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--- version:As Introduced+++ version:(document, no version)@@ -1,441 +1,93 @@- A.B. 197+Committee Action:+ Do Pass __________+ Amend & Do Pass __________+ Other __________-- *AB197*+Assembly Committee on Judiciary+This measure may be considered for action during today’s work session.+ASSEMBLY BILL 197+Enacts provisions strengthening certain protections for certain activities under+the First Amendment. (BDR 19-136)+Sponsored By: Assemblymember Backus+Date Heard: February 21, 2025+Fiscal Notes: Effect on Local Government: May have Fiscal Impact.+ Effect on the State: Yes.+Assembly Bill 197 enacts provisions to strengthen protections concerning the confidentiality+of personal information related to nonprofit organizations. The bill requires governmental+entities to maintain the confidentiality of personal information identifying individuals as+donors, members, or volunteers of nonprofit organizations. The bill also prohibits+governmental entities from requiring the disclosure or publicly releasing such information,+or from requesting lists of nonprofit organizations supported by contractors or grantees.+The bill sets forth various exceptions where the confidentiality requirements do not apply.+Any person harmed by a governmental entity's violation of these confidentiality provisions+may bring a civil action for injunctive relief, costs, and certain damages—with potential+treble damages if the court determines reckless or willful violations.+Furthermore, the bill prohibits the Secretary of State from collecting or disclosing+information directly identifying donors of financial support to nonprofit organizations.+Finally, the bill provides that information collected by the Attorney General, during audits or+investigations of public benefit corporations or charitable trusts, may only be used in+connection with those proceedings and remains subject to confidentiality requirements,+unless expressly required by law to be publicly disclosed.+Amendments:+Assemblymember Backus proposes the following amendments (attached):+1. Amend subsection 2(c) of Section 2 to replace the term “nonfinancial support” with+the term “in-kind services or goods.”+2. Amend subsection 3(b) of Section 2 to add that the confidentiality and nondisclosure+provisions regarding donors, members, and volunteers of nonprofit organizations do+not apply to information required to be disclosed by State statute, ordinance, or+regulation, for a person or organization to qualify for, operate, or engage in certain+business activities.+3. Amend subparagraph 3 of subsection 3(o) of Section 2 to expand the exception to+include investigations or prosecutions by district attorneys and city attorneys.+4. Amend subsection 4 of Section 2 to clarify the standard of proof applicable to a civil+action brought by a person who alleges that the person has been harmed by a+violation of Section 2.+5. Amend subsection 4(c) of Section 2 to include the phrase “committed against the+person” in each subparagraph.+2-ASSEMBLY BILL NO. 197–ASSEMBLYMEMBER BACKUS--PREFILED FEBRUARY 3, 2025-____________--Referred to Committee on Government Affairs--SUMMARY—Enacts provisions strengthening certain protections-for certain activities under the First Amendment.-(BDR 19-136)--FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.- Effect on the State: Yes.--~--EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.--AN ACT relating to governmental administration; requiring, with-certain exceptions, a governmental 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; and providing-other matters properly relating thereto.-Legislative Counsel’s Digest:- Existing law authorizes certain governmental agencies to collect certain 1-personal information. (Chapter 239B of NRS) Existing law also prohibits, with 2-certain exceptions, a governmental agency from requiring a person to include 3-certain personal information on any document submitted to the governmental 4-agency after a certain date. (NRS 239B.030) Section 2 of this bill requires, with 5-certain exceptions, a governmental entity to keep confidential any personal 6-information in the records of the governmental entity that identifies a person as a 7-donor, member or volunteer of a nonprofit organization. Section 2 also prohibits, 8-with certain exceptions, a governmental entity from: (1) requiring that any person 9-or nonprofit organization provide the governmental entity with personal 10-information that identifies a person as a donor, member or volunteer of a nonprofit 11-organization; (2) releasing, publicizing or otherwise publicly disclosing personal 12-information that identifies a person as a donor, member or volunteer of a nonprofit 13-organization; or (3) re questing or requiring a current or prospective contractor or 14-grantee to provide a list of nonprofit organizations to which the contractor or 15-grantee has provided support. Section 2 provides that the personal information that 16-identifies a person as a donor, member or volunteer of a nonprofit organization 17-includes any list, record, register, roster or other data of any kind that includes a 18-- – 2 –--- *AB197*-donation, name, address or telephone number that directly or indirectly identifies a 19-person as a donor of financial or nonfinancial support, member or volunteer of any 20-nonprofit organization. 21- Section 2 provides that a person who alleges that the person has been harmed 22-by a governmental entity or an officer or employee of a governmental entity that 23-has violated these provisions may bring a civil action to obtain certain relief. 24- Section 1 of this bill provides that such personal information is not a public 25-record. 26- Section 3 of this bill prohibits the Secretary of State, when carrying out certain 27-requirements of existing law, from collecting or disclosing any information that 28-directly identifies a person as a donor of financial support to a nonprofit 29-organization. 30- Section 4 of this bill provides that any information collected by the Attorney 31-General in an audit, examination, review or investigation of a corporation for public 32-benefit or a corporation holding assets in charitable trust may only be used in 33-connection with the audit, examination, review or investigation and is otherwise 34-subject to the requirements of section 2. 35--THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. NRS 239.010 is hereby amended to read as follows: 1- 239.010 1. Except as otherwise provided in this section and 2-NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 3-49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 4-62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 5-80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.54 13, 6-87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 7-88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 8-116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 9-119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 10-120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 11-127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 12-130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 13-176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 14-176A.630, 178. 39801, 178.4715, 178.5691, 178.5717, 179.495, 15-179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 16-200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 17-209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 18-213.095, 213.131, 217.105, 2 17.110, 217.464, 217.475, 218A.350, 19-218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 20-224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 21-231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 22-239.0105, 239.0113, 239.014, 239B.026, 2 39B.030, 239B.040, 23-239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 24-239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 25-244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 26-- – 3 –--- *AB197*-250.140, 250.145, 250.150, 268.095, 268.0978, 268. 490, 268.910, 1-269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 2-281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 3-286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 4-293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 5-293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 6-332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 7-338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 8-353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 9-360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 10-366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 11-379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 12-387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 13-388A.247, 3 88A.249, 391.033, 391.035, 391.0365, 391.120, 14-391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 15-392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 16-394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 17-396.159, 396.329 5, 396.405, 396.525, 396.535, 396.9685, 18-398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 19-414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 20-425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 21-432B.175, 432B.280, 432B.290, 432B.4018, 4 32B.407, 432B.430, 22-432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 23-439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 24-439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 25-441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 26-442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 27-449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 28-453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 29-459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 30-463.790, 467.1005, 4 80.535, 480.545, 480.935, 480.940, 481.063, 31-481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 32-483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 33-484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 34-571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 35-598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 36-604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 37-616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 38-624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 39-628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 40-630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 41-630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 42-632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 43-633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 44-634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 45-- – 4 –--- *AB197*-637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 1-639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 2-640B.405, 640B.73 0, 640C.580, 640C.600, 640C.620, 640C.745, 3-640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 4-641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 5-641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 6-642.524, 643.189, 644A.870, 645.180 , 645.625, 645A.050, 7-645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 8-645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 9-648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 10-654.110, 656.105, 657A.510, 661.115, 665.130, 665.13 3, 669.275, 11-669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 12-675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 13-678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 14-679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 15-681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 16-687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 17-688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 18-692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 19-696C.120, 703 .196, 704B.325, 706.1725, 706A.230, 710.159, 20-711.600, and section 2 of this act, sections 35, 38 and 41 of chapter 21-478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 22-of Nevada 2013 and unless otherwise declared by law to be 23-confidential, all public books and public records of a governmental 24-entity must be open at all times during office hours to inspection by 25-any person, and may be fully copie d or an abstract or memorandum 26-may be prepared from those public books and public records. Any 27-such copies, abstracts or memoranda may be used to supply the 28-general public with copies, abstracts or memoranda of the records or 29-may be used in any other way t o the advantage of the governmental 30-entity or of the general public. This section does not supersede or in 31-any manner affect the federal laws governing copyrights or enlarge, 32-diminish or affect in any other manner the rights of a person in any 33-written book or record which is copyrighted pursuant to federal law. 34- 2. A governmental entity may not reject a book or record 35-which is copyrighted solely because it is copyrighted. 36- 3. A governmental entity that has legal custody or control of a 37-public book or reco rd shall not deny a request made pursuant to 38-subsection 1 to inspect or copy or receive a copy of a public book or 39-record on the basis that the requested public book or record contains 40-information that is confidential if the governmental entity can 41-redact, delete, conceal or separate, including, without limitation, 42-electronically, the confidential information from the information 43-included in the public book or record that is not otherwise 44-confidential. 45-- – 5 –--- *AB197*- 4. If requested, a governmental entity shall provide a copy of a 1-public record in an electronic format by means of an electronic 2-medium. Nothing in this subsection requires a governmental entity 3-to provide a copy of a public record in an electronic format or by 4-means of an electronic medium if: 5- (a) The public record: 6- (1) Was not created or prepared in an electronic format; and 7- (2) Is not available in an electronic format; or 8- (b) Providing the public record in an electronic format or by 9-means of an electronic medium would: 10- (1) Give access to proprietary software; or 11- (2) Require the production of information that is confidential 12-and that cannot be redacted, deleted, concealed or separated from 13-information that is not otherwise confidential. 14- 5. An officer, employee or agent of a governmental entity wh o 15-has legal custody or control of a public record: 16- (a) Shall not refuse to provide a copy of that public record in the 17-medium that is requested because the officer, employee or agent has 18-already prepared or would prefer to provide the copy in a different 19-medium. 20- (b) Except as otherwise provided in NRS 239.030, shall, upon 21-request, prepare the copy of the public record and shall not require 22-the person who has requested the copy to prepare the copy himself 23-or herself. 24- Sec. 2. Chapter 239B of NRS is hereby amended by adding 25-thereto a new section to read as follows: 26- 1. Except as otherwise provided in subsection 3, a 27-governmental entity shall maintain in a confidential manner any 28-personal information that identifies a person a s a donor, member 29-or volunteer of a nonprofit organization. 30- 2. Except as otherwise provided in subsection 3, a 31-governmental entity shall not: 32- (a) Require any person or nonprofit organization to provide 33-the governmental entity with personal information that identifies a 34-person as a donor, member or volunteer of a nonprofit 35-organization or otherwise compel the release of such personal 36-information; 37- (b) Release, publicize or otherwise publicly disclose personal 38-information in possession of the governmental entity that 39-identifies a person as a donor, member or volunteer of a nonprofit 40-organization; or 41- (c) Request or require a current or prospective contractor or 42-grantee working with the governmental entity to provide a list of 43-nonprofit organizations to whi ch the contractor or grantee has 44-provided financial or nonfinancial support. 45-- – 6 –--- *AB197*- 3. The provisions of subsections 1 and 2 do not apply to 1-personal information that identifies a person as a donor, member 2-or volunteer of a nonprofit organization that is reque sted, 3-obtained, released or disclosed as a result of any of the following: 4- (a) Any personal information required to be disclosed by 5-statute or regulation for the purpose of complying with federal 6-law; 7- (b) Any information, report or disclosure required to be filed 8-with the Secretary of State pursuant to title 7 of NRS provided 9-that, except as otherwise provided in this subsection, any 10-information that directly identifies a person as a donor of 11-financial support to a nonprofit organization must not be collected 12-or disclosed; 13- (c) Any report or disclosure required to be filed pursuant to 14-chapter 294A of NRS; 15- (d) Any confidential information shared pursuant to 16-NRS 232.357; 17- (e) Any lawful warrant for personal information issued by a 18-court of competent jurisdiction; 19- (f) Any lawful request for personal information in connection 20-with discovery proceedings if: 21- (1) The relevant and probative value of the information 22-requested outweighs its prejudicial effect; and 23- (2) The requester obtains a protective order f rom the court 24-barring the disclosure of such information to any person not 25-named in the proceedings; 26- (g) Any personal information voluntarily released by a person 27-to the governmental entity or any personal information voluntarily 28-released by a nonprofit organization to the public; 29- (h) Any personal information admitted as evidence before a 30-court of competent jurisdiction, if the court finds there is good 31-cause for the public release of such information; 32- (i) Any contract, resolution or agreement entered into by a 33-nonprofit organization with a governmental entity, including for 34-purposes of obtaining a governmental benefit or grant, whereby 35-the governmental entity is authorized to or any statute which 36-expressly authorizes a governmental entity to inspect th e records 37-of the nonprofit organization, including, without limitation, a 38-contract, resolution or agreement entered into pursuant to NRS 39-427A.085, 433.354, 433B.220 or 439.155 or a request for a 40-screening submitted pursuant to NRS 179A.325; 41- (j) Any report required to be filed by a nonprofit organization 42-and posted by the Department of Health and Human Services on 43-the Internet website maintained by the Department pursuant to 44-NRS 439B.665 and 439B.670; 45-- – 7 –--- *AB197*- (k) Any information required to be filed by a nonprofi t 1-organization of surplus line brokers with the Commissioner of 2-Insurance pursuant to NRS 685A.075; 3- (l) Any information submitted to a governmental entity by a 4-national securities association that is registered pursuant to 15 5-U.S.C. § 78o -3 or any regulat ion adopted pursuant thereto, 6-including, without limitation, any information submitted to the 7-Secretary of State pursuant to chapters 90 and 91 of NRS and any 8-regulations adopted pursuant thereto for the purposes of licensing, 9-registration, examination, investigation or enforcement; 10- (m) Any requirement to disclose the relationship between a 11-public officer or employee and a nonprofit organization pursuant 12-to NRS 281A.420, as a response to a lawful request or subpoena in 13-an investigation or as part of or in response to a request for an 14-advisory opinion submitted pursuant to NRS 281A.670 to 15-281A.690, inclusive, or an ethics complaint filed or initiated 16-pursuant to NRS 281A.700 to 281A.790, inclusive; 17- (n) Any information submitted to or requested by the Nevada 18-Gaming Control Board pursuant to NRS 462.160 for the purposes 19-of the licensing or registration of a charitable lottery or charitable 20-game, provided that any information collected is confidential as 21-provided in NRS 463.120; 22- (o) A request for information: 23- (1) Required by the Attorney General for an audit, 24-examination, review or investigation conducted pursuant to NRS 25-82.536, provided that: 26- (I) Such information must only be used in connection 27-with the specific audit, examination, review or investigatio n to 28-which the request is related and for any related proceedings; and 29- (II) Such information otherwise remains subject to the 30-provisions of this section, unless expressly required by law to be 31-publicly disclosed; 32- (2) Relating to the authority to exer cise the power of the 33-Secretary of State or the power of the Attorney General in the 34-areas of consumer protection pursuant to NRS 228.380, including, 35-without limitation, the provisions of NRS 90.615, 597.262, 36-597.8198, 598C.180, 599B.015, and 599B.213 to 5 99B.245, 37-inclusive, and chapters 598, 598A and 711 of NRS, provided that 38-such information is otherwise subject to the requirements of this 39-section, unless expressly required by law to be publicly disclosed; 40- (3) Relating to a criminal investigation or pr osecution by 41-the Attorney General, where there is credible evidence that a crime 42-has been or is being committed or for information relating to any 43-authorized civil investigation or inquiry undertaken by the 44-Attorney General, provided that any personal info rmation 45-- – 8 –--- *AB197*-obtained in such an investigation or prosecution must remain 1-confidential unless its disclosure is expressly required by law to be 2-publicly disclosed or is necessary to publicize in a court pleading 3-or submission of evidence to a court; or 4- (4) Connected with a constituent complaint submitted to the 5-Attorney General; and 6- (p) The names of members of a labor organization and the 7-amount of dues collected by a governmental entity that are 8-provided to the labor organization for the purposes of collecti ng 9-and reporting the remittance of dues to the labor organization 10-from its members, in accordance with a valid authorization to 11-withhold dues. 12- 4. Any person who alleges that the person has been harmed 13-by a governmental entity or an officer or employee o f a 14-governmental entity that has violated the provisions of subsection 15-1 or 2 may bring a civil action in a court of competent jurisdiction. 16-If the person prevails, the person is entitled to receive any or all of 17-the following relief: 18- (a) Injunctive relief as the court deems appropriate; 19- (b) Costs incurred in bringing the action, including, without 20-limitation, reasonable attorney’s fees; 21- (c) Except as otherwise provided in paragraph (d), the greater 22-of actual damages or statutory damages equal to: 23- (1) For a first offense, $1,000; 24- (2) For a second offense, $5,000; and 25- (3) For a third or any subsequent offense, $10,000. 26- (d) If the court determines that a governmental entity or 27-officer or employee of a governmental entity acted recklessly or 28-willfully to violate the provisions of this section, the court may 29-award treble the amount of the damages assessed pursuant to 30-paragraph (c). 31- 5. For the purposes of this section, “personal information 32-that identifies a person as a donor, member or volunteer of a 33-nonprofit organization”: 34- (a) Includes, without limitation, any list, record, register, 35-roster or other data of any kind that includes a donation, name, 36-address or telephone number that directly or indirectly identifies a 37-person as a donor of financial or nonfinancial support, member or 38-volunteer of any nonprofit organization; and 39- (b) Does not include information that identifies a person as a 40-staff member, employee or contractor of a nonprofit organization. 41- 6. As used in this section: 42- (a) “Governmental entity” has the meaning ascribed to it in 43-NRS 239.005. 44-- – 9 –--- *AB197*- (b) “Labor organization” has the meaning ascribed to it in 1-NRS 288.048. 2- (c) “Nonprofit organization” means: 3- (1) An organization which qualifies as tax exempt pursuant 4-to section 501(c) of the Internal Revenue Code, 26 U.S.C. § 5-501(c); and 6- (2) Any entity that has submitted an application with the 7-Internal Revenue Service for recognition as a tax exempt entity 8-pursuant to section 501(c) of the Internal Revenue Code, 26 9-U.S.C. § 501(c). 10- Sec. 3. Chapter 75 of NRS is hereby amended by adding 11-thereto a new section to read as follows: 12- Pursuant to section 2 of this act, in carrying out the 13-requirements of this title, the Secretary of State shall not collect or 14-disclose any information that directly identifies a person as a 15-donor of financial support to a nonprofit organization. 16- Sec. 4. NRS 82.536 is hereby amended to read as follows: 17- 82.536 1. A corporation for public benefit and a corporation 18-holding assets in charitable trust is subject at all times to 19-examination by the Attorney General, on behalf o f the State, to 20-ascertain the condition of its affairs and to what extent, if at all, it 21-fails to comply with trusts it has assumed or has departed from the 22-purposes for which it is formed. In case of any such a failure or 23-departure, the Attorney General m ay institute, in the name of the 24-State, the proceeding necessary to correct the noncompliance or 25-departure. 26- 2. The Attorney General, or any person given the status of 27-relator by the Attorney General, may bring an action to enjoin, 28-correct, obtain damages for or otherwise to remedy a breach of a 29-charitable trust or departure from the purposes for which it is 30-formed. 31- 3. Any information collected by the Attorney General 32-pursuant to this section: 33- (a) Must only be used in connection with an audit, 34-examination, review or investigation by the Attorney General and 35-for any proceedings or action resulting from such an audit, 36-examination, review or investigation; and 37- (b) Except as otherwise provided in this subsection and section 38-2 of this act, is subject to the requirements of section 2 of this act, 39-unless expressly required by law to be publicly disclosed. 40- Sec. 5. This act becomes effective on July 1, 2027. 41--H+6. Amend subsection 5(a) of Section 2 to revise the definition of “personal information+that identifies a person as a donor, member, or volunteer of a nonprofit+organization” to provide that the term includes certain information that identifies a+person as a financial donor or donor of in-kind services or goods.+7. Amend subparagraph 2 of subsection 6(c) of Section 2 to expand the definition of+“nonprofit organization” to include entities that have a pending application for+tax-exempt status, as long as the governmental entity is aware of the application.+8. Add Assemblymember Hafen as cosponsor to the bill.+Full Conceptual Amendment to AB197+Section 2(2)(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 in-kind services or goods,+Section 2(3)(b). “Any information, report or disclosure which is: (i) 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; or (ii) required to be disclosed by statute, ordinance, or regulation in order for the person or+nonprofit organization to qualify for, to operate, or to engage in business activity in the state, a county, or a+city.”+Section 2(3)(o)(3). “Relating to a criminal investigation or prosecution by the Attorney General, the district+attorney of a county , or the city attorney of an incorporated city, where there is credible evidence that a crime+has been or is being committed or for information relating to any authorized civil investigation or inquiry undertaken by+the Attorney General, district attorney, or city attorney, provided that any personal information obtained in such an+investigation or prosecution must remain confidential unless its disclosure is expressly required by law to be publicly+disclosed or is necessary to publicize in a court pleading or submission of evidence to a court…”+Section 2(4). “Any person who alleges that the person has been harmed by a governmental entity or an officer or+employee of a governmental entity that has violated acting in violation of the provisions of subsection 1 or 2 may+bring a civil action in a court of competent jurisdiction. If the person proves in court that a governmental entity or+an officer or employee of a governmental entity caused them harm through actions that the actor knew or+should have known violated section 1 or 2, the person is entitled to receive any or all of the following relief:+Section 2(4)(c). “Except as otherwise provided in paragraph (d), the greater of actual damages or statutory damages+equal to: (1) For a first offense committed against the person, $1,000; (2) For a second offense committed+against the person, $5,000; and (3) For a third or any subsequent offense committed against the person,+$10,000.”+Section 2(5). “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 financial donor or financial or nonfinancial support donor of in-kind services or goods,+member or volunteer of any nonprofit organization…”+Section 2(6). “ ‘Nonprofit organization’ means: (1) An organization which qualifies as tax exempt pursuant to+section 501(c) of the Internal Revenue Code, 26 U.S.C. § 501(c); and (2) Any entity that has submitted an+application with the Internal Revenue Service for recognition as a tax exempt entity pursuant to section 501(c)+of the Internal Revenue Code, 26 U.S.C. § 501(c) as long as the governmental entity has or receives actual+notice of the pending application for tax exempt status.”+Add Assemblymember Greg Hafen+Submitted by Assemblymember Backus
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