1. 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.
2. Except as otherwise provided in subsection 3, a governmental 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 organization or otherwise compel the release of such personal information;
(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; 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 support or in-kind services or goods.
3. The provisions of subsections 1 and 2 do not apply to personal information that identifies a person as a donor, member or volunteer of a nonprofit organization that is requested, obtained, released or disclosed as a result of any of the following:
(a) Any personal information required to be disclosed by statute or regulation for the purpose of complying with federal law;
(b) Any information, report or disclosure required to be:
(1) 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
(2) Disclosed pursuant to any statute, regulation or ordinance for a person or nonprofit organization to qualify for, operate or engage in a business activity in this State or in a city or county in this State;
(c) Any report or disclosure required to be filed pursuant to chapter 294A of NRS;
(d) Any confidential information shared pursuant to NRS 232.357;
(e) Any lawful warrant for personal information issued by a court of competent jurisdiction;
(f) Any lawful request for personal information in connection with discovery proceedings if:
(1) The relevant and probative value of the information requested outweighs its prejudicial effect; and
(2) The requester obtains a protective order from the court barring the disclosure of such information to any person not named in the proceedings;
(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;
(h) 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;
(i) 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 or a request for a screening submitted pursuant to NRS 179A.325;
(j) Any report required to be filed by a nonprofit organization and posted by the Department of Human Services on the Internet website maintained by the Department pursuant to NRS 439B.665 and 439B.670;
(k) Any information required to be filed by a nonprofit organization of surplus line brokers with the Commissioner of Insurance pursuant to NRS 685A.075;
(l) Any information submitted to a governmental 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;
(m) Any requirement to disclose the relationship between a public officer or employee and a nonprofit organization pursuant to NRS 281A.420, as a response to a lawful request or subpoena in an investigation or as part of or in response to a request for an advisory opinion submitted pursuant to NRS 281A.670 to 281A.690, inclusive, or an ethics complaint filed or initiated pursuant to NRS 281A.700 to 281A.790, inclusive;
(n) 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;
(o) A request for information:
(1) Required by the Attorney General for an audit, examination, review or investigation conducted pursuant to NRS 82.536, provided that:
(I) Such information must only be used in connection with the specific audit, examination, review or investigation to which the request is related and for any related proceedings; and
(II) Such information otherwise remains subject to the provisions of this section, unless expressly required by law to be publicly disclosed;
(2) Relating to the authority to exercise the power of the Secretary of State or the power of the Attorney General in 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;
(3) Relating to a criminal investigation or prosecution by the Attorney General, a district attorney on behalf of a county or a city attorney on behalf of a 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, as applicable, 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; or
(4) Connected with a constituent complaint submitted to the Attorney General; and
(p) 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.
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 the provisions of subsection 1 or 2 may bring a civil action in a court of competent jurisdiction. To prevail, the person must prove to the court that the governmental entity or officer or employee of the governmental entity caused harm to the person by violating the provisions of subsection 1 or 2 where the governmental entity or officer or employee thereof knew or should have known such actions violated the provisions of subsection 1 or 2. 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;
(b) Costs incurred in bringing the action, including, without limitation, reasonable attorney’s fees;
(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.
(d) If the court determines that a governmental entity or officer or employee of a governmental entity acted recklessly or willfully to violate the provisions of this section, the court may award treble the amount of the damages assessed pursuant to paragraph (c).
5. For the purposes of this section:
(a) “Personal information that identifies a person as a donor, member or volunteer of a nonprofit organization”:
(1) 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 support or in-kind services or goods, a member or a volunteer of any nonprofit organization; and
(2) Does not include information that identifies a person as a staff member, employee or contractor of a nonprofit organization.
(b) An 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), meets the definition of “nonprofit organization” set forth in subsection 6 only if the governmental entity receives actual notice from the entity of the pending application.
6. As used in this section:
(a) “Governmental entity” has the meaning ascribed to it in NRS 239.005.
(b) “Labor organization” has the meaning ascribed to it in NRS 288.048.
(c) “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).