Revises provisions relating to civil liability. (BDR 3-1022)
Summary
SB406 creates a targeted civil-liability immunity for the State of Nevada, Nevada System of Higher Education institutions, and their officers or employees for certain acts or omissions taken in response to the COVID-19 public-health crisis. The immunity applies only when the conduct was reasonably related to public health and safety, was performed in good faith, and the claim arises from tuition or fees paid for the spring 2020 semester. The bill defines covered conduct broadly to include campus closures, limits on access, transitions to remote instruction, and other interference with educational services, student services, or related programs.
The bill also amends Nevada’s general sovereign-immunity statute to cross-reference this new protection, preserves existing immunity where applicable, and makes the new immunity cumulative with other immunities already recognized by law. It applies retroactively to actions filed on or after March 12, 2020, so long as final judgment has not yet been entered, and it sunsets on June 30, 2030. The Legislature states that the purpose is to protect the state treasury, support the long-term stability of higher education institutions, and encourage effective responses to future health crises in line with government guidance.
Impact
SB406 narrows potential civil claims against the State and Nevada public higher-education institutions arising from pandemic-era decisions affecting spring 2020 educational services, especially tuition- and fee-related disputes. It effectively bars damages claims tied to good-faith COVID-19 response measures, including remote instruction and campus restrictions, for qualifying cases still pending. The bill amends NRS 41.031 to incorporate this immunity into Nevada’s sovereign-immunity framework and applies it retroactively to pending actions, while leaving other immunity provisions intact.
Sentiment
The voting history suggests generally favorable legislative sentiment toward the bill, with strong majorities in both chambers: 17-4 in the Senate and 35-7 in the Assembly. That pattern indicates broad support for shielding the state and higher-education institutions from pandemic-related liability exposure. The bill’s stated policy rationale—protecting public finances and institutional stability—appears to have resonated with most lawmakers.
Contention
The main point of contention is the retroactive elimination or limitation of civil claims by students and other plaintiffs seeking relief for tuition, fees, or disrupted educational services during the spring 2020 COVID-19 shutdowns. Opponents likely object to the bill’s broad definition of covered conduct and its application to cases filed since March 12, 2020, because it can extinguish pending litigation before final judgment. Supporters, by contrast, emphasize good-faith public-health decision-making, fiscal protection, and the need to avoid exposing the state and universities to damages for emergency pandemic responses.