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- 83rd Session (2025)
Senate Bill No. 406–Committee on Judiciary
CHAPTER..........
AN ACT relating to civil liability; providing immunity from civil
liability to the State of Nevada, certain institutions of higher
education and certain officers or employees thereof under
certain circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, the State of Nevada: (1) waives its immunity from liability
in civil actions; and (2) consents to have its liability determined in accordance with
the same rules of law governing civil actions against natural persons and
corporations. (NRS 41.031) Existi ng law creates certain exceptions to this waiver
of immunity from liability, thereby providing immunity from liability to certain
state actors under certain circumstances. (NRS 41.032-41.036) Section 1 of this bill
provides that the State, any university, state college or community college which is
part of the Nevada System of Higher Education and any officer or employee thereof
are immune from civil liability for any damages sustained as a result of certain acts
or omissions of the State, institution of hi gher education, officer or employee in
response to or on the basis of the public -health crisis caused by the COVID -19
pandemic. Section 2 of this bill provides that the State retains its immunity from
liability in cases where immunity is granted under section 1. Section 3 of this bill
provides that the immunity from liability granted by section 1 applies retroactively
to any action commenced on or after March 12, 2020, for which a final judgment
has not been rendered. Section 4 of this bill provides that the immunity from
liability granted by section 1 expires by limitation on June 30, 2030.
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 41 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The State of Nevada, any institution of higher education
and any officer or employee thereof are immune from civil liability
for damages sustained as a result of an act or omission of the
State, institution, officer or employee in response to or on the basis
of the public -health crisis caused by the COVID -19 pandemic
which i mpacted the provision of educational services by an
institution of higher education during the spring semester of 2020
if:
(a) The act or omission was reasonably related to public health
and safety and was performed in good faith; and
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(b) The claim arises out of or in connection with tuition or fees
paid to an institution of higher education for the spring semester
of 2020.
The Legislature declares that the purpose of t his subsection is
to advance the compelling state interest in safeguarding the State
Treasury, ensuring the stability and long -term sustainability of
institutions of higher education and encouraging the State and its
institutions of higher education to res pond effectively to future
health crises in alignment with federal, state and local guidance.
2. For the purposes of subsection 1, an act or omission of the
State, any institution of higher education or any officer or
employee thereof shall be deemed to have:
(a) Impacted the provision of educational services by an
institution of higher education during the spring semester of 2020
if the act or omission:
(1) Caused the cessation of educational services for any
period;
(2) Caused the closure of a campus or facility operated by
or under the control of an institution of higher education in whole
or in part or otherwise limited access to any such campus or
facility in whole or in part;
(3) Modified the manner in which educational services
were provi ded, including, without limitation, by authorizing or
requiring a transition to online or otherwise remote instruction; or
(4) Otherwise interfered with the provision of educational
services.
(b) Been performed in good faith if the act or omission was a
good faith effort to comply with any applicable:
(1) Federal, state or local law, regulation or ordinance; or
(2) Written order, directive or other document published by
a federal, state or local government or regulatory body.
3. The immunity granted by this section is in addition to any
other immunity recognized by law, and all such immunities are
cumulative, so that the application or attempted application of any
one does not bar the application or attempted application of any
other.
4. As used in this section:
(a) “Educational services” means any offering, program or
benefit provided by or in connection with an institution of higher
education. The term includes, without limitation, educational
instruction, academic support services and studen t services,
regardless of whether such services are provided directly by the
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institution of higher education or by external entities as ancillary
to student engagement or development.
(b) “Institution of higher education” means a university, state
college or community college which is part of the Nevada System
of Higher Education.
(c) “Student services” means any program, resource or
support activity provided by or in connection with an institution of
higher education for the purpose of enhancing the academic,
personal or professional development of students. The term
includes, without limitation, career services, health services and
ancillary student activities or extracurricular programs.
Sec. 2. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity
from liability and action and hereby consents to have its liability
determined in accordance with the same rules of law as are applied
to civil actions against nat ural persons and corporations, except as
otherwise provided in NRS 41.032 to 41.038, inclusive, and section
1 of this act, 485.318, subsection 3 and any statute which expressly
provides for governmental immunity, if the claimant complies with
the limitations of NRS 41.010 or the limitations of NRS 41.032 to
41.036, inclusive [.] , and section 1 of this act. The State of Nevada
further waives the immunity from liability and action of all political
subdivisions of the State, and their liability must be determ ined in
the same manner, except as otherwise provided in NRS 41.032 to
41.038, inclusive, and section 1 of this act, subsection 3 and any
statute which expressly provides for governmental immunity, if the
claimant complies with the limitations of NRS 41.03 2 to 41.036,
inclusive [.] , and section 1 of this act.
2. An action may be brought under this section against the
State of Nevada or any political subdivision of the State. In any
action against the State of Nevada, the action must be brought in the
name of the State of Nevada on relation of the particular
department, commission, board or other agency of the State whose
actions are the basis for the suit. An action against the State of
Nevada must be filed in the county where the cause or some part
thereof arose or in Carson City. In an action against the State of
Nevada, the summons and a copy of the complaint must be served
upon:
(a) The Attorney General, or a person designated by the
Attorney General, at the Office of the Attorney General in Carson
City; and
(b) The person serving in the office of administrative head of the
named agency.
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3. The State of Nevada does not waive its immunity from suit
conferred by Amendment XI of the Constitution of the United
States.
Sec. 3. The provisions of this act apply to all actions
commenced on or after March 12, 2020, for which a final judgment
has not been rendered.
Sec. 4. This act becomes effective upon passage and approval
and applies retroactively on and after March 12, 2020, and expires
by limitation on June 30, 2030.
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