(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT A.B. 266
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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
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; 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, except if required by law, regulation or ordinance 27
to restrict the access of a minor to the place of public accommodation, from: (1) 28
denying the full and equal enjoyment of the goods, services, facilities, privileges, 29
advantages and accommodations of any place of public accommodation to a person 30
because the person is breastfeeding a child; or (2) publishing a statement, 31
advertisement, notice or sign that conflicts with that prohibition. Section 5 of this 32
bill makes the definition of “place of public accommodation” in existing law apply 33
to section 4. Section 6 of this bill clarifies that those prohibitions do not apply to 34
certain private establishments that are not places of public accommodation. Section 35
8 of this bill authorizes a victim of certain violations of section 4 to file a civil 36
action. Section 9 of this bill authorizes a county or incorporated city to adopt an 37
ordinance that protects the rights protected by section 4, with certain limitations. 38
Section 10 of this bill authorizes a victim of a violation of section 4 to file a 39
complaint with the Nevada Equal Rights Commission, and section 3 of this bill 40
authorizes the Commission to order its Administrator to investigate and hold 41
hearings on such a complaint. The Commission would also be authorized to: (1) 42
hold an informal meeting to attempt to settle a dispute over an alleged violation of 43
section 4; and (2) after a formal public hearing, order the place of public 44
accommodation to cease and desist from activity that violates section 4 and take 45
corrective action. (NRS 233.170) Section 2 of this bill makes a conforming change 46
to include preventing discrimination against persons who are breastfeeding children 47
within the purposes of the Commission. Section 1.5 of this bill provides that it is 48
not an unlawful discriminatory practice in public accommodations to enforce a law, 49
regulation or ordinance restricting a minor from entering or remaining in the place 50
of public accommodation. 51
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
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(a) Post on an Internet website maintained by the Department 1
and update at least annually: 2
(1) A fact sheet that provides, in accessible language, 3
information concerning the coverage provided under Medicaid 4
pursuant to paragraph (a) of subsection 1 of NRS 422.27174 and 5
paragraph (a) of subsection 1 of NRS 422.27179 and any 6
additional coverage provided under Medicaid pursuant to 7
subsection 1 of NRS 422.27178. 8
(2) A list of services available in the community for 9
lactation support. The list must include, without limitation, the 10
names, addresses and telephone numbers of organizations that 11
provide lactation support. 12
(b) Develop and carry out a program of public education to 13
increase public awareness about lactation, including, without 14
limitation, the health benefits of lactation and ways in which 15
pregnant persons and the parents of infants can connect to 16
lactation support. 17
2. The information described in paragraph (a) of subsection 1 18
must be available in English, Spanish, Tagalog and any other 19
language deemed appropriate by the Department. 20
3. A physician, physician assistant, advanced practice 21
registered nurse or midwife who attends a pregnant patient during 22
gestation or the delivery of an infant or a hospital or freestanding 23
birthing center from which a pregnant patient receives care 24
during gestation or the delivery of an infant may provide the 25
information posted by the Department pursuant to paragraph (a) 26
of subsection 1 to: 27
(a) The patient; 28
(b) With the consent of the patient, any other person 29
accompanying the patient when the patient receives care; and 30
(c) Any other person, at the direction of the patient. 31
Sec. 1.5. Chapter 233 of NRS is hereby amended by adding 32
thereto a new section to read as follows: 33
Notwithstanding any provision of this chapter, it is not an 34
unlawful discriminatory practice in public accommodations for 35
any place of public accommodation to enforce a federal or state 36
law or regulation or local law or ordinance that prohibits a minor 37
from entering or remaining on its premises or certain areas of its 38
premises. 39
Sec. 2. NRS 233.010 is hereby amended to read as follows: 40
233.010 1. It is hereby declared to be the public policy of the 41
State of Nevada to protect the welfare, prosperity, health and peace 42
of all the people of the State, and to foster the right of all persons 43
reasonably to seek and obtain housing accommodations without 44
discrimination, distinction or restriction because of race, religious 45
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creed, color, age, sex, disability, sexual orientation, gender identity 1
or expression, national origin or ancestry. 2
2. It is hereby declared to be the public policy of the State of 3
Nevada to protect the welfare, prosperity, health and peace of all the 4
people of the State, and to foster the right of all persons reasonably 5
to seek and be granted services in places of public accommodation 6
without discrimination, distinction or restriction because of race, 7
religious creed, color, age, sex, disability, sexual orientation, 8
national origin, ancestry or gender identity or expression [.] or 9
because a person is breastfeeding a child. 10
3. It is hereby declared to be the public policy of the State of 11
Nevada to protect the welfare, prosperity, health and peace of all the 12
people of the State, and to foster the right of all persons reasonably 13
to seek, obtain and hold employment without discrimination, 14
distinction or restriction because of race, religious creed, color, age, 15
sex, disability, sexual orientation, gender identity or expression, 16
national origin or ancestry. As used in this subsection: 17
(a) “Protective hairstyle” includes, without limitation, hairstyles 18
such as natural hairstyles, afros, bantu knots, curls, braids, locks and 19
twists. 20
(b) “Race” includes traits associated with race, including, 21
without limitation, hair texture and protective hairstyles. 22
4. It is recognized that the people of this State should be 23
afforded full and accurate information concerning actual and alleged 24
practices of discrimination and acts of prejudice, and that such 25
information may provide the basis for formulating statutory 26
remedies of equal protection and opportunity for all citizens in this 27
State. 28
Sec. 3. NRS 233.150 is hereby amended to read as follows: 29
233.150 The Commission may: 30
1. Order its Administrator to: 31
(a) With regard to public accommodation, investigate tensions, 32
practices of discrimination and acts of prejudice against any person 33
or group because of race, color, creed, sex, age, disability, sexual 34
orientation, national origin, ancestry or gender identity or expression 35
or because the person is breastfeeding a child and may conduct 36
hearings with regard thereto. 37
(b) With regard to housing, investigate tensions, practices of 38
discrimination and acts of prejudice against any person or group 39
because of race, color, creed, sex, age, disability, sexual orientation, 40
gender identity or expression, national origin or ancestry, and may 41
conduct hearings with regard thereto. 42
(c) With regard to employment, investigate: 43
(1) Tensions, practices of discrimination and acts of 44
prejudice against any person or group because of race, color, creed, 45
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sex, age, disability, sexual orientation, gender identity or expression, 1
national origin or ancestry, and may conduct hearings with regard 2
thereto; and 3
(2) Any unlawful employment practice by an employer 4
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, 5
and may conduct hearings with regard thereto. 6
As used in this paragraph, “race” includes traits associated with 7
race, including, without limitation, hair texture and protective 8
hairstyles, as defined in paragraph (a) of subsection 3 of 9
NRS 233.010. 10
2. Mediate between or reconcile the persons or groups involved 11
in those tensions, practices and acts. 12
3. Issue subpoenas for the attendance of witnesses or for the 13
production of documents or tangible evidence relevant to any 14
investigations or hearings conducted by the Commission. 15
4. Delegate its power to hold hearings and issue subpoenas to 16
any of its members or any hearing officer in its employ. 17
5. Adopt reasonable regulations necessary for the Commission 18
to carry out the functions assigned to it by law. 19
Sec. 4. Chapter 651 of NRS is hereby amended by adding 20
thereto a new section to read as follows: 21
1. Except as otherwise provided in subsection 2, it is unlawful 22
for a place of public accommodation to: 23
(a) Deny the full and equal enjoyment of the goods, services, 24
facilities, privileges, advantages and accommodations of the place 25
of public accommodation to a person because the person is 26
breastfeeding a child. 27
(b) Print, circulate, post, mail or otherwise cause to be 28
published a statement, advertisement, notice or sign: 29
(1) Stating that the place of public accommodation refuses 30
or denies the full and equal enjoyment of any good, service, 31
facility, privilege, advantage or accommodation of the place of 32
public accommodation to a person in violation of paragraph (a); 33
or 34
(2) Otherwise indicating that the patronage or presence of a 35
person at a place of public accommodation is objectionable, 36
unwelcome, unacceptable or undesirable because the person is 37
breastfeeding a child. 38
2. It is not a violation of this section for any place of public 39
accommodation to enforce a federal or state law or regulation or 40
local law or ordinance that requires the place of public 41
accommodation to prohibit a minor from entering or remaining 42
on its premises or certain areas of its premises. 43
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Sec. 5. NRS 651.050 is hereby amended to read as follows: 1
651.050 As used in NRS 651.050 to 651.110, inclusive, and 2
section 4 of this act, unless the context otherwise requires: 3
1. “Disability” means, with respect to a person: 4
(a) A physical or mental impairment that substantially limits one 5
or more of the major life activities of the person; 6
(b) A record of such an impairment; or 7
(c) Being regarded as having such an impairment. 8
2. “Gender identity or expression” means a gender-related 9
identity, appearance, expression or behavior of a person, regardless 10
of the person’s assigned sex at birth. 11
3. “Online establishment” means a business, whether or not 12
conducted for profit, which: 13
(a) Offers goods or services to the general public in this State 14
through an Internet website, mobile application or other electronic 15
medium; and 16
(b) Is not operated in conjunction with a physical location which 17
is open to the public. 18
4. “Place of public accommodation” means: 19
(a) Any inn, hotel, motel or other establishment which provides 20
lodging to transient guests, except an establishment located within a 21
building which contains not more than five rooms for rent or hire 22
and which is actually occupied by the proprietor of the 23
establishment as the proprietor’s residence; 24
(b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, 25
soda fountain, casino or any other facility where food or spirituous 26
or malt liquors are sold, including any such facility located on the 27
premises of any retail establishment; 28
(c) Any gasoline station; 29
(d) Any motion picture house, theater, concert hall, sports arena 30
or other place of exhibition or entertainment; 31
(e) Any auditorium, convention center, lecture hall, stadium or 32
other place of public gathering; 33
(f) Any bakery, grocery store, clothing store, hardware store, 34
shopping center or other sales or rental establishment; 35
(g) Any laundromat, dry cleaner, bank, barber shop, beauty 36
shop, travel service, shoe repair service, funeral parlor, office of an 37
accountant or lawyer, pharmacy, insurance office, office of a 38
provider of health care, hospital or other service establishment; 39
(h) Any terminal, depot or other station used for specified public 40
transportation; 41
(i) Any museum, library, gallery or other place of public display 42
or collection; 43
(j) Any park, zoo, amusement park or other place of recreation; 44
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(k) Any nursery, private school or university or other place of 1
education; 2
(l) Any day care center, senior citizen center, homeless shelter, 3
food bank, adoption agency or other social service establishment; 4
(m) Any gymnasium, health spa, bowling alley, golf course or 5
other place of exercise or recreation; 6
(n) Any other establishment or place to which the public is 7
invited or which is intended for public use; 8
(o) Any establishment physically containing or contained within 9
any of the establishments described in paragraphs (a) to (n), 10
inclusive, which holds itself out as serving patrons of the described 11
establishment; and 12
(p) Any online establishment. 13
5. “Sexual orientation” means having or being perceived as 14
having an orientation for heterosexuality, homosexuality or 15
bisexuality. 16
Sec. 6. NRS 651.060 is hereby amended to read as follows: 17
651.060 1. The provisions of NRS 651.050 to 651.110, 18
inclusive, and section 4 of this act do not apply to any private club, 19
private online discussion forum or other establishment not in fact 20
open to the public, except to the extent that the facilities of such 21
establishment are made available to the customers or patrons of an 22
establishment within the scope of NRS 651.050. 23
2. As used in this section, “private online discussion forum” 24
means an online forum: 25
(a) Which is operated for the primary purpose of allowing its 26
members to exercise their constitutionally protected right of 27
expressive association; 28
(b) Which has not more than 1,000 members; and 29
(c) The operator of which does not regularly receive payment, 30
directly or indirectly, from or on behalf of nonmembers for dues, 31
fees, use of facilities or goods or services for the furtherance of trade 32
or business. 33
Sec. 7. (Deleted by amendment.) 34
Sec. 8. NRS 651.090 is hereby amended to read as follows: 35
651.090 1. Any person who: 36
(a) Withholds, denies, deprives or attempts to withhold, deny or 37
deprive any other person of any right or privilege secured by NRS 38
651.070 or 651.075 [;] or section 4 of this act; 39
(b) Intimidates, threatens, coerces or attempts to threaten, 40
intimidate or coerce any other person for the purpose of interfering 41
with any right or privilege secured by NRS 651.070 or 651.075 [;] 42
or section 4 of this act; or 43
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(c) Punishes or attempts to punish any other person for 1
exercising or attempting to exercise any right or privilege secured 2
by NRS 651.070 or 651.075 [,] or section 4 of this act, 3
is liable to the person whose rights pursuant to NRS 651.070 or 4
651.075 or section 4 of this act are affected for actual damages, to 5
be recovered by a civil action in a court in and for the county in 6
which the infringement of civil rights occurred or in which the 7
defendant resides. 8
2. In an action brought pursuant to this section, the court may: 9
(a) Grant any equitable relief it considers appropriate, including 10
temporary, preliminary or permanent injunctive relief, against the 11
defendant. 12
(b) Award costs and reasonable attorney’s fees to the prevailing 13
party. 14
Sec. 9. NRS 651.100 is hereby amended to read as follows: 15
651.100 Any county or incorporated city of this state may 16
adopt a local ordinance prohibiting infringement of the rights, 17
privileges or access secured by NRS 651.070, 651.072 or 651.075 18
[,] or section 4 of this act, but such an ordinance must not apply to 19
any establishment outside the scope of NRS 651.050 and 651.060 or 20
impose a penalty more severe than that provided by NRS 651.075 or 21
651.080. A prosecution pursuant to NRS 651.075 or 651.080 is a 22
bar to any prosecution pursuant to an ordinance authorized by this 23
section. 24
Sec. 10. NRS 651.110 is hereby amended to read as follows: 25
651.110 1. Except as otherwise provided in subsection 2, any 26
person who believes he or she has been denied full and equal 27
enjoyment of the goods, services, facilities, privileges, advantages 28
and accommodations of any place of public accommodation because 29
of discrimination or segregation based on race, color, religion, 30
national origin, disability, sexual orientation, sex or gender identity 31
or expression or because the person is breastfeeding a child may 32
file a complaint to that effect with the Nevada Equal Rights 33
Commission. 34
2. A complaint may not be filed with the Nevada Equal Rights 35
Commission for a violation of NRS 651.072. 36
Sec. 11. 1. This section becomes effective upon passage and 37
approval. 38
2. Sections 1.5 to 10, inclusive, of this act become effective on 39
July 1, 2025. 40
3. Section 1 of this act becomes effective: 41
(a) Upon passage and approval for the purpose of adopting any 42
regulations and performing any other preparatory administrative 43
tasks that are necessary to carry out the provisions of this act; and 44
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(b) On October 1, 2025, for all other purposes. 1
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