AB 416 — Revises provisions concerning access to certain library materials. (BDR 34-925)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 21, 2025) FIRST REPRINT A.B.

416416–Assemblymembers AMiller, SSEMBLYLa BILLRue NOHatch, .Anderson, Considine;

416–ASSEMBLYMEMBERSGonzález Mand ILLER,Moore LARCHAPTER.......... UE H ATCH , ANDERSON , ONSIDINE ;

GONZÁLEZ AND M OORE M ARCH 12, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions concerning access to certain library materials.

(BDR 34-925) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existingthe lawdistrict authorizescourt ato districthave attorneyan item or citymaterial attorneydeclared toobscene fileand ato complaintenjoin ownert in and possessor of the item or material from selling, renting, exhibiting, reproducing, manufacturing or distributing it.

and (3) depicts or describes in a patently offensive way genitals.certain sexual acts, excretory functions, sadism or masochism or lewdly exhibits the a school district, the governing body of a charter school, a school employee or aes of volunteer from taking certain actions which limit the access of pupils to library materials of a school library;

(NRS 201.235) Section 2 of this bill:

(1) prohibits the board of trustees of a school district, the governing body of a charter school, a school employee or a volunteer from taking certain actions which limit the access of pupils to library materials of a school library;

Section 2 additionally authorizes a person who meets certain collectionrequirements ofand awho schoolobjects library to petitionthe ainclusion courtof forany thelibrary removalmaterial ofin the materialcollection andof -a *AB416_R1*school –library 2to –petition authorizes a court tofor order the removal of suchthe material ifand the court determines that the material is obscene, based on a definition of obscenity which is substantiallysubstantiallyhat similar to the definition of obscenity in existing law.

11, § 4) Section 3.2 of this bill authorizes the NevadaBoard System of HigherRegents Educationto oradopt ana employeepolicy ofthat suchprohibits an institution fromwithinwithin limiting the accessNevada System of studentsHigher andEducation employeesor toan anyemployee library materials of asuch libraryan atinstitution from such an institution.

Section 3.2 additionally provides requirements that are similarsimilarat to those set forth in section 2 with which such a policy must comply.

or (2) induce or compel the board of trustees of a school district, the governing body of a charter school, a school employee or a volunteer to violate the provisions of section 2.

Section 3 further makes it a crime, - 83rd Session (2025) – 2 – punishable as a category E felony, for any person to disseminate any personal identifying information or sensitive information of a member of the board of trustees of a school district, a member of the governing body of a charter school, a school employee, a volunteer or a pupil without consent, knowing that the member, person disseminates such personal identifying information or sensitive information in retaliation for the victim accessing or allowing a pupil to access library materials from a school library with the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking or with the intent to cause harm to the member, school employee, volunteer or pupil couldand bewith identifiedknowledge byof suchor information,reckless if:disregard for the bodily injury or stalking;

(1)and (2) the persondissemination disseminatesof suchthe personal identifying information or sensitive information fromwould cause a schoolreasonable libraryperson with the intent to aid,fear assist,the encourage,death, facilitate,bodily furtherinjury or promotestalking anyof criminalhimself offenseor whichherself wouldor bea reasonablyclose likelyrelation toor causecauses the death, bodily injury or stalking orof with the intentvictim towhose causeinformation harmwas todisseminated the member, school employee, volunteer or pupila andclose withrelation knowledge of or reckless disregard for the reasonablevictim. likelihood that the dissemination of the information may cause death, bodily injury or stalking;

andSections (2)3.3 theand dissemination3.8 of thethis personalbill identifyingcreate informationsimilar orprotections sensitivefor information would cause a reasonablemember personof to fear the death,Board bodilyof injuryRegents, oran stalkingemployee of himselfan orinstitution herselflibrary or a closelibrary relationemployee, orrespectively.of causesa thegoverning orbody of a closepublic relationEXPLANATION of– theMatter victim.in bolded italics is new;

Sectionsmatter 3.3between andbrackets 3.8[omitted ofmaterial] thisis billmaterial createto similarbe protectionsomitted. for a member of the Board of Regents, an employee of an institution within the System or a student and a member of a governing body of a public library or a library employee, respectively.

- *AB416_R1* – 3 – (b) Moving library materials to other sections of the library or school premises for the purpose of concealing the presence of the materials;

3.- 83rd Session (2025) – 3 – body of a charter school or an administrator or school librarying media specialist of a school may adopt a rule or policy which has the effect of limiting access to library materials by a pupil if:

The board of trustees of a school district, the governing body of a charter school or an administrator or school library media specialist of a school may adopt a rule or policy which has the effect of limiting access to library materials by a pupil if:

and (b) The rule or policy is not based on the content of the library materials or the sex, race, national origin, religion, gender identity or expression, sexual orientation, physical or mental disability, political affiliation or any other distinguishing characteristic or background of:

- *AB416_R1* – 4 – (a) Resides in the school district in which the school library which contains the contested library materials is located;

and (b) Is the parent or legal guardian of a pupil enrolled in the school in which the school library which contains the contestedcontestedhe library materials is located.

The board of trustees of a school district and the governing body of a charter school shall maintain a list of all of the library materials which have been ordered to be removed from circulation from a school library within the school district or charter school pursuant to subsection 4 and make the list available to any school employee who is involved in the selection and purchase of - 83rd Session (2025) – 4 – materials for the collection of a school library within the school district or charter school.

A school employee or a volunteer shall not be dismissed, disciplined, demoted, involuntarily transferred, retaliated against, investigated, fined or imprisoned for the selection, display or circulation of library materials in accordance with the provisions of this section, including, without limitation, in a library, classroom or other instructional setting.

(II) Depicts or describes in a patently offensive way masturbation,masturbati(III) excretoryLewdly functions,exhibits sadismthe orgenitals.masochism. masochism.

(III) Lewdly exhibits the genitals.

- *AB416_R1* – 5 – (e) “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a public school during or outside of school hours, including, without limitation, a person who works in or oversees a school library.

or - 83rd Session (2025) – 5 – (b) Induce or compel the board of trustees of a school district, the governing body of a charter school, a school employee or a volunteer to violate the provisions of section 2 of this act.

The provisions of subsection 1 apply regardless of whether a person uses or threatens or attempts to use force, intimidation, coercion, violence, restraint or undue influence on school property or at a location other than on school property.

(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation;

- *AB416_R1* – 6 – 4.

(b)- “Personal83rd identifyingSession information”(2025) has– the6 meaning– ascribed to it in NRS 205.4617.205.4617.formation” has the meaning (c) “School employee” means a licensed or unlicensed person, including, without limitation, a teacher, administrator or school library media specialist, employed by a school, including, without limitation, a charter school.

(c) “School employee” means a licensed or unlicensed person, including, without limitation, a teacher, administrator or school library media specialist, employed by a school, including, without limitation, a charter school.