NevadaAB41683rd Regular Session (2025)House

AN ACT relating to education; prohibiting the board of trustees of a school district, the governing body of a charter school, a school employee or a volunteer and certain persons affiliated with a public library from limiting access to library materials under certain circumstances; authorizing the Board of Regents of the University of Nevada to adopt a policy containing such a prohibition; prohibiting certain actions against certain persons which are intended to limit access to library materials; providing penalties; and providing other matters properly relating thereto.

Sponsored By: Brittney M. Miller (Democratic), Natha C. Anderson (Democratic), Selena La Rue Hatch (Democratic), Venicia Considine (Democratic)

Vetoed

BDR 34-925

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Stronger access rights for library patrons

Public library boards, employees, and municipalities cannot block access by removing, hiding, defacing, or labeling materials objectionable. Patrons can still check out materials under normal library lending rules. Libraries can use reasonable rules about when, where, and how materials are used and protect their safety and security. Collection maintenance policies can remove damaged, duplicate, little-used, or outdated items. These rules cannot target content or the background or traits of the subject, author, or intended audience.

Job protections for school and library staff

School employees, school volunteers, and public library employees gain protection when they select, display, or circulate materials in line with the law. They cannot be fired, disciplined, demoted, involuntarily transferred, or retaliated against for those activities. They also cannot be investigated, fined, or imprisoned for those activities. School protections apply in libraries, classrooms, and other teaching settings.

Stronger library access rights for pupils

School districts, charter schools, employees, and volunteers cannot block pupils’ library access by removing, hiding, defacing, or labeling materials objectionable. Schools can keep reasonable rules about when, where, and how materials are used, and protect materials from damage or theft. They can also remove damaged, duplicate, little-used, or outdated items through collection maintenance policies. These rules cannot target content or the background or traits of the subject, author, or intended audience. The law took effect upon passage and approval.

Felony penalties for blocking library access

Using, threatening, or attempting force, intimidation, coercion, violence, restraint, or undue influence to intentionally block library access is a category E felony. This protects school pupils, public library users, and Nevada public college students and employees. The law also covers coercing school or library leaders, employees, or school volunteers to break access protections. For colleges, coercing a policy violation is covered only when the Board of Regents has adopted that policy. These prohibitions apply on and off school, college, or library property; punishment follows Nevada’s felony sentencing law.

Privacy protections against library access retaliation

Retaliatory sharing of identifying or sensitive information about covered school, public college, or public library users and personnel can be a category E felony. The sharing must be knowing, without required consent, and in retaliation for accessing materials or allowing access. The person sharing must know the information can identify the target. The offense requires intent to promote a likely violent or stalking crime, or intent to cause harm with the required knowledge or reckless disregard. It must cause reasonable fear of death, bodily injury, or stalking, or result in that harm to the target or a close relation; school pupils’ consent requirements involve their parent or legal guardian.

Regents can protect college library access

The Board of Regents can adopt a policy protecting students’ and employees’ library access within Nevada’s public higher education system. The law does not require the Board to adopt one. Any adopted policy must follow protections similar to school library rules, including content-neutral library management and staff protections. Its removal process uses court findings of obscenity, allows enrolled students or employees to petition, and requires lists of court-removed materials.

Court review limits library removal challenges

School removal petitions are limited to district residents who are also parents or legal guardians of pupils enrolled at that school. Public library petitions are limited to residents of the municipality the library serves. A court can order removal only after finding the material obscene under all three legal tests. The material must appeal to sexual interests, lack serious literary, artistic, political, or scientific value, and describe specified sexual content in a clearly offensive way. School districts, charter schools, and public library boards must keep court-removal lists available to staff who select and buy materials.

Sponsors & Cosponsors

Sponsors

  • Brittney M. Miller

    Democratic • House

  • Natha C. Anderson

    Democratic • House

  • Selena La Rue Hatch

    Democratic • House

  • Venicia Considine

    Democratic • House

Cosponsors

  • Cecelia González

    Democratic • House

  • Cinthia Zermeño Moore

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 42 • No: 21

Senate vote • 6/2/2025

Final Passage - Senate (1st Reprint)

Yes: 13 • No: 8

House vote • 5/21/2025

Final Passage - Assembly (1st Reprint)

Yes: 29 • No: 13

Actions Timeline

  1. Vetoed by the Governor.

    6/11/2025legislature
  2. Enrolled and delivered to Governor.

    6/5/2025legislature
  3. In Assembly. To enrollment.

    6/2/2025House
  4. Read third time. Passed. Title approved. (Yeas: 13, Nays: 8.) To Assembly.

    6/2/2025Senate
  5. Taken from General File. Placed on General File for next legislative day.

    6/1/2025Senate
  6. Taken from General File. Placed on General File for next legislative day.

    5/31/2025Senate
  7. Read second time.

    5/30/2025Senate
  8. Placed on Second Reading File.

    5/30/2025Senate
  9. From committee: Do pass.

    5/30/2025Senate
  10. Read first time. Referred to Committee on Education. To committee.

    5/21/2025Senate
  11. In Senate.

    5/21/2025Senate
  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 29, Nays: 13.) To Senate.

    5/21/2025House
  13. Placed on General File.

    5/21/2025House
  14. Withdrawn from Committee on Ways and Means.

    5/21/2025House
  15. To committee.

    4/24/2025House
  16. From printer. To engrossment. Engrossed. First reprint.

    4/24/2025House
  17. To printer.

    4/21/2025House
  18. Rereferred to Committee on Ways and Means. Exemption effective.

    4/21/2025House
  19. Taken from General File.

    4/21/2025House
  20. Read second time. Amended. (Amend. No. 404.)

    4/21/2025House
  21. Placed on Second Reading File.

    4/21/2025House
  22. From committee: Amend, and do pass as amended.

    4/21/2025House
  23. Notice of eligibility for exemption.

    3/24/2025House
  24. From printer. To committee.

    3/13/2025House
  25. Read first time. Referred to Committee on Judiciary. To printer.

    3/12/2025House

Bill Text

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