AB 185 — Revises provisions relating to child care. (BDR 10-187)

(ReprintedAssembly withBill amendmentsNo. adopted on April 10, 2025) FIRST REPRINT A.B.

185185–Assemblymember AAnderson SSEMBLYCHAPTER.......... B ILLN O.

185–ASSEMBLYMEMBER ANDERSON PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to child care.

(BDR 10-187) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

setting forth certain requirements for licensing standards for certain child care facilities;

Existing law sets forth certain requirements for the licensure and operation of child care facilities by the Division of Welfare and Supportive Services of the Department of Health and Human Services or the governing body of a county or an incorporated city.

(NRS 432A.131-432A.220) Existing law authorizes the unit- owners’ association of a common-interest community to adopt rules and regulations prohibits, with certain exceptions, the executive board and governing documents of a unit-owners’ association from prohibiting the common-interestoperation community.of a licensed child care facility by a unit’s owner or tenant provided that the licensed child care facility provides care for at least 5 but not more than 12 children.

(NRS 116.3102) Section 1 ofauthorizes this bill prohibits, with certain exceptions, the executive board and governing documents ofto: facility by a unit’s owner provided that the licensed child care facility provides care for at least 5 but not more than 12 children.

Section(1) 1 authorizes the executive board and governing documents to impose conditions or restrictions on a licensed child care facility that are consistent with the conditions and requirements to obtain a license for a child care facility.facility;

Section(2) 1limit furtherthe providesnumber thatof theselicensed provisionschild apply,care withfacilities certainthat exceptions,may tooperate ain the common-interest community,community; including, without to a master association.

Additionally, section 1 provides that these provisions do not apply to a common-interestchild communitycare thatfacility; imposes certain age restrictions.

Existingor law(4) setsrequire forththe variouslicensed requirementschild forcare rentalfacility agreementsto betweenadd athe landlordunit-f andowners’ tenantassociation foras thean useadditional andinsured occupancyon the policy of ainsurance dwellingmaintained unitby orthe premises.child care facility.

(ChapterSection 118A1 offurther NRS)provides Sectionthat 2these ofprovisions thisapply, billwith authorizescertain aexceptions, tenant to operate a -common-interest *AB185_R1*community, –including, 2without –limitation, licenseda childmaster careassociation facilityand thatany providescommon-interest carecommunity forthat atis leastsubject 5to buta notmaster moreassociation. than 12 children unless otherwise prohibited by the terms of the rental agreement.

ExistingAdditionally, lawsection requires1 theprovides Statethat Boardthese ofprovisions Healthdo tonot adoptapply licensingto standards for of a countycommon-interest orcommunity incorporatedthat cityis tohousing establish an agency for theolder licensingpersons ofor childcontains carecertain facilitiesunits that doshare notan needinterior towall bewith licensedanother byunit. the Division.

Suchlandlord and tenant for the use and occupancy of a licensingdwelling agencyunit isor requiredpremises.n a (Chapter 118A of NRS) Section 2 of this bill authorizes a tenant to adoptoperate standardsa andlicensed regulationschild care facility that must:provides care for at least 5 but not more than 12 children unless otherwise prohibited by the terms of the rental agreement.

(1)EXPLANATION not– beMatter lessin restrictivebolded thanitalics theis standardsnew; and regulations adopted by the Board;

andmatter (2)between bebrackets approved[omitted bymaterial] theis Division.material to be omitted.

(NRS 432A.131) Sections 7 and 8 of this bill prohibit the licensing agency from prohibiting the licensure of a child care facility that provides care for at least 5 but not more than 12 children and does not have an outdoor play space that is located:

(1) in a multi-family dwelling or an apartment or condominium building;

and (2) within 1 mile of an accessible park, school or space that is open to the public for outdoor recreation.

Except as otherwise provided in this section, the executive board shall not and the governing documents must not prohibit a unit’s- owner83rd fromSession operating(2025) a– licensed2 child– care facility within such physical portion of the common-interest community asaslity that owner or tenant has a right to occupy and use exclusively.

The executive board and the governing documents maymay: impose conditions or restrictions on a licensed child care facility that are consistent with the requirements to obtain a license for a child care facility pursuant to chapter 432A of NRS.

3.(a) Impose conditions or restrictions on a licensed child care facility that are consistent with the requirements to obtain a license for a child care facility pursuant to chapter 432A of NRS;

Except(b) asLimit otherwise provided in subsection 4, the provisionsnumber of thislicensed sectionchild applycare tofacilities ain the common-interest community,community including,to withoutone limitation,licensed achild mastercare associationfacility andor anyone common-interestlicensed communitychild thatcare isfacility subjectper to200 aunits, masterwhichever association.is greater;

(c) Require a unit’s owner or tenant to file a notice with the executive board or a designee of the executive board of an application for licensure of a child care facility;

or (d) Require the licensed child care facility to add the unit- owners’ association as an additional insured in an insurance policy held by the licensed child care facility in an amount not to exceed the amount required by the licensing agency for the chi3.carExcept as otherwise provided in subsection 4, the provisions of this section apply to a common-interest community, including, without limitation, a master association and any common-interest community that is subject to a master association.

The provisions of this section do not apply to a common- interest community thatthat: imposes age restrictions to require that a certain amount of unit owners or residents are 50 years of age or older.

(a) Is housing for older persons;

or (b) Contains units that share an interior wall with another unit, including, without limitation, a condominium or townhouse.

AsNothing used in this section,section “licensedshall childbe careconstrued facility”to meansexempt a childunit’s careowner facilityor licensedtenant pursuantfrom tocompliance chapterwith 432Aany ofprovision NRSin the governing documents that providesapply careto foreach atunit’s leastowner 5or buttenant, notincluding, morewithout thanlimitation, 12any children.provisions governing nuisances, use of common-areas, parking, signage and traffic.

Sec.(a) “Housing for older persons” has the meaning ascribed to it in 42 U.S.C.

2.§ 3607.

Chapter(b) 118A“Licensed child care facility” means a child care facility licensed pursuant to chapter 432A of NRS isthat herebyprovides amendedcare byfor addingat theretoleast a5 newbut sectionnot tomore readthan as12 follows:children.

- 83rd Session (2025) – 3 – thereto a new section to read as follows:by amended by adding 1.