AB 197 — Summary (Chapter 115, 2025)
Status: Approved by the Governor (Chapter 115).
Introduced: Jan. 8, 2025. Enrolled and delivered to Governor May 27, 2025; approved May 29, 2025.
Purpose / Intent
AB 197 strengthens statutory protections for privacy of individuals’ affiliations with nonprofit organizations by limiting government collection, request, and public disclosure of personal information that identifies someone as a donor, member, or volunteer. The bill is framed as protecting First Amendment associational rights.
Key provisions
- Amends Nevada’s public-records framework (NRS 239.010) to treat as confidential certain personal information in governmental records that identifies a person as a donor, member, or volunteer of a nonprofit organization.
- Prohibits, with specified exceptions, governmental entities from:
- Requiring any person or nonprofit to provide personal information that identifies donors, members, or volunteers;
- Releasing, publicizing, or otherwise publicly disclosing such personal information;
- Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the contractor/grantee has provided financial support or in‑kind services or goods.
- Defines “personal information that identifies a person as a donor, member or volunteer” to include lists, records, rosters or other data containing donations, names, addresses, telephone numbers or other data that directly or indirectly identifies a person as a financial donor or donor of in‑kind services/goods, member, or volunteer.
- Prohibits the Secretary of State (in carrying out certain duties) from collecting or disclosing information that directly identifies a person as a donor of financial support to a nonprofit.
- Limits use and disclosure of information obtained by the Attorney General during audits/examinations/investigations of public benefit corporations or charitable trusts — such information may be used only in connection with those proceedings and otherwise remains subject to the confidentiality requirements.
Exceptions
The bill preserves enumerated exceptions, including (among others):
- Disclosures that are already required by statute, ordinance, or regulation for a person/organization to qualify for, operate, or engage in certain business activities;
- Lawful criminal or civil investigations or prosecutions by the Attorney General, district attorneys, or city attorneys where there is credible evidence of a crime (with confidentiality maintained unless law requires public disclosure or disclosure is necessary in court filings/evidence);
- Other statutory exceptions already listed in NRS 239.010.
Enforcement / Remedies
- Any person who alleges harm from a governmental entity’s violation may bring a civil action in court.
- To prevail, the claimant must prove the governmental entity, officer, or employee caused harm by actions they knew or should have known were a violation of the confidentiality requirements.
- Remedies include injunctive relief, recovery of costs, and damages as permitted under the statute (the enrolled bill provides for civil enforcement; draft materials discussed enhanced damages in certain circumstances).
Who is affected
- Nonprofit organizations (including 501(c) entities and certain pending applicants where the government has notice) and their donors, members, and volunteers.
- State and local governmental entities and officials who maintain or process public records.
- Contractors and grantees that interact with governmental entities (limited in what lists they may be asked to provide).
- Secretary of State and Attorney General offices (operational and recordkeeping impacts).
Fiscal impact
The legislative documents note the bill “may have fiscal impact” on state and local governments; committees flagged potential costs arising from recordkeeping, confidential storage, litigation, or changes in disclosure practices.
Legislative history (selected)
- Read first time Jan. 8, 2025; passed Assembly March 20, 2025 (Ayes 53 Noes 17).
- Amended and passed by Senate April 22, 2025 (Yeas 41, Nays 1).
- Enrolled May 27, 2025; approved by Governor May 29, 2025 (Chapter 115).
Stakeholder positions
- Supporters (e.g., ACLU-NV, Americans for Prosperity, community organizations) emphasize First Amendment protections, privacy, and protection from harassment or retaliation.
- Opponents (e.g., Nevada Press Association, Open Government Coalition) express concern the measure could unduly limit transparency and public oversight of government–nonprofit interactions.
For details on the final statutory language and the exact scope of exceptions and remedies, consult the enrolled bill (Chapter 115, 2025) and the amended NRS 239.010 text.
