SB 406 — Revises provisions relating to civil liability. (BDR 3-1022)

(ReprintedSenate withBill amendmentsNo. adopted on April 14, 2025) FIRST REPRINT S.B.

406406–Committee Son ENATEJudiciary BILLCHAPTER.......... N O.

406–C OMMITTEE ON JUDICIARY M ARCH 20, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil liability.

(BDR 3-1022) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

inUnder civilexisting actions;law, the State of Nevada:

(1) waives its immunity from liability in civil actions;

(NRS 41.031) Existing 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 is are immune from civil liability for any damages sustained as a result of certain acts or omissions of the State, institution of higher education, officer or employee in response to or on the basis of the public-health crisis caused by the COVID-19 pandemic.

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 judgmenttivelyjudgment has not been rendered.

-EXPLANATION *SB406_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

and (b)- The83rd claimSession arises(2025) out– of2 or– in connection with tuition or fees paid to an institution of higher education for the spring semestersemesteres of 2020.

(1) Caused the cessation of educational services for any period(2)period; 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;

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;

or - *SB406_R1* – 3 – (2) Written order, directive or other document published by a federal, state or local government or regulatory body.

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 anyanyany other.

The term includes, without limitation, educational instruction, academic support services and student services, regardless of whether such services are provided directly by the institution- of83rd higherSession education(2025) or– by3 external– entities as ancillary to student engagement or development.

external entities as ancillary (b) “Institution of higher education” means a university, state college or community college which is part of the Nevada System of Higher Education.

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 natural 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 withwithsly the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive [.] , and section 1 of this act.

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 - *SB406_R1* – 4 – department, commission, board or other agency of the State whose actionsNevada aremust be filed in the basiscounty forwhere the suit.cause or some part of thereof arose or in Carson City.

AnIn an action against the State of NevadaNevada, mustthe besummons filedand ina thecopy countyof where the causecomplaint ormust somebe partserved thereofupon: arose or in Carson City.

In an action against the State of upon:a, the summons and a copy of the complaint must be served (a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City;

3.- 83rd Session (2025) – 4 – conferred by Amendment XI of the Constitution of the Unitedsuit States.

The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

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