Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 416–Assemblymembers Miller, La Rue Hatch,
Anderson, Considine; González and Moore
CHAPTER..........
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.
Legislative Counsel’s Digest:
Existing law authorizes a district attorney or city attorney to file a complaint in
the district court to have an item or materia l declared obscene and to enjoin owner
and possessor of the item or material from selling, renting, exhibiting, reproducing,
manufacturing or distributing it. (NRS 201.241) For these purposes, “obscenity” is
defined in existing law as any item, material or performance which: (1) an average
person applying contemporary community standards would find, taken as a whole,
appeals to prurient interest; (2) taken as a whole, lacks serious literary artistic,
political or scientific value; and (3) depicts or describ es in a patently offensive way
certain sexual acts, excretory functions, sadism or masochism or lewdly exhibits the
genitals. (NRS 201.235) Section 2 of this bill: (1) prohibits the board of trustees of
a school district, the governing body of a charter school , a school employee or a
volunteer from taking certain actions which limit the access of pupils to library
materials of a school library; and (2) sets forth certain circumstances in which
access to library materials may be restricted for reasons unrelated to the content of
such materials. Section 2 additionally authorizes a person who meets certain
requirements and who objects to the inclusion of a ny library material in the
collection of a school library to petition a court for the removal of the material and
authorizes a court to order the removal of such material if the court determines that
the material is obscene, based on a definition of obscen ity which is substantially
similar to the definition of obscenity in existing law. Section 3.7 of this bill creates
similar provisions governing access to materials in a public library.
The Nevada Constitution requires the Nevada Legislature to provide f or the
establishment of a State University that is controlled by a Board of Regents whose
duties are prescribed by law. (Nev. Const. Art. 11, § 4) Section 3.2 of this bill
authorizes the Board of Regents to adopt a policy that prohibits an institution within
the Nevada System of Higher Education or an employee of such an institution from
limiting the access of students and employees to any library materials of a library at
such an institution. Section 3.2 additionally provides requirements that are similar
to those set forth in section 2 with which such a policy must comply.
Section 3 of this bill makes it a crime, punishable as a category E felony, for
any person to use or threaten or attempt to use any force, intimidation, coercion,
violence, restraint or undue influence with the intent to: (1) prevent a pupil from
using or accessing library materials; or (2) induce or compel the board of trustees of
a school district, the governing body of a charter school , a school employee or a
volunteer to violate the provisions of section 2. Section 3 further makes it a crime,
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punishable as a category E felony, for any person to disseminate any personal
identifying information or sensitive information of a member of the board of
trustees of a school district, a member of the governing body of a charter school, a
school employee, a volunteer or a pupil without consent, knowing that the member,
employee, volunteer or pupil could be identified by such information, if: (1) the
person disseminates such personal identifying i nformation or sensitive information
in retaliation for the victim accessing or allowing a pupil to access library materials
from a school library with the intent to aid, assist, encourage, facilitate, further or
promote any criminal offense which would be reasonably likely to cause death,
bodily injury or stalking or with the intent to cause harm to the member, school
employee, volunteer or pupil and with knowledge of or reckless disregard for the
reasonable likelihood that the dissemination of the informat ion may cause death,
bodily injury or stalking; and (2) the dissemination of the personal identifying
information or sensitive information would cause a reasonable person to fear the
death, bodily injury or stalking of himself or herself or a close relation or causes the
death, bodily injury or stalking of the victim whose information was disseminated
or a close relation of the victim. Sections 3.3 and 3.8 of this bill create similar
protections for a member of the Board of Regents, an employee of an instit ution
within the System or a student and a member of a governing body of a public
library or a library employee, respectively.
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 388 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this section, the
board of trustees of a school district, the gove rning body of a
charter school, a school employee or a volunteer shall not limit the
access of pupils to any library materials of a school library by:
(a) Removing library materials from the collection of a school
library or from circulation;
(b) Moving library materials to other sections of the library or
school premises for the purpose of concealing the presence of the
materials;
(c) Labeling library materials in a manner that indicates that
the board of trustees of a school district, the governing bod y of a
charter school, a school employee or a volunteer finds the content
of the library materials to be objectionable; or
(d) Defacing library materials to obscure the contents of the
library materials or cause the library materials to be removed from
circulation.
2. The provisions of subsection 1 do not prohibit a person
from checking library materials out of a school library pursuant to
the circulation policies of the school library.
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3. The board of trustees of a school district, the governing
body of a charter school or an administrator or school library
media specialist of a school may adopt a rule or policy which has
the effect of limiting access to library materials by a pupil if:
(a) The rule or policy:
(1) Imposes a reasonable restriction a s to the time, place
and manner of accessing library materials;
(2) Is adopted to preserve the safety and security of library
materials; or
(3) Is a maintenance or deaccession policy for the removal
of library materials which are damaged, duplicative, unused or
rarely used, in a format which is inaccessible due to obsolescence
or which are otherwise inconsistent with the collections policy of
the school library for reasons unrelated to the content of the
library material; and
(b) The rule or policy is not based on the content of the library
materials or the sex, race, national origin, religion, gender identity
or expression, sexual orientation, physical or mental disability,
political affiliation or any other distinguishing characteristic or
background of:
(1) The subject of the library materials;
(2) The author of the library materials; or
(3) The perceived or intended audience for the library
materials.
4. A person who objects to the inclusion of any library
material in the collection of a sch ool library may petition a court
of competent jurisdiction to order the removal of the library
material from circulation. A court may order the library material
to be removed from circulation pursuant to this subsection only if
the court determines that th e material is obscene. A person may
only petition a court pursuant to this subsection if the person:
(a) Resides in the school district in which the school library
which contains the contested library materials is located; and
(b) Is the parent or legal guardian of a pupil enrolled in the
school in which the school library which contains the contested
library materials is located.
5. The board of trustees of a school district and the governing
body of a charter school shall maintain a list of all of t he library
materials which have been ordered to be removed from circulation
from a school library within the school district or charter school
pursuant to subsection 4 and make the list available to any school
employee who is involved in the selection and purchase of
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materials for the collection of a school library within the school
district or charter school.
6. A school employee or a volunteer shall not be dismissed,
disciplined, demoted, involuntarily transferred, retaliated against,
investigated, fined or imprisoned for the selection, display or
circulation of library materials in accordance with the provisions
of this section , including, without limitation, in a library,
classroom or other instructional setting.
7. As used in this section:
(a) “Community” means the area from which a jury is or
would be selected for the court in which an action is brought
pursuant to subsection 4.
(b) “Library materials” includes, without limitation, books,
periodicals, pamphlets, journals, newspapers, audio mat erials,
audiovisual materials, instructional materials, maps, databases,
government documents, records , photographs and any materials
used for instruction.
(c) “Obscene” means any material which:
(1) An average person applying contemporary community
standards would find, taken as a whole, appeals to prurient
interest;
(2) Taken as a whole, lacks serious literary, artistic,
political or scientific value; and
(3) Does one of the following:
(I) Depicts or describes in a patently offensive way
ultimate sexual acts, normal or perverted, actual or simulated.
(II) Depicts or describes in a patently offensive way
masturbation, excretory functions, sadism or masochism.
(III) Lewdly exhibits the genitals.
(d) “School employee” means a licensed or unlicensed person,
including, without limitation, a teacher, administrator or school
library media specialist, employed by a school, including, without
limitation, a charter school.
(e) “Volunteer” means any person who, without
compensation, works at, assists with or oversees any activity or
event conducted or sponsored by a public school during or outside
of school hours, including, without limitation, a person who works
in or oversees a school library.
Sec. 3. 1. It is unlawful for any person to use or threaten or
attempt to use any force, intimidation, coercion, violence, restraint
or undue influence with the intent to:
(a) Prevent a pupil from using or accessing library materials;
or
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(b) Induce or compel the board of trustees of a school district,
the governing body of a charter school , a school employee or a
volunteer to violate the provisions of section 2 of this act.
2. The provisions of subsection 1 apply regardless of whether
a person uses or threatens or at tempts to use force, intimidation,
coercion, violence, restraint or undue influence on school property
or at a location other than on school property.
3. It is unlawful for a person to disseminate any personal
identifying information or sensitive inform ation of a member of
the board of trustees of a school district, a member of the
governing body of a charter school, a school employee, a volunteer
or a pupil without the consent of the member, school employee ,
volunteer or the parent or legal guardian of the pupil, as
applicable, knowing that the member, school employee , volunteer
or pupil could be identified by such information, if:
(a) The person disseminates such personal identifying
information in retaliation for th e victim accessing or allowing a
pupil to access library materials from a school library and:
(1) With the intent to aid, assist, encourage, facilitate,
further or promote any criminal offense which would be
reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the member, school
employee, volunteer or pupil and with knowledge of or reckless
disregard for the reasonable likelihood that the dissemination of
the information may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information
or sensitive information:
(1) Would cause a reasonable person to fear the death,
bodily injury or stalking of himself or herself or a close relation;
or
(2) Causes the death, bodily injury or stalking of the
member, school employee , volunteer or pupil whose information
was disseminated or a close relation of the member, school
employee, volunteer or pupil.
4. A person who violates the provisions of subsection 1 or 3 is
guilty of a category E felony and shall be punished as provided in
NRS 193.130.
5. As used in this section:
(a) “Close relation” means a current or former spouse or
domestic partner, parent, child, sibling, stepparent, grandparent or
any person who regularly resides in the household or who, within
the immediately preceding 6 months, regularly resided in the
household.
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(b) “Personal identifying information” has the meaning
ascribed to it in NRS 205.4617.
(c) “School employee” means a licensed or unlicensed person,
including, without limitation, a teacher, administrator or school
library media specialist, employed by a school, including, without
limitation, a charter school.
(d) “Sensitive information” has the meaning ascribed to it in
NRS 41.1347.
(e) “Stalking” means a violation of NRS 200.575.
(f) “Volunteer” has the meaning ascribed to it in section 1 of
this act.
Sec. 3.1. Chapter 396 of NRS is hereby amended by adding
thereto the provisions set forth as sections 3.2 and 3.3 of this act.
Sec. 3.2. 1. The Board of Regents may adopt a policy that
prohibits an institution within the System or an employee of such
an institution from limiting the access of students and employees
to any l ibrary materials of a library at an institution within the
System. A policy adopted pursuant to this section:
(a) Shall, except as otherwise provided in this section, provide
that such access may not be limited by:
(1) Removing library materials from the collection of a
library or from circulation;
(2) Moving library materials to other sections of the library
or premises for the purpose of concealing the presence of the
materials;
(3) Labeling library materials in a manner that indicates
that the B oard of Regents, the administration of the institution or
an employee of the institution finds the content of the library
materials to be objectionable; or
(4) Defacing library materials to obscure the contents of the
library materials or cause the library materials to be removed from
circulation.
(b) Shall not prohibit a person from checking library materials
out of a library pursuant to the circulation policies of the library.
(c) Shall include provisions that allow an institution within the
System or an employee of such an institution to limit the access of
students to library materials of a library at an institution within
the System if:
(1) The limitation on access is:
(I) A reasonable restriction as to the time, place and
manner of accessing library materials;
(II) Adopted to preserve the safety and security of
library materials; or
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(III) Pursuant to a maintenance and deaccession policy
for the removal of library materials which are damaged,
duplicative, unused or rarely used, in a forma t which is
inaccessible due to obsolescence or which are otherwise
inconsistent with the collections policy of the library for reasons
unrelated to the content of the library material; and
(2) The limitation on access is not based on the content of
the l ibrary materials or the sex, race, national origin, religion,
gender identity or expression, sexual orientation, physical or
mental disability, political affiliation or any other distinguishing
characteristic or background of:
(I) The subject of the library materials;
(II) The author of the library materials; or
(III) The perceived or intended audience for the library
materials.
(d) Shall provide that the only method for a person who objects
to the inclusion of any library material in the collect ion of a
library to obtain the removal of the library material is to follow the
procedure set forth in subsection 2.
(e) Shall require the Board of Regents to maintain a list of all
the library materials which have been removed from circulation
from a lib rary of an institution within the System pursuant to
subsection 2 and make the list available to any employee of such
an institution who is involved in the selection and purchase of
materials for the collection of a library of an institution within the
System.
(f) Shall include provisions that prohibit the dismissal,
disciplining, involuntary transfer or reassignment of an employee
of an institution within the System for the selection, display or
circulation of library materials in accordance with the prov isions
of the policy adopted pursuant to this section.
2. A person who objects to the inclusion of any library
material in the collection of a library of an institution within the
System may petition a court of competent jurisdiction to order the
removal of the library material from circulation. A court may
order the library material to be removed from circulation pursuant
to this subsection only if the court determines that the material is
obscene. A person may only petition a court pursuant to this
subsection if the person is enrolled in the institution or is an
employee of the institution.
3. An employee of an institution within the System shall not
be fined or imprisoned for the selection, display or circulation of
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library materials in accordance wi th any policy adopted by the
Board of Regents pursuant to this section.
4. As used in this section:
(a) “Community” means the area from which a jury is or
would be selected for the court in which an action is brought
pursuant to subsection 2.
(b) “Library employee” means an employee of an institution
within the System whose primary duties relate to the management
and function of a library of an institution within the System.
(c) “Library materials” includes, without limitation, books,
periodicals, pamphlets, journals, newspapers, audio materials,
audiovisual materials, instructional materials, maps, databases,
government documents, records and photographs.
(d) “Obscene” means any material which:
(1) An average person applying contemporary c ommunity
standards would find, taken as a whole, appeals to prurient
interest;
(2) Taken as a whole, lacks serious literary, artistic,
political or scientific value; and
(3) Does one of the following:
(I) Depicts or describes in a patently offensive way
ultimate sexual acts, normal or perverted, actual or simulated.
(II) Depicts or describes in a patently offensive way
masturbation, excretory functions, sadism or masochism.
(III) Lewdly exhibits the genitals.
Sec. 3.3. 1. It is unlawful for any person to use or threaten
or attempt to use any force, intimidation, coercion, violence,
restraint or undue influence with the intent to:
(a) Prevent a student or employee of an institution within the
System from using or accessing library materials; or
(b) Induce or compel the Board of Regents or an employee of
an institution within the System to violate the provisions of a
policy adopted pursuant to section 3.2 of this act.
2. The provisions of subsection 1 apply regardless of whether
a person uses or threatens or attempts to use force, intimidation,
coercion, violence, restraint or undue influence on property owned
or used by the System or at another location.
3. It is unlawful for a person to disseminate any personal
identifying information or sensitive information of a member of
the Board of Regents, an employee of an institution within the
System or a student without the consent of the member, employee
or student, as applicable, knowing that the member, employee or
student could be identified by such information if:
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(a) The person disseminates such personal identifying
information in retaliation for the victim accessing or allowing a
student or employee to access library materials from the library of
an institution within the System and:
(1) With the intent to aid, assist, encourage, facilitate,
further or promote any criminal offense which would be
reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the member, employee
or student and with knowledge or reckless disregard for the
reasonable likelihood that the dissemination of the information
may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information
or sensitive information:
(1) Would cause a reasonable person to fear the death,
bodily injury or stalking of himself or herself or a close relation;
or
(2) Causes the death, bodily injury or stalking of the
member, employee or student whose information was disseminated
or a close relation of the member, employee or student.
4. A person who violates the provisions of subsection 1 or 3 is
guilty of a category E felony and shall be punished as provided in
NRS 193.130.
5. As used in this section:
(a) “Close relation” means a current or former spouse or
domestic partner, parent, child, sibling, stepparent, grandparent or
any person who regularly resides in the household or who, within
the immediately preceding 6 months, regularl y resided in the
household.
(b) “Personal identifying information” has the meaning
ascribed to it in NRS 205.4617.
(c) “Sensitive information” has the meaning ascribed to it in
NRS 41.1347.
(d) “Stalking” means a violation of NRS 200.575.
Sec. 3.6. Chapter 379 of NRS is hereby amended by adding
thereto the provisions set forth as sections 3.7 and 3.8 of this act.
Sec. 3.7. 1. Except as otherwise provided in this section, the
governing body of a public library , a library employee or a
municipality shall not limit the access of a person to any library
materials of a public library by:
(a) Removing library materials from the collection of a library
or from circulation;
(b) Moving library materials to other sections of the library for
the purpose of concealing the presence of the materials;
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(c) Labeling library materials in a manner that indicates that the
governing body of the public library, a library employee or a
municipality finds the content of the library materials to be
objectionable; or
(d) Defacing library materials to obscure the contents of the
library materials or cause the library materials to be removed from
circulation.
2. The provisions of subsection 1 do not prohibit a person from
checking library materials out of a public library pursuant to the
circulation policies of the public library.
3. The governing body of a public library may adopt a rule or
policy which has the effect of limiting access to library materials by
a person if:
(a) The rule or policy:
(1) Imposes a reasonable restriction as to the time, place and
manner of accessing library materials;
(2) Is adopted to preserve the safety and security of library
materials; or
(3) Is a maintenance or deaccession policy for the removal of
library materials which are damaged, duplicative, unused or rarely
used, in a format which is inaccessible due to obsolescence or which
are otherwise inconsistent with the collections policy of the public
library for reasons unrelated to the content of the library material;
and
(b) The rule or policy is not based on the content of the library
materials or the sex, race, national origin, religion, gender identity
or expression, sexual orientation, physic al or mental disability,
political affiliation or any other distinguishing characteristic or
background of:
(1) The subject of the library materials;
(2) The author of the library materials; or
(3) The perceived or intended audience for the library
materials.
4. A person who objects to the inclusion of any library material
in the collection of a public library may petition a court of
competent jurisdiction to order the removal of the library material
from circulation. A court may order the library material to be
removed from circulation pursuant to this subsection only if the
court determines that the material is obscene . A person may only
petition a court pursuant to this subsection if the person is a resident
of the municipality served by the public library.
5. The governing body of a public library shall maintain a list
of all the library materials which have been removed from
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circulation from the public library pursuant to subsection 4 and
make the list available to any library employee who is involved in
the selection and purchase of materials for the collection of a public
library.
6. A library employee shall not be dismissed, disciplined,
demoted, involuntarily transferred, retaliated against, investigated,
fined or imprisoned for the selec tion, display or circulation of
library materials in accordance with the provisions of this section.
7. As used in this section:
(a) “Community” means the area from which a jury is or would
be selected for the court in which an action is brought pursuan t to
subsection 4.
(b) “Governing body” means the trustees of a consolidated,
county or district library, the governing authority of a city library,
the regional library board of a regional library or any other
executive body which governs the operations of a public library.
(c) “Library employee” means a librarian employed by the
public library or a staff member employed by a public library who is
not a librarian.
(d) “Library materials” includes, without limitation, books,
periodicals, pamphlets, journals, newspapers, audio materials,
audiovisual materials, instructional materials, maps, databases,
government documents, records and photographs.
(e) “Municipality” means a county, district, city, town or other
political subdivision served by a public library.
(f) “Obscene” means any material which:
(1) An average person applying contemporary community
standards would find, taken as a whole, appeals to prurient interest;
(2) Taken as a whole, lacks serious literary, artistic, political
or scientific value; and
(3) Does one of the following:
(I) Depicts or describes in a patently offensive way
ultimate sexual acts, normal or perverted, actual or simulated.
(II) Depicts or describes in a patently offensive way
masturbation, excretory functions, sadism or masochism.
(III) Lewdly exhibits the genitals.
Sec. 3.8. 1. It is unlawful for any person to use or threaten or
attempt to use any force, intimidation, coercion, violence, restraint
or undue influence with the intent to:
(a) Prevent a person from using or accessing library materials;
or
(b) Induce or compel the governing body of a public library or a
library employee to violate the provisions of section 3.7 of this act.
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2. The provisions of subsection 1 apply regardless of whether a
person uses or threatens or attempts to use force, intimidation,
coercion, violence, restraint or undue influence on property owned
or used by the public library or at another location.
3. It is unlawful for a person to disseminate any personal
identifying information or sensitive information of a member of the
governing body of a public library or a library employee without
the consent of the member or employee, as applicable, knowing that
the member or employee could be identified by such information if:
(a) The person disseminates such personal identifying
information in retaliation for the victim accessing or allowing a
person to access library materials from the public library and:
(1) With the intent to aid, assist, encourage, facilitate, further
or promote any criminal offense which would be reasonably likely
to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the member or employee
and with knowledge or reckless disregard for the reasonable
likelihood that the dissemination of the information may cause
death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information or
sensitive information:
(1) Would cause a reasonable person to fear the death, bodily
injury or stalking of himself or herself or a close relation; or
(2) Causes the death, bodily injury or stalking of the member
or employee whose information was disseminated or a close relation
of the member or employee.
4. A person who violates the provisions of subsection 1 or 3 is
guilty of a category E felony and shall be punished as provided in
NRS 193.130.
5. As used in this section:
(a) “Close relation” means a current or former spouse or
domestic partner, parent, child, sibling, stepparent, grandparent or
any person who regularly resides in the household or who, within
the immediately preceding 6 months, regularly resided in the
household.
(b) “Governing body” has the meaning ascribed to it in section
3.7 of this act.
(c) “Library employee” means a librarian employed by the
public library or a staff member employed by a public library who is
not a librarian.
(d) “Personal identifying information” has the meaning ascribed
to it in NRS 205.4617.
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(e) “Sensitive information” has the meaning ascribed to it in
NRS 41.1347.
(f) “Stalking” means a violation of NRS 200.575.
Sec. 4. This act becomes effective upon passage and approval.
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