1. Except as otherwise provided by law, the Administrator:

(a) Except as otherwise provided in paragraph (b), shall lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings. A state officer, department, agency, board or commission to which this paragraph applies may only lease and equip office rooms outside of state buildings pursuant to this paragraph.

(b) May lease and equip office rooms outside of state buildings for the use of state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005, upon the request of such a board.

2. The Administrator shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.

3. Notwithstanding any other provision of law, before the Administrator enters into any lease for office rooms for any state officer, department, agency, board or commission pursuant to subsection 1, the Administrator shall consider, without limitation:

(a) The reasonableness of the terms of the agreement, including, without limitation, the cost;

(b) The availability of space for use by the state officer, department, agency, board or commission, as applicable, in buildings that are owned by or leased to the State; and

(c) Any regulations adopted pursuant to or in accordance with NRS 341.085 or 341.110.

4. Each state officer, department, agency, board and commission shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands of the State Department of Conservation and Natural Resources, Department of Transportation and State Public Works Division of the Department of Administration shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property owned by the State. Each inventory must identify:

(a) Real property that is being actively used by a state officer, department, agency, board or commission.

(b) Real property that is not being actively used by a state officer, department, agency, board or commission.

(c) Real property that is not being used by a state officer, department, agency, board or commission but which is reasonably anticipated to be actively used by a state officer, department, agency, board or commission in the future.

(d) Real property that is being actively used as a park or wildlife area.

5. Except as otherwise provided in subsection 7, the Administrator shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:

(a) The location, size and current use of the real property, including, without limitation, whether the real property is actively used; and

(b) The terms of the lease, including, without limitation, the cost to the State.

6. Before submitting the inventory to the Administrator pursuant to subsection 4, a state officer, department, agency, board, commission, the Division of State Lands of the State Department of Conservation and Natural Resources, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the Director of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.

7. If the Director deems information regarding property to be confidential pursuant to subsection 6, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The Director must inform the Administrator that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection 5.

8. An owner of a building who enters into a contract with a state agency for occupancy in the building:

(a) If the contract is entered into before May 28, 2009, may comply with the program; and

(b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.

If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.

9. As used in this section, “program” means the program established pursuant to NRS 701.218.

[8:320:1949; 1943 NCL § 6976.28] — (NRS A 1971, 172; 1993, 1561; 2001, 809; 2005, 5; 2011, 2552, 2957; 2013, 2691; 2015, 461; 2017, 132)