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- 83rd Session (2025)
Assembly Bill No. 266 –Assemblymembers González, Moore,
Miller, Brown -May; Anderson, Dalia, D ’Silva, Gallant,
Goulding, Gray, Hunt, Jackson, Karris, La Rue Hatch,
Marzola, Nadeem, Nguyen, Orentlicher, Roth and Torres -
Fossett
Joint Sponsors: Senators Cruz-Crawford and Doñate
CHAPTER..........
AN ACT relating to public health; requiring the Department of
Health and Human Services to publish certain information
relating to breastfee ding and develop a program of public
education concerning lactation; authorizing certain providers
of health care and medical facilities to provide that
information to certain persons; prohibiting a place of public
accommodation from engaging in certain di scrimination
against a person who is breastfeeding; authorizing certain
civil actions and administrative actions to enforce that
prohibition; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires the Me dicaid program to cover: (1) counseling and
support for breastfeeding; (2) supplies for breastfeeding until the child’s first
birthday; and (3) lactation consultation and support. (NRS 422.27174, 422.27179)
Existing law authorizes Medicaid to provide addit ional coverage of supplies for
breastfeeding. (NRS 422.27178) Section 1 of this bill requires the Department of
Health and Human Services to post on an Internet website maintained by the
Department: (1) a fact sheet that provides information concerning tha t coverage
under Medicaid; and (2) a list of services available in the community for lactation
support. Section 1 authorizes certain providers of health care and medical facilities
that provide care to a pregnant person to provide the information posted by the
Department to the pregnant person and, with the consent or at the direction of the
pregnant person, certain other persons. Section 1 additionally requires
the Department to develop and carry out a program of public education to increase
public awareness about lactation.
Existing law provides that all persons are entitled to the full and equal
enjoyment of the goods, services, facilities, privileges, advantages and
accommodations of any place of public accommodation, without discrimination or
segregation on the ground of race, color, religion, national origin, disability, sexual
orientation, sex or gender identity or expression. (NRS 651.070) Existing law
defines the term “place of public accommodation” to mean any establishment or
place to which the p ublic is invited or which is intended for public use, including
inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention
centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos,
nurseries, private and public schools or universities, day care centers, senior citizen
centers, gymnasiums, health spas and bowling alleys. (NRS 651.050; Clark County
Sch. Dist. v. Buchanan , 112 Nev. 1146 (1996)) Section 4 of this bill prohibits a
place of public accommodation , except if required by law, regulation or ordinance
to restrict the access of a minor to the place of public accommodation, from: (1)
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denying the full and equal enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any place o f public accommodation to a person
because the person is breastfeeding a child; or (2) publishing a statement,
advertisement, notice or sign that conflicts with that prohibition. Section 5 of this
bill makes the definition of “place of public accommodation ” in existing law apply
to section 4. Section 6 of this bill clarifies that those prohibitions do not apply to
certain private establishments that are not places of public accommodation. Section
8 of this bill authorizes a victim of certain violations of section 4 to file a civil
action. Section 9 of this bill authorizes a county or incorporated city to adopt an
ordinance that protects the rights protected by section 4, with certain limitations.
Section 10 of this bill authorizes a victim of a violation of section 4 to file a
complaint with the Nevada Equal Rights Commission, and section 3 of this bill
authorizes the Commission to order its Administrator to investigate and hold
hearings on such a complaint. The Commission would also be authorized to: (1)
hold an informal meeting to attempt to settle a dispute over an alleged violation of
section 4; and (2) after a formal public hearing, order the place of public
accommodation to cease and desist from activity that violates section 4 and take
corrective action. (NRS 233.170) Section 2 of this bill makes a conforming change
to include preventing discrimination against persons who are breastfeeding children
within the purposes of the Commission. Section 1.5 of this bill provides that it is
not an unlawful discriminatory practice in public accommodations to enforce a law,
regulation or ordinance restricting a minor from entering or remaining in the place
of public accommodation.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 442 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Department shall:
(a) Post on an Internet website maintained by the Department
and update at least annually:
(1) A fact sheet that provides, in accessible language,
information concerning the coverage provided under Medicaid
pursuant to paragraph (a) of subsection 1 of NRS 422.27174 and
paragraph (a) of subsection 1 of NRS 422.27179 and any
additional coverage pr ovided under Medicaid pursuant to
subsection 1 of NRS 422.27178.
(2) A list of services available in the community for
lactation support. The list must include, without limitation, the
names, addresses and telephone numbers of organizations that
provide lactation support.
(b) Develop and carry out a program of public education to
increase public awareness about lactation, including, without
limitation, the health benefits of lactation and ways in which
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pregnant persons and the parents of infants can conn ect to
lactation support.
2. The information described in paragraph (a) of subsection 1
must be available in English, Spanish, Tagalog and any other
language deemed appropriate by the Department.
3. A physician, physician assistant, advanced practice
registered nurse or midwife who attends a pregnant patient during
gestation or the delivery of an infant or a hospital or freestanding
birthing center from which a pregnant patient receives care
during gestation or the delivery of an infant may provide the
information posted by the Department pursuant to paragraph (a)
of subsection 1 to:
(a) The patient;
(b) With the consent of the patient, any other person
accompanying the patient when the patient receives care; and
(c) Any other person, at the direction of the patient.
Sec. 1.5. Chapter 233 of NRS is hereby amended by adding
thereto a new section to read as follows:
Notwithstanding any provision of this chapter, it is not an
unlawful discriminatory practice in public accommodations for
any place of pu blic accommodation to enforce a federal or state
law or regulation or local law or ordinance t hat prohibits a minor
from entering or remaining on its premises or certain areas of its
premises.
Sec. 2. NRS 233.010 is hereby amended to read as follows:
233.010 1. It is hereby declared to be the public policy of the
State of Nevada to protect the welfare, prosperity, health and peace
of all the people of the State, and to foster the right of all persons
reasonably to seek and obtain housing accommodatio ns without
discrimination, distinction or restriction because of race, religious
creed, color, age, sex, disability, sexual orientation, gender identity
or expression, national origin or ancestry.
2. It is hereby declared to be the public policy of the S tate of
Nevada to protect the welfare, prosperity, health and peace of all the
people of the State, and to foster the right of all persons reasonably
to seek and be granted services in places of public accommodation
without discrimination, distinction or r estriction because of race,
religious creed, color, age, sex, disability, sexual orientation,
national origin, ancestry or gender identity or expression [.] or
because a person is breastfeeding a child.
3. It is hereby declared to be the public policy of the State of
Nevada to protect the welfare, prosperity, health and peace of all the
people of the State, and to foster the right of all persons reasonably
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to seek, obtain and hold employment without discrimination,
distinction or restriction because of ra ce, religious creed, color, age,
sex, disability, sexual orientation, gender identity or expression,
national origin or ancestry. As used in this subsection:
(a) “Protective hairstyle” includes, without limitation, hairstyles
such as natural hairstyles, afros, bantu knots, curls, braids, locks and
twists.
(b) “Race” includes traits associated with race, including,
without limitation, hair texture and protective hairstyles.
4. It is recognized that the people of this State should be
afforded full and accurate information concerning actual and alleged
practices of discrimination and acts of prejudice, and that such
information may provide the basis for formulating statutory
remedies of equal protection and opportunity for all citizens in this
State.
Sec. 3. NRS 233.150 is hereby amended to read as follows:
233.150 The Commission may:
1. Order its Administrator to:
(a) With regard to public accommodation, investigate tensions,
practices of discrimination and acts of prejudice against any person
or gro up because of race, color, creed, sex, age, disability, sexual
orientation, national origin, ancestry or gender identity or expression
or because the person is breastfeeding a child and may conduct
hearings with regard thereto.
(b) With regard to housing, investigate tensions, practices of
discrimination and acts of prejudice against any person or group
because of race, color, creed, sex, age, disability, sexual orientation,
gender identity or expression, national origin or ancestry, and may
conduct hearings with regard thereto.
(c) With regard to employment, investigate:
(1) Tensions, practices of discrimination and acts of
prejudice against any person or group because of race, color, creed,
sex, age, disability, sexual orientation, gender identity or expression,
national origin or ancestry, and may conduct hearings with regard
thereto; and
(2) Any unlawful employment practice by an employer
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive,
and may conduct hearings with regard thereto.
As used in this paragraph, “race” includes traits associated with
race, including, without limitation, hair texture and protective
hairstyles, as defined in paragraph (a) of subsection 3 of
NRS 233.010.
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2. Mediate between or reconcile the persons or groups involved
in those tensions, practices and acts.
3. Issue subpoenas for the attendance of witnesses or for the
production of documents or tangible evidence relevant to any
investigations or hearings conducted by the Commission.
4. Delegate its power to hold hearings and issue subpoenas to
any of its members or any hearing officer in its employ.
5. Adopt reasonable regulations necessary for the Commission
to carry out the functions assigned to it by law.
Sec. 4. Chapter 651 of NRS is hereby a mended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful
for a place of public accommodation to:
(a) Deny the full and equal enjoyment of the goods, services,
facilities, privileges, advantages and accommodations of the place
of public accommodation to a person because the person is
breastfeeding a child.
(b) Print, circulate, post, mail or otherwise cause to be
published a statement, advertisement, notice or sign:
(1) Stating that the place of public accommodation refuses
or denies the full and equal enjoyment of any good, service,
facility, privilege, advantage or accommodation of the place of
public accommodation to a person in violation of paragraph (a);
or
(2) Otherwise indicating that the patronage or presence of a
person at a place of public accommodation is objectionable,
unwelcome, unacceptable or undesirable because the person is
breastfeeding a child.
2. It is not a violation of this section for any place of public
accommodation to enforce a federal or state law or regulation or
local law or ordinance t hat requires the place of public
accommodation to prohibit a minor from entering or remaining
on its premises or certain areas of its premises.
Sec. 5. NRS 651.050 is hereby amended to read as follows:
651.050 As used in NRS 651.050 to 651.110, inclusive, and
section 4 of this act, unless the context otherwise requires:
1. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
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2. “Gender identity or expression” means a gender -related
identity, appearance, expression or behavior of a person, regardless
of the person’s assigned sex at birth.
3. “Online establishment” means a business, whether or not
conducted for profit, which:
(a) Offers goods or services to the general public in this State
through an Internet website, mobile application or other electronic
medium; and
(b) Is not operated in conjunction with a physical location which
is open to the public.
4. “Place of public accommodation” means:
(a) Any inn, hotel, motel or other establ ishment which provides
lodging to transient guests, except an establishment located within a
building which contains not more than five rooms for rent or hire
and which is actually occupied by the proprietor of the
establishment as the proprietor’s residence;
(b) Any restaurant, bar, cafeteria, lunchroom, lunch counter,
soda fountain, casino or any other facility where food or spirituous
or malt liquors are sold, including any such facility located on the
premises of any retail establishment;
(c) Any gasoline station;
(d) Any motion picture house, theater, concert hall, sports arena
or other place of exhibition or entertainment;
(e) Any auditorium, convention center, lecture hall, stadium or
other place of public gathering;
(f) Any bakery, grocery store , clothing store, hardware store,
shopping center or other sales or rental establishment;
(g) Any laundromat, dry cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor, office of an
accountant or lawyer, pharmacy, in surance office, office of a
provider of health care, hospital or other service establishment;
(h) Any terminal, depot or other station used for specified public
transportation;
(i) Any museum, library, gallery or other place of public display
or collection;
(j) Any park, zoo, amusement park or other place of recreation;
(k) Any nursery, private school or university or other place of
education;
(l) Any day care center, senior citizen center, homeless shelter,
food bank, adoption agency or other social service establishment;
(m) Any gymnasium, health spa, bowling alley, golf course or
other place of exercise or recreation;
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(n) Any other establishment or place to which the public is
invited or which is intended for public use;
(o) Any establishment physically containing or contained within
any of the establishments described in paragraphs (a) to (n),
inclusive, which holds itself out as serving patrons of the described
establishment; and
(p) Any online establishment.
5. “Sexual orientation” means havi ng or being perceived as
having an orientation for heterosexuality, homosexuality or
bisexuality.
Sec. 6. NRS 651.060 is hereby amended to read as follows:
651.060 1. The provisions of NRS 651.050 to 651.110,
inclusive, and section 4 of this act do not apply to any private club,
private online discussion forum or other establishment not in fact
open to the public, except to the extent that the facilities of such
establishment are made available to the customers or patrons of an
establishment within the scope of NRS 651.050.
2. As used in this section, “private online discussion forum”
means an online forum:
(a) Which is operated for the primary purpose of allowing its
members to exercise their constitutionally protected right of
expressive association;
(b) Which has not more than 1,000 members; and
(c) The operator of which does not regularly receive payment,
directly or indirectly, from or on behalf of nonmembers for dues,
fees, use of facilities or goods or services for the furtherance of trade
or business.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 651.090 is hereby amended to read as follows:
651.090 1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or
deprive any other person of any right or privilege secured by NRS
651.070 or 651.075 [;] or section 4 of this act;
(b) Intimidates, threatens, coerces or attempts to threaten,
intimidate or coerce any other person for the purpose of interfering
with any right or privilege secured by NRS 651.070 or 651.075 [;]
or section 4 of this act; or
(c) Punishes or attempts to punish any other person for
exercising or attempting to exercise any right or privilege secured
by NRS 651.070 or 651.075 [,] or section 4 of this act,
is liable to the person whose rights pursuant to NRS 651.070 or
651.075 or section 4 of this act are affected for actual damages, to
be recovered by a civil action in a court in and for the county in
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which the infringement of civil rights occurred or in which the
defendant resides.
2. In an action brought pursuant to this section, the court may:
(a) Grant any equitable relief it considers appropriate, including
temporary, preliminary or permanent injunctive relief, against the
defendant.
(b) Award costs and reasonable attorney’s f ees to the prevailing
party.
Sec. 9. NRS 651.100 is hereby amended to read as follows:
651.100 Any county or incorporated city of this state may
adopt a local ordinance prohibiting infringement of the rights,
privileges or access secured by NRS 651.070 , 651.072 or 651.075
[,] or section 4 of this act, but such an ordinance must not apply to
any establishment outside the scope of NRS 651.050 and 651.060 or
impose a penalty more severe than that provided by NRS 651.075 or
651.080. A prosecution pursuant t o NRS 651.075 or 651.080 is a
bar to any prosecution pursuant to an ordinance authorized by this
section.
Sec. 10. NRS 651.110 is hereby amended to read as follows:
651.110 1. Except as otherwise provided in subsection 2, any
person who believes he or she has been denied full and equal
enjoyment of the goods, services, facilities, privileges, advantages
and accommodations of any place of public accommodation because
of discrimination or segregation based on race, color, religion,
national origin, disab ility, sexual orientation, sex or gender identity
or expression or because the person is breastfeeding a child may
file a complaint to that effect with the Nevada Equal Rights
Commission.
2. A complaint may not be filed with the Nevada Equal Rights
Commission for a violation of NRS 651.072.
Sec. 11. 1. This section becomes effective upon passage and
approval.
2. Sections 1.5 to 10, inclusive, of this act become effective on
July 1, 2025.
3. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
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