8 be– in the best interests of the minor child, and the distribution of the minor child’s share shall be made as permitted for the minor child’s share under the terms of the decedent’s will or to one or more of the following:

(b) May order the designated person to distribute the assets to the(c) Shall retain jurisdiction to enforce its orders until the designated person ordemonstrates to the court, by the production of satisfactory receipts, that all sums of money due and all the property of the estate has been distributed to the persons entitled thereto;thereto and all acts lawfully required have been performed.

and (c) Shall retain jurisdiction to enforce its orders until the designated person demonstrates to the court, by the production of satisfactory receipts, that all sums of money due and all the property of the estate has been distributed to the persons entitled thereto and all acts lawfully required have been performed.

Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made.

- *SB407_R1* – 9 – (a) The [personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate] following persons consent in writing [;] :

(1)- The82nd personalSession representative,(2023) – 9 – devisee or heir of the estate;entative, if he or she is the sole devisee(2) orIf heirthe property is specifically devised in the will of the estate;decedent, all devisees to whom the property is devised;

(2) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised;

If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or somesomef the portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.

2.

The court may waive the requirement of an appraisement:

[or][or]uirement (b) [If the] The personal representative , if he or she is the sole devisee or heir of thean estateappraisement: [, or if all devisees or heirs] ;

(b) [If the] The personal representative , if he or she is the sole devisee or heir of the estate [, or if all devisees or heirs] ;

- *SB407_R1* – 10 – (d) If the property is not specifically devised in the will of the decedent, all residuary devisees consent in writing to sale without an appraisal;

or - 82nd Session (2023) – 10 – (e) In the case of an intestate estate, all heirs to the estate consent in writing to the sale without an appraisal,  in which case the personal representative may rely on the assessed value of the property for taxation in obtaining confirmation of theSec. sale.

Sec.6.e.

6.

or (c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in aag at newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.

- *SB407_R1* – 11 – 5.

- 82nd Session (2023) – 11 – 6.

Notice given pursuant to paragraph (b) or (c) of subsection 1 is complete upon electronic submission of any kind, unless the petitioner is notified pursuant to the Nevada Electronic Filing and Conversion Rules that the service was not effectuated on the personperSec. intended to be served by such electronic means.

Sec.7.endNRS 30.040 is hereby amended to read as follows:

7.

NRS 30.040 is hereby amended to read as follows:

Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 orore 13 of NRS, as appropriate.

- *SB407_R1*82nd Session (2023) – 12 – 3.

(1)(2) Missing;Detained, including, without limitation, incarcerated.

or (2) Detained, including, without limitation, incarcerated.

7.but for the fact that he or she has been determined to betrustee incapacitated, who later regains capacity, may establish his or her capacity by:

A person who would have priority to serve as the trustee but for the fact that he or she has been determined to be incapacitated, who later regains capacity, may establish his or her capacity by:

A written determination of the successor trustee or licensed physician provided pursuant to paragraph (a) or (b) of subsection 4 must be provided under penalty of perjury.

9.- 82nd Session (2023) – 13 – be established by a preponderance of the evidence.bsection 4 must Sec.

Incapacity pursuant to paragraph (c) of subsection 4 must be established by a preponderance of the evidence.

- *SB407_R1* – 13 – Sec.

(c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distributiondis2.ibuIf shoulda betrust madecontains anda thecombination amount of a mandatory interest, a support interest or a discretionary interest, the distribution.trust must be separated as:

2.

If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:

As used in this section, “ascertainable standard” means a standard relating to a person’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1)or 2514(c)(1), and any regulations of the InternalUnited RevenueStates Code,TreasuryA) 26promulgated U.S.C.thereunder.

§ 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

The powers- granted82nd Session (2023) – 14 – the power to:d to a trust protector may include, without limitation, (a) Modify or amend the powerinstrument to:to achieve a more favorable tax status or to respond to changes in federal or state law.

(a)(b) Modify or amend the instrument to achievetake aadvantage moreof favorablechanges taxin statusthe rule against perpetuities, restraints on alienation or toother respondstate tolaws changesrestricting inthe federalterms of a trust, the distribution of trust property or statethe law.administration of the trust.

- *SB407_R1* – 14 – (b) Modify or amend the instrument to take advantage of changes in the rule against perpetuities, restraints on alienation or other state laws restricting the terms of a trust, the distribution of trust property or the administration of the trust.

(g) Direct or veto trust distributions.

The trust instrument may define the scope and extent of a fiduciary standard applicable to the exercise of any power of the trust protector, including, without limitation, reducing or relieving thetheSec. trust protector of a fiduciary duty.

Sec.

- 82nd Session (2023) – 15 – 2.

Unless the court orders otherwise, confidential information once redacted or filed under seal must be redacted and filed under seal without a prior court order in all subsequent filings and orders in the matter relating to the petition, and unredacted and complete copies of such filings and orders must be promptly provided in camera to the court and to all persons entitled to copies thereto, as appropriate.

- *SB407_R1* – 15 – 3.

and (f) Any other information orderedthe bycourt deems confidential, if the court.interest in protecting the confidentiality of the information outweighs the public interest in accessing such information.

Sec.164.010 1.RS 16Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court [of the county in which any trustee resides or conducts business at the time of the filing of the petition or in which the trust has been domiciled as of the time of the filing of the petition] shall assume jurisdiction of the trust as a proceeding in rem unless another court has properly assumed continuing jurisdiction in rem in accordance with the laws of that jurisdiction and the district court determines that it is not appropriate for the district court to assume jurisdiction under the circumstances.

14.

NRS 164.010 is hereby amended to read as follows:

164.010 1.

Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court [of the county in which any trustee resides or conducts business at the time of the filing of the petition or in which the trust has been domiciled as of the time of the filing of the petition] shall assume jurisdiction of the trust as a proceeding in rem unless another court has properly assumed continuing jurisdiction in rem in accordance with the laws of that jurisdiction and the district court determines that it is not appropriate for the district court to assume jurisdiction under the circumstances.

(1)- The82nd situsSession of(2023) the– trust16 is– in this State or a county located in this State;

or [that a]a]e trust is in this State or a county located (2) A court in this State has jurisdiction over the trust;

- *SB407_R1* – 16 – (d) The trust owns personal property, wherever situated, if the trustee is:

(e) [One or more beneficiaries of the trust reside] Any trustee residesres(f) orAt conductsleast businesspart of the administration of the trust occurs in this State;State.

or (f) At least part of the administration of the trust occurs in this State.

(b) To the county in which [the situs or domicile] venue is dec(c) To the county in which the situs or domicile is declared by the trustee at the time of the filing of the petition in a certification of the trust instrument;which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410 [.] ;

[and] (c) To the county in which the situs or domicile is declared by the trustee at the time of the filing of the petition in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410 [.] ;

(e)- To82nd aSession county(2023) in– which17 any– real property interest owned by the trust is located;

andandch any real property interest owned by (f) To a county in which any beneficiary of the trust resides.

and - *SB407_R1* – 17 – (d) May consider at the same time granting orders on other matters relating to the trust, including, without limitation, matters that might be addressed in a declaratory judgment relating to the trust under subsection 2 of NRS 30.040 or petitions filed pursuant to NRS 153.031 or 164.015 whether such matters are raised in the petition to assume jurisdiction pursuant to this section or in one or more separate petitions that are filed concurrently with the petition to assume jurisdiction.

(a) The identity of the settlor of the trust and the date of executionexe(b) The name, mailing address and telephone number of theany trusttrustee instrument;of the trust;

(b) The name, mailing address and telephone number of any trustee of the trust;

and - 82nd Session (2023) – 18 – (e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states:

“You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you.” 3.provided in accordance with the provisions of NRS 155.010.ion to be 4.

The trustee shall cause notice pursuant to this section to be provided in accordance with the provisions of NRS 155.010.

4.

[in accordance with this section.] A person upon whom notice is provided pursuant to this section may provide consent in writing to a period of less than 120 - *SB407_R1* – 18 – days in which the person may bring an action to contest the validity of the trust.

Sec.164.410 1.RS 164A certification of trust may confirm the following facts or contain the following information:

16.

NRS 164.410 is hereby amended to read as follows:

164.410 1.

A certification of trust may confirm the following facts or contain the following information:

[and] - 82nd Session (2023) – 19 – (g) The form in which title to assets of the trust is to be taken [.] ;

(1) The incapacity of the former trustee of the trust, including a settlor serving as the former trustee, has been determined pursuant to subsection 3, 4 or 6 of section 9 of this act;

- *SB407_R1* – 19 – (a) The trustee determines conversion to a unitrust will better enable the trustee to carry out the intent of the settlor and the purpose of the trust;

(2) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of any beneficiary eligible to receive income terminated immediatelyimmediatelyf any before the trustee gives notice;

If a beneficiary timely objects to converting a trust into a unitrust, or if there are no beneficiaries under either subparagraph (1) or (3) of paragraph (b) of subsection 1, the trustee may petition - 82nd Session (2023) – 20 – the court to approve the conversion of the trust into a unitrust.

3.unitrust.

A beneficiary may request that a trustee convert a trust into a unitrust.

- *SB407_R1* – 20 – 6.

If all trustees are prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to all of the trustees, the trustees may petition the court to direct a conversion.conversion.ustees, the 8.

8.

A trustee or disinterested person who, in good faith, takes or fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether the affected person received notice as provided in this section or was under- 82nd Session (2023) – 21 – person’s exclusive remedy is to petition the court for an orderaffected directing the trustee to convert the trust into a legalunitrust, disabilityto atreconvert a unitrust into a trust or to change the timepercentage ofused deliveryto ofcalculate notice.the unitrust amount.

An affected person’s exclusive remedy is to petition the court for an order directing the trustee to convert the trust into a unitrust, to reconvert a unitrust into a trust or to change the percentage used to calculate the unitrust amount.

(2) Is a charitable remainder trust within the meaning of section(3) Is a qualified subchapter S trust within the meaning of section 664(d)1361(c) of the Internal Revenue Code;

(3)(4) Is a qualifiedpersonal subchapterresidence S trust within the meaning of section 1361(c)2702(a)(3)(A) of the Internal Revenue Code;

- *SB407_R1* – 21 – (4) Is a personal residence trust within the meaning of section 2702(a)(3)(A) of the Internal Revenue Code;

11.standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.

As used in this section, “ascertainable standard” means a standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.

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, - 82nd Session (2023) – 22 – 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 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, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 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, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.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, 247.550, 247.560, 250.087, 250.130, 250.140, 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, - *SB407_R1* – 22 – 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, 293.910, 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, 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, 388A.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, 396.3295, 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, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, - 82nd Session (2023) – 23 – 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, 447.345, 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, 463.3403,463.3403,9.555, 463.3407, 463.790, 467.1005, 480.535, 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, 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, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 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, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 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.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, - *SB407_R1* – 23 – 641.090, 641.221, 641.2215, 641.325, 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, 665.133, 669.275, 669.285, 669A.310, 671.170, 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 13 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,- all82nd publicSession books(2023) and– public24 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.

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 information from the information included in the public book or record that is not otherwise confidential.

Nothing in this subsection requires a governmental entity - *SB407_R1* – 24 – to provide a copy of a public record in an electronic format or by means of an electronic medium if:

or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated fromfromtial information that is not otherwise confidential.

has5. legal custody or control of a public record:mental entity who (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)An Exceptofficer, asemployee otherwiseor providedagent in NRS 239.030, shall, upon request, prepare the copy of thea publicgovernmental recordentity and shall not require the person who has requestedlegal thecustody copyor tocontrol prepareof thea copypublic himselfrecord: or herself.

(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.

- 82nd Session (2023) – 25 – (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.

H~~~~~ 23 - *SB407_R1*82nd Session (2023)