Amendment vs bill Amendment 133 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Assembly Bill No.
Session (82nd) A AB258 133 Amendment No.
258–Assemblywomen Backus;
133 Assembly Amendment to Assembly Bill No.
and Kasama CHAPTER..........
258 (BDR 19-605) Proposed by:
Assembly Committee on Government Affairs Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SMH/ERS - Date:
4/13/2023 A.B.
No.
258—Enacts certain provisions governing the confidentiality of certain personal information of a donor, member or volunteer of a nonprofit organization.
(BDR 19-605) Page 1 of 9 *A_AB258_133* Assembly Amendment No.
133 to Assembly Bill No.
258 Page 3 ASSEMBLY B ILLNO .
258–[ASSEMBLYWOMAN ] ASSEMBLYWOMEN B ACKUS ;
AND K ASAMA M ARCH 7, 2023 _______________ Referred to Committee on Government Affairs SUMMARY—Enacts certain provisions governing the confidentiality of certain personal information of a donor, member or volunteer of a nonprofit organization.
(BDR 19-605) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring, with certain exceptions, a governmental entity to keep confidential certain personal information regarding donors, members or volunteers of a nonprofit organization;
requiring, with certain exceptions, a governmental [agency] entity to keep confidential certain personal information regarding donors, members or volunteers of a nonprofit organization;
prohibiting, with certain exceptions, a governmental entity from requesting or releasing certain personal information regarding donors, members or volunteers of a nonprofit organization;
prohibiting, with certain exceptions, a governmental [agency] entity from requesting or releasing certain personal information regarding donors, members or volunteers of a nonprofit organization;
making an appropriation to the Interim Finance Committee for allocation to the Office of the Attorney General to fund certain positions;
personal information.
Existing law authorizes certain governmental agencies to collect certain personal information.
(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.
(NRS 239B.030) Section 2 of this bill requires, with certain exceptions, a governmental [agency] entity to keep confidential any personal information in the records of the governmental [agency] 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:
Section 2 also prohibits, with certain exceptions, a governmental [agency] entity from:
(1) requiring that any person or nonprofit identifies a donor, member or volunteer of a nonprofit organization;
(1) requiring that any person or nonprofit organization provide the [agency] governmental entity with personal information that identifies a donor, member or volunteer of a nonprofit organization;
(2) releasing, publicizing or otherwise publicly disclosing personal information that identifies a donor, member or volunteer of a nonprofit organization;
(2) releasing, publicizing or otherwise publicly disclosing personal information that identifies a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the contractor or grantee has provided support.
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.
Section 2 provides that the personal information that identifies a donor, member or volunteer of a nonprofit organization 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 or nonfinancial support, member or volunteer of any nonprofit organization.
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Section 2 provides that the personal information that identifies a donor, member or volunteer of a nonprofit organization includes any list, record, register, roster or other data of or indirectly identifies a person as a donor of financial or nonfinancial support, member or volunteer of any nonprofit organization.
Section 2 provides that a person who [believes] alleges that a governmental [agency] entity or an officer or employee of a governmental [agency] entity has violated these Assembly Amendment No.
Section 2 provides that a person who alleges that a governmental entity or an officer or employee of a governmental entity has violated these provisions may bring a civil action to obtain certain relief, including damages in an amount of not less than:
133 to Assembly Bill No.
258 Page 4 not less than:
Section 2 further provides that any officer or employee of a governmental [agency] entity who knowingly and willfully violates these provisions is guilty of a misdemeanor.
State, in carrying out certain requirements of existing law, from collecting orof disclosing any information that directly identifies a person as a donor of financial support to a nonprofit organization.
Section 3 of this bill makes a conforming change to prohibit the Secretary of State, in 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 orgaSection 4 of this bill makes a conforming change to provide that any information collected by the Attorney General in an audit, examination or investigation of a corporation for public benefit or a corporation holding assets in a charitable trust may only be used in connection with the audit, examination or investigation and is otherwise subject to the requirements of section 2.
Section 4 of this bill makes a conforming change to provide 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 a charitable trust may only be used in connection with the audit, examination, review or investigation and is otherwise subject to the requirements of section 2.
- 82nd Session (2023) – 2 – for allocation to the Office of the Attorney General to fund certain positions.ee EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
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, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,2, 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, 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, - 82nd Session (2023) – 3 – 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, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,3.045, 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, 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, 463.3407, 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, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,28B.230, 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, 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, - 82nd Session (2023) – 4 – 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 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.
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, 87.5413, 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, 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, Assembly Amendment No.
Any 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.
133 to Assembly Bill No.
258 Page 5 396.1415, 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, 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, 463.3407, 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, 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 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.
3.
Assembly Amendment No.
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 confidential.he public book or record that is not otherwise 4.
133 to Assembly Bill No.
258 Page 6 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 information from the information included in the public book or record that is not otherwise confidential.
4.
or - 82nd Session (2023) – 5 – (b) Providing the public record in an electronic format or by means of an electronic medium would:
or (b) Providing the public record in an electronic format or by means of an electronic medium would:
or (2) Require the production of information that is confidential information that is not otherwise confidential.
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.
or separated from 5.
5.
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.
Except as otherwise provided in subsection 3, a governmental [agency] entity shall maintain in a confidential manner any personal information that identifies a person as a donor, member or volunteer of a nonprofit organization.
Except as otherwise provided in subsection 3, a governmental entity shall not:
Except as otherwise provided in subsection 3, a governmental [agency] 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 information;
(a) Require any person or nonprofit organization to provide the governmental [agency] entity with personal information that identifies a person as a donor, member or volunteer of a nonprofit organization or otherwise compel the release of such personal information;
or otherwise compel the release of such personal (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;
(b) Release, publicize or otherwise publicly disclose personal information in possession of the governmental [agency] 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 or nonfinancial support.
or (c) Request or require a current or prospective contractor or grantee working with the governmental [agency] entity to provide a list of nonprofit organizations to which the contractor or grantee has provided financial or nonfinancial support.
- 82nd Session (2023) – 6 – (b) Any information, report or disclosure required to be 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 or disclosed;port to a nonprofit organization must not be collected (c) Any report or disclosure required to be filed pursuant to chapter 294A of NRS;
Assembly Amendment No.
133 to Assembly Bill No.
258 Page 7 (b) Any information, report or disclosure required to be 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;
(c) Any report or disclosure required to be filed pursuant to chapter 294A of NRS;
(1) The relevant and probative value of the information requested outweighs its prejudicial effect;
(1) The [requester demonstrates a compelling need by clear and convincing evidence for] relevant and probative value of the information [;] requested outweighs its prejudicial effect ;
(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;
(g) Any personal information voluntarily released by a person to the governmental [agency] entity or any personal information voluntarily released by a nonprofit organization to the public;
(h) Any personal information resulting from a donation to a nonprofit organization that is affiliated with a governmental entity that was disclosed to the governmental entity pursuant to state law;
(h) Any personal information resulting from a donation to a nonprofit organization that is affiliated with a governmental [agency] entity that was disclosed to the governmental [agency] entity pursuant to state law if the person did not request anonymity from the nonprofit organization;
(i) Any personal information admitted as evidence before a court of competent jurisdiction, if the court finds there is good cau(j) Any requests for screenings submitted by a nonprofit organization pursuant to NRS 179A.325;
(i) Any personal information admitted as evidence before a court of competent jurisdiction, if the court finds there is good cause for the public release of such information;
(k) Any contract, resolution or agreement entered into by a nonprofit organization with a governmental entity, including for purposes of obtaining a governmental benefit 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 entered into pursuant to NRS 427A.085, 433.354, 433B.220 or 439.155;
(j) Any requests for screenings submitted by a nonprofit organization pursuant to NRS 179A.325;
(k) Any contract or agreement entered into by a nonprofit organization with a governmental [agency,] entity, including for purposes of obtaining a governmental benefit or grant, whereby the governmental [agency] entity is authorized to or any statute which expressly authorizes a governmental [agency] entity to inspect the records of the nonprofit organization, including, without limitation, a contract or agreement entered into pursuant to NRS 427A.085, 433.354, 433B.220 or 439.155;
- 82nd Session (2023) – 7 – organization of surplus line brokers with the Commissioner of Insurance pursuant to NRS 685A.075;
(m) Any information required to be filed by a nonprofit organization of surplus line brokers with the Commissioner of Insurance pursuant to NRS 685A.075;
(n) Any information submitted to a governmental entity by a national securities association that is registered pursuant to 15 U.S.C.
[and] (n) Any information submitted to a governmental [agency] 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;
§ 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;
Gaming Control Board pursuant to NRS 462.160 for the purposesa of the licensing or registration of a charitable lottery or charitable game, provided that any information collected is confidential as provided in NRS 463.120;
Assembly Amendment No.
(q) A request for information:
133 to Assembly Bill No.
(1) Required by the Attorney General for an audit, examination, review or investigation conducted pursuant to NRS 82.536, provided that:
258 Page 8 (p) 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 lottery or charitable game, provided that any information collected is confidential as provided in NRS 463.120;
(I) Such information shall only be used in connection with the specific audit, examination, review or investigation to which the request relates and for any related proceedings;
(q) Any information requested by the Attorney General for an audit, examination or investigation conducted pursuant to NRS 82.536, provided that:
and (II) Such information shall otherwise remain subject to the provisions of this section, unless expressly required by law to be publicly disclosed;
(1) Such information must only be used in connection with the audit, examination or investigation to which the request for information relates and for any proceedings or action resulting from such an audit, examination or investigation;
(2) Relating to the authority to exercise the power of 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 such information is otherwise subject to the requirements of this section, unless expressly required by law to be publicly disclosed;
and (2) Except as otherwise provided in this paragraph, such information is subject to the requirements of this section, unless expressly required by statute or a court to be publicly disclosed;
(3) Relating to a criminal investigation or prosecution by the Attorney General, where there is credible evidence that a crime has been or is being committed or for information relating to any - 82nd Session (2023) – 8 – Attorney General, provided that any personal informationthe obtained in such an investigation or prosecution shall 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;
(r) Any information requested under the authority to act and exercise the power of the Attorney General in the areas of consumer protection, including, without limitation, participating on behalf of the persons residing in this State pursuant to NRS 228.380 and any action to enforce the provisions of NRS 90.615, 597.120 to 597.260, inclusive, 597.8191 to 597.8198, inclusive, and chapters 598, 598A, 598C, 599B and 711 of NRS, provided that, except as otherwise provided in this paragraph, such information is subject to the requirements of this section, unless expressly required by statute or a court to be publicly disclosed;
or (4) Connected with a constituent complaint submitted to the Attorney General;
and (s) 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 purposes of collecting and reporting the remittance of dues to the labor organization from its members, in accordance with a valid authorization to withhold dues.
and (r) 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 purposes of collecting and reporting the remittance of dues to the labor organization from its members, in accordance with a valid authorization to withhold dues.
Any person who alleges that a governmental entity or an officer or employee of a governmental entity has violated the provisions of subsection 1 or 2 may bring a civil action in a court entitled to receive any or all of the following relief:person is (a) Injunctive relief as the court deems appropriate;
Any person who [believes] alleges that a governmental [agency] entity or an officer or employee of a governmental [agency] entity has violated the provisions of subsection 1 or 2 may bring a civil action in a court of competent jurisdiction.
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;
and (d) If the court determines that a governmental entity or officer or employee of a governmental entity intentionally violated the provisions of this section, damages of not less than $7,500.
and (d) If the court determines that a governmental [agency] entity or officer or employee of a governmental [agency] entity intentionally violated the provisions of this section, damages of not less than $7,500.
For the purposes of this section, personal information that identifies a person as a donor, member or volunteer of a nonprofit organization:
Any officer or employee of a governmental [agency] entity who knowingly and willfully violates the provisions of subsection 1 or 2 is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 90 days, or by a fine of not more than $1,000, or by both fine and imprisonment.
(a) 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 volunteer of any nonprofit organization;
andal support, member or (b) Does not include information that identifies a person as a staff member, employee or contractor of a nonprofit organization.
For the purposes of this section, personal information that identifies a person as a donor, member or volunteer of a nonprofit organization:
(a) 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 or nonfinancial support, member or volunteer of any nonprofit organization;
and (b) Does not include information that identifies a person as a staff member, employee or contractor of a nonprofit organization.
Assembly Amendment No.
133 to Assembly Bill No.
258 Page 9 7.
(a) “Governmental entity” has the meaning ascribed to it in NRS 239.005.
(a) “Governmental [agency” means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.] entity” has the meaning ascribed to it in NRS 239.005.
- 82nd Session (2023) – 9 – to section 501(c) of the Internal Revenue Code;
(1) An organization which qualifies as tax exempt pursuant to section 501(c) of the Internal Revenue Code;
andempt pursuant (2) Any entity that has submitted an application with the Internal Revenue Service for recognition as a tax exempt entity pursuant to section 501(c) of the Internal Revenue Code.
and (2) Any entity that has submitted an application with the Internal Revenue Service for recognition as a tax exempt entity pursuant to section 501(c) of the Internal Revenue Code .
Sec.
[;
and (3) Any other organization recognized as a nonprofit organization pursuant to state law.] Sec.
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 departure, the Attorney General may institute, in the name of the State, the proceeding necessary to correct the noncompliance or departure.
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 proceeding necessary to correct the noncompliance or departure.
(a) Shall only be used in connection with an audit, examination, review or investigation by the Attorney General and for any proceedings or action resulting from such an audit, examination or investigation;
(a) Must only be used in connection with an audit, examination or investigation by the Attorney General and for any proceedings or action resulting from such an audit, examination or investigation;
and (b) Except as otherwise provided in this subsection and section unless expressly required by law to be publicly disclosed.
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 statute or a court to be publicly disclosed.
of this act, Sec.
5.
1.
There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Office of the Attorney General to fund one Deputy Attorney General position and one Compliance Investigator position the following sums:
For the Fiscal Year 2023-2024..................................$202,583 For the Fiscal Year 2024-2025..................................$249,577 - 82nd Session (2023) – 10 – 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec.
6.
1.
This section and section 5 of this act become effective on July 1, 2023.
2.
Sections 1 to 4, inclusive, of this act become effective on October 1, 2023.
~~~~~ 23 - 82nd Session (2023)