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S.B. 296
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*SB296*
SENATE BILL NO. 296–SENATOR OHRENSCHALL
MARCH 6, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises
provisions
relating
to
governmental
administration. (BDR 19-944)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; prohibiting
governmental
entities
from
entering
into
certain
nondisclosure or confidentiality agreements; declaring
certain records relating to a predecisional or deliberative
process of the governmental entity concerning a rule,
ordinance or regulation are public records; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, unless otherwise declared by law to be confidential,
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all public books and records of a state or local governmental entity are required to
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be open at all times during office hours for the public to inspect, copy or receive a
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copy thereof. (NRS 239.010) Section 1 of this bill prohibits a governmental entity
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from entering into a nondisclosure or confidentiality agreement unless the
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information required to be kept confidential is otherwise made confidential
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pursuant to state or federal law.
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Section 2 of this bill declares that a record that pertains to a predecisional or
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deliberative process between a governmental entity and a private person or entity
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concerning a rule, ordinance or regulation which the governmental entity is
10
considering adopting is a public record.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 237 of NRS is hereby amended by adding
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thereto a new section to read as follows:
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1. A governmental entity shall not enter into a nondisclosure
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or confidentiality agreement unless the information that will be
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*SB296*
kept confidential by the agreement is otherwise made confidential
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pursuant to state or federal law.
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2. As used in this section, “governmental entity” has the
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meaning ascribed to it in NRS 239.005.
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Sec. 2. Chapter 239 of NRS is hereby amended by adding
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thereto a new section to read as follows:
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1. Notwithstanding any other provision of law, a record that
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pertains to a predecisional or deliberative process between a
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governmental entity and a private person or entity who is not
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employed by or actively under contract with the governmental
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entity concerning a rule, ordinance or regulation which the
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governmental entity is considering adopting is a public record.
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2. Nothing in this section shall be construed to deem a
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predecisional or deliberative record of a governmental entity a
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public record when the record was shared solely between
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governmental entities or within a governmental entity.
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Sec. 3. The amendatory provisions of this act do not apply to
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any contract entered into before October 1, 2025.
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