A.B. 266
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ASSEMBLY BILL NO. 266–ASSEMBLYMEMBERS GONZÁLEZ,
MOORE, MILLER; ANDERSON, DALIA, D’SILVA, GALLANT,
GOULDING, GRAY, HUNT, JACKSON, KARRIS, LA RUE
HATCH, NADEEM, NGUYEN, ORENTLICHER, ROTH AND
TORRES-FOSSETT
FEBRUARY 20, 2025
____________
JOINT SPONSORS: SENATORS CRUZ-CRAWFORD AND DOÑATE
____________
Referred to Committee on Health and Human Services
SUMMARY—Makes revisions relating to breastfeeding.
(BDR 40-595)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public health; requiring the Department of
Health and Human Services to publish certain information
relating to breastfeeding 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
discrimination against a person who is breastfeeding;
authorizing certain civil actions and administrative actions
to enforce that prohibition; providing a penalty; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Medicaid program to cover: (1) counseling and 1
support for breastfeeding; (2) supplies for breastfeeding until the child’s first 2
birthday; and (3) lactation consultation and support. (NRS 422.27174, 422.27179) 3
Existing law authorizes Medicaid to provide additional coverage of supplies for 4
breastfeeding. (NRS 422.27178) Section 1 of this bill requires the Department of 5
Health and Human Services to post on an Internet website maintained by the 6
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Department: (1) a fact sheet that provides information concerning that coverage 7
under Medicaid; and (2) a list of services available in the community for lactation 8
support. Section 1 authorizes certain providers of health care and medical facilities 9
that provide care to a pregnant person to provide the information posted by the 10
Department to the pregnant person and, with the consent or at the direction of the 11
pregnant person, certain other persons. Section 1 additionally requires 12
the Department to develop and carry out a program of public education to increase 13
public awareness about lactation. 14
Existing law provides that all persons are entitled to the full and equal 15
enjoyment of the goods, services, facilities, privileges, advantages and 16
accommodations of any place of public accommodation, without discrimination or 17
segregation on the ground of race, color, religion, national origin, disability, sexual 18
orientation, sex or gender identity or expression. (NRS 651.070) Existing law 19
defines the term “place of public accommodation” to mean any establishment or 20
place to which the public is invited or which is intended for public use, including, 21
inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention 22
centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, 23
nurseries, private and public schools or universities, day care centers, senior citizen 24
centers, gymnasiums, health spas and bowling alleys. (NRS 651.050; Clark County 25
Sch. Dist. v. Buchanan, 112 Nev. 1146 (1996)) Section 4 of this bill prohibits a 26
place of public accommodation from: (1) denying the full and equal enjoyment of 27
the goods, services, facilities, privileges, advantages and accommodations of any 28
place of public accommodation to a person because the person is breastfeeding a 29
child; or (2) publishing a statement, advertisement, notice or sign that conflicts with 30
that prohibition. Section 5 of this bill makes the definition of “place of public 31
accommodation” in existing law apply to section 4. Section 6 of this bill clarifies 32
that those prohibitions do not apply to certain private establishments that are not 33
places of public accommodation. Section 7 of this bill makes certain actions that 34
violate section 4 misdemeanors, and section 8 of this bill authorizes a victim of 35
such a violation to file a civil action. Section 9 of this bill authorizes a county or 36
incorporated city to adopt an ordinance that protects the rights protected by section 37
4, with certain limitations. Section 10 of this bill authorizes a victim of a violation 38
of section 4 to file a complaint with the Nevada Equal Rights Commission, and 39
section 3 of this bill authorizes the Commission to order its Administrator to 40
investigate and hold hearings on such a complaint. The Commission would also be 41
authorized to: (1) hold an informal meeting to attempt to settle a dispute over an 42
alleged violation of section 4; and (2) after a formal public hearing, order the place 43
of public accommodation to cease and desist from activity that violates section 4 44
and take corrective action. (NRS 233.170) Section 2 of this bill makes a 45
conforming change to include preventing discrimination against persons who are 46
breastfeeding children within the purposes of the Commission. 47
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 1
thereto a new section to read as follows: 2
1. The Department shall: 3
(a) Post on an Internet website maintained by the Department 4
and update at least annually: 5
(1) A fact sheet that provides, in accessible language, 6
information concerning the coverage provided under Medicaid 7
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pursuant to paragraph (a) of subsection 1 of NRS 422.27174 and 1
paragraph (a) of subsection 1 of NRS 422.27179 and any 2
additional coverage provided under Medicaid pursuant to 3
subsection 1 of NRS 422.27178. 4
(2) A list of services available in the community for 5
lactation support. The list must include, without limitation, the 6
names, addresses and telephone numbers of organizations that 7
provide lactation support. 8
(b) Develop and carry out a program of public education to 9
increase public awareness about lactation, including, without 10
limitation, the health benefits of lactation and ways in which 11
pregnant persons and the parents of infants can connect to 12
lactation support. 13
2. The information described in paragraph (a) of subsection 1 14
must be available in English, Spanish, Tagalog and any other 15
language deemed appropriate by the Department. 16
3. A physician, physician assistant, advanced practice 17
registered nurse or midwife who attends a pregnant patient during 18
gestation or the delivery of an infant or a hospital or freestanding 19
birthing center from which a pregnant patient receives care 20
during gestation or the delivery of an infant may provide the 21
information posted by the Department pursuant to paragraph (a) 22
of subsection 1 to: 23
(a) The patient; 24
(b) With the consent of the patient, any other person 25
accompanying the patient when the patient receives care; and 26
(c) Any other person, at the direction of the patient. 27
Sec. 2. NRS 233.010 is hereby amended to read as follows: 28
233.010 1. It is hereby declared to be the public policy of the 29
State of Nevada to protect the welfare, prosperity, health and peace 30
of all the people of the State, and to foster the right of all persons 31
reasonably to seek and obtain housing accommodations without 32
discrimination, distinction or restriction because of race, religious 33
creed, color, age, sex, disability, sexual orientation, gender identity 34
or expression, national origin or ancestry. 35
2. It is hereby declared to be the public policy of the State of 36
Nevada to protect the welfare, prosperity, health and peace of all the 37
people of the State, and to foster the right of all persons reasonably 38
to seek and be granted services in places of public accommodation 39
without discrimination, distinction or restriction because of race, 40
religious creed, color, age, sex, disability, sexual orientation, 41
national origin, ancestry or gender identity or expression [.] or 42
because a person is breastfeeding a child. 43
3. It is hereby declared to be the public policy of the State of 44
Nevada to protect the welfare, prosperity, health and peace of all the 45
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people of the State, and to foster the right of all persons reasonably 1
to seek, obtain and hold employment without discrimination, 2
distinction or restriction because of race, religious creed, color, age, 3
sex, disability, sexual orientation, gender identity or expression, 4
national origin or ancestry. As used in this subsection: 5
(a) “Protective hairstyle” includes, without limitation, hairstyles 6
such as natural hairstyles, afros, bantu knots, curls, braids, locks and 7
twists. 8
(b) “Race” includes traits associated with race, including, 9
without limitation, hair texture and protective hairstyles. 10
4. It is recognized that the people of this State should be 11
afforded full and accurate information concerning actual and alleged 12
practices of discrimination and acts of prejudice, and that such 13
information may provide the basis for formulating statutory 14
remedies of equal protection and opportunity for all citizens in this 15
State. 16
Sec. 3. NRS 233.150 is hereby amended to read as follows: 17
233.150 The Commission may: 18
1. Order its Administrator to: 19
(a) With regard to public accommodation, investigate tensions, 20
practices of discrimination and acts of prejudice against any person 21
or group because of race, color, creed, sex, age, disability, sexual 22
orientation, national origin, ancestry or gender identity or expression 23
or because the person is breastfeeding a child and may conduct 24
hearings with regard thereto. 25
(b) With regard to housing, investigate tensions, practices of 26
discrimination and acts of prejudice against any person or group 27
because of race, color, creed, sex, age, disability, sexual orientation, 28
gender identity or expression, national origin or ancestry, and may 29
conduct hearings with regard thereto. 30
(c) With regard to employment, investigate: 31
(1) Tensions, practices of discrimination and acts of 32
prejudice against any person or group because of race, color, creed, 33
sex, age, disability, sexual orientation, gender identity or expression, 34
national origin or ancestry, and may conduct hearings with regard 35
thereto; and 36
(2) Any unlawful employment practice by an employer 37
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, 38
and may conduct hearings with regard thereto. 39
As used in this paragraph, “race” includes traits associated with 40
race, including, without limitation, hair texture and protective 41
hairstyles, as defined in paragraph (a) of subsection 3 of 42
NRS 233.010. 43
2. Mediate between or reconcile the persons or groups involved 44
in those tensions, practices and acts. 45
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3. Issue subpoenas for the attendance of witnesses or for the 1
production of documents or tangible evidence relevant to any 2
investigations or hearings conducted by the Commission. 3
4. Delegate its power to hold hearings and issue subpoenas to 4
any of its members or any hearing officer in its employ. 5
5. Adopt reasonable regulations necessary for the Commission 6
to carry out the functions assigned to it by law. 7
Sec. 4. Chapter 651 of NRS is hereby amended by adding 8
thereto a new section to read as follows: 9
Unless expressly authorized by federal or state law or 10
regulations, it is unlawful for a place of public accommodation to: 11
1. Deny the full and equal enjoyment of the goods, services, 12
facilities, privileges, advantages and accommodations of the place 13
of public accommodation to a person because the person is 14
breastfeeding a child. 15
2. Print, circulate, post, mail or otherwise cause to be 16
published a statement, advertisement, notice or sign: 17
(a) Stating that the place of public accommodation refuses or 18
denies the full and equal enjoyment of any good, service, facility, 19
privilege, advantage or accommodation of the place of public 20
accommodation to a person in violation of subsection 1; or 21
(b) Otherwise indicating that the patronage or presence of a 22
person at a place of public accommodation is objectionable, 23
unwelcome, unacceptable or undesirable because the person is 24
breastfeeding a child. 25
Sec. 5. NRS 651.050 is hereby amended to read as follows: 26
651.050 As used in NRS 651.050 to 651.110, inclusive, and 27
section 4 of this act, unless the context otherwise requires: 28
1. “Disability” means, with respect to a person: 29
(a) A physical or mental impairment that substantially limits one 30
or more of the major life activities of the person; 31
(b) A record of such an impairment; or 32
(c) Being regarded as having such an impairment. 33
2. “Gender identity or expression” means a gender-related 34
identity, appearance, expression or behavior of a person, regardless 35
of the person’s assigned sex at birth. 36
3. “Online establishment” means a business, whether or not 37
conducted for profit, which: 38
(a) Offers goods or services to the general public in this State 39
through an Internet website, mobile application or other electronic 40
medium; and 41
(b) Is not operated in conjunction with a physical location which 42
is open to the public. 43
4. “Place of public accommodation” means: 44
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(a) Any inn, hotel, motel or other establishment which provides 1
lodging to transient guests, except an establishment located within a 2
building which contains not more than five rooms for rent or hire 3
and which is actually occupied by the proprietor of the 4
establishment as the proprietor’s residence; 5
(b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, 6
soda fountain, casino or any other facility where food or spirituous 7
or malt liquors are sold, including any such facility located on the 8
premises of any retail establishment; 9
(c) Any gasoline station; 10
(d) Any motion picture house, theater, concert hall, sports arena 11
or other place of exhibition or entertainment; 12
(e) Any auditorium, convention center, lecture hall, stadium or 13
other place of public gathering; 14
(f) Any bakery, grocery store, clothing store, hardware store, 15
shopping center or other sales or rental establishment; 16
(g) Any laundromat, dry cleaner, bank, barber shop, beauty 17
shop, travel service, shoe repair service, funeral parlor, office of an 18
accountant or lawyer, pharmacy, insurance office, office of a 19
provider of health care, hospital or other service establishment; 20
(h) Any terminal, depot or other station used for specified public 21
transportation; 22
(i) Any museum, library, gallery or other place of public display 23
or collection; 24
(j) Any park, zoo, amusement park or other place of recreation; 25
(k) Any nursery, private school or university or other place of 26
education; 27
(l) Any day care center, senior citizen center, homeless shelter, 28
food bank, adoption agency or other social service establishment; 29
(m) Any gymnasium, health spa, bowling alley, golf course or 30
other place of exercise or recreation; 31
(n) Any other establishment or place to which the public is 32
invited or which is intended for public use; 33
(o) Any establishment physically containing or contained within 34
any of the establishments described in paragraphs (a) to (n), 35
inclusive, which holds itself out as serving patrons of the described 36
establishment; and 37
(p) Any online establishment. 38
5. “Sexual orientation” means having or being perceived as 39
having an orientation for heterosexuality, homosexuality or 40
bisexuality. 41
Sec. 6. NRS 651.060 is hereby amended to read as follows: 42
651.060 1. The provisions of NRS 651.050 to 651.110, 43
inclusive, and section 4 of this act do not apply to any private club, 44
private online discussion forum or other establishment not in fact 45
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open to the public, except to the extent that the facilities of such 1
establishment are made available to the customers or patrons of an 2
establishment within the scope of NRS 651.050. 3
2. As used in this section, “private online discussion forum” 4
means an online forum: 5
(a) Which is operated for the primary purpose of allowing its 6
members to exercise their constitutionally protected right of 7
expressive association; 8
(b) Which has not more than 1,000 members; and 9
(c) The operator of which does not regularly receive payment, 10
directly or indirectly, from or on behalf of nonmembers for dues, 11
fees, use of facilities or goods or services for the furtherance of trade 12
or business. 13
Sec. 7. NRS 651.080 is hereby amended to read as follows: 14
651.080 1. Any person is guilty of a misdemeanor who: 15
(a) Withholds, denies, deprives or attempts to withhold, deny or 16
deprive any other person of any right, privilege or access secured by 17
NRS 651.070, 651.072 or 651.075 [;] or section 4 of this act; 18
(b) Intimidates, threatens, coerces or attempts to threaten, 19
intimidate or coerce any other person for the purpose of interfering 20
with any right, privilege or access secured by NRS 651.070, 21
651.072 or 651.075 [;] or section 4 of this act; or 22
(c) Punishes or attempts to punish any other person for 23
exercising or attempting to exercise any right, privilege or access 24
secured by NRS 651.070, 651.072 or 651.075 [.] or section 4 of this 25
act. 26
2. A prosecution for violation of a local ordinance authorized 27
by NRS 651.100 is a bar to any prosecution pursuant to this section. 28
Sec. 8. NRS 651.090 is hereby amended to read as follows: 29
651.090 1. Any person who: 30
(a) Withholds, denies, deprives or attempts to withhold, deny or 31
deprive any other person of any right or privilege secured by NRS 32
651.070 or 651.075 [;] or section 4 of this act; 33
(b) Intimidates, threatens, coerces or attempts to threaten, 34
intimidate or coerce any other person for the purpose of interfering 35
with any right or privilege secured by NRS 651.070 or 651.075 [;] 36
or section 4 of this act; or 37
(c) Punishes or attempts to punish any other person for 38
exercising or attempting to exercise any right or privilege secured 39
by NRS 651.070 or 651.075 [,] or section 4 of this act, 40
is liable to the person whose rights pursuant to NRS 651.070 or 41
651.075 or section 4 of this act are affected for actual damages, to 42
be recovered by a civil action in a court in and for the county in 43
which the infringement of civil rights occurred or in which the 44
defendant resides. 45
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2. In an action brought pursuant to this section, the court may: 1
(a) Grant any equitable relief it considers appropriate, including 2
temporary, preliminary or permanent injunctive relief, against the 3
defendant. 4
(b) Award costs and reasonable attorney’s fees to the prevailing 5
party. 6
Sec. 9. NRS 651.100 is hereby amended to read as follows: 7
651.100 Any county or incorporated city of this state may 8
adopt a local ordinance prohibiting infringement of the rights, 9
privileges or access secured by NRS 651.070, 651.072 or 651.075 10
[,] or section 4 of this act, but such an ordinance must not apply to 11
any establishment outside the scope of NRS 651.050 and 651.060 or 12
impose a penalty more severe than that provided by NRS 651.075 or 13
651.080. A prosecution pursuant to NRS 651.075 or 651.080 is a 14
bar to any prosecution pursuant to an ordinance authorized by this 15
section. 16
Sec. 10. NRS 651.110 is hereby amended to read as follows: 17
651.110 1. Except as otherwise provided in subsection 2, any 18
person who believes he or she has been denied full and equal 19
enjoyment of the goods, services, facilities, privileges, advantages 20
and accommodations of any place of public accommodation because 21
of discrimination or segregation based on race, color, religion, 22
national origin, disability, sexual orientation, sex or gender identity 23
or expression or because the person is breastfeeding a child may 24
file a complaint to that effect with the Nevada Equal Rights 25
Commission. 26
2. A complaint may not be filed with the Nevada Equal Rights 27
Commission for a violation of NRS 651.072. 28
Sec. 11. 1. This section becomes effective upon passage and 29
approval. 30
2. Sections 2 to 10, inclusive, of this act become effective on 31
July 1, 2025. 32
3. Section 1 of this act becomes effective: 33
(a) Upon passage and approval for the purpose of adopting any 34
regulations and performing any other preparatory administrative 35
tasks that are necessary to carry out the provisions of this act; and 36
(b) On October 1, 2025, for all other purposes. 37
H