AB421 - Provides immunity from civil liability for certain acts and omissions of volunteer security personnel of a religious organization under certain circumstances. (BDR 3-322)

A.B. 421 - *AB421* ASSEMBLY BILL NO. 421–ASSEMBLYMEMBERS HANSEN, GRAY, HAFEN, DICKMAN; EDGEWORTH, GURR, HARDY, HIBBETTS AND KOENIG MARCH 13, 2025 ____________ JOINT SPONSORS: SENATORS HANSEN, ELLISON, BUCK; AND STONE ____________ Referred to Committee on Judiciary SUMMARY—Provides immunity from civil liability for certain acts and omissions of volunteer security personnel of a religious organization under certain circumstances. (BDR 3-322) 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. AN ACT relating to civil liability; providing immunity from civil liability for certain acts and omissions of volunteer security personnel of a religious organization under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that a volunteer of a charitable organization is immune 1 from liability for civil damages as a result of an act or omission concerning services 2 the volunteer performs for the charitable organization that are not supervisory in 3 nature and are not part of any duties or responsibilities the volunteer may have as 4 an officer, director or trustee of the charitable organization, unless the act is 5 intentional, willful, wanton or malicious. However, this provision of existing law 6 does not restrict the liability of a charitable organization for the acts or omissions of 7 a volunteer performing services on its behalf. (NRS 41.485) Existing law also 8 provides that, with certain exceptions, nonprofit corporations, associations and 9 organizations formed under the laws of this State are not immune from civil 10 liability for injury or damage arising out of negligent or wrongful acts under certain 11 circumstances. (NRS 41.480) 12 Section 1 of this bill provides that in addition to any other immunity from civil 13 liability provided by existing law, volunteer security personnel of a religious 14 organization who are providing safety, security or protection services for a religious 15 organization are immune from civil liability for injury or damage caused by their 16 – 2 – - *AB421* acts or omissions if: (1) such volunteer security personnel are acting within the 17 scope of their duties or responsibilities as volunteer security personnel; and (2) such 18 acts or omissions are not reckless, wanton or grossly negligent. Section 1 also 19 provides that in addition to any other immunity from civil liability provided by 20 existing law, a religious organization is immune from civil liability for the acts or 21 omissions of its volunteer security personnel who are providing safety, security or 22 protection services on its behalf. 23 Section 2 of this bill makes a conforming change to reflect the changes made 24 by section 1. Section 3 of this bill provides that the amendatory provisions of this 25 bill apply to a civil action that is filed on or after October 1, 2025. 26 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 41 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. In addition to any other immunity from civil liability 3 provided by law, volunteer security personnel of a religious 4 organization who are providing safety, security or protection 5 services for a religious organization are immune from civil 6 liability for injury or damage caused by their acts or omissions if: 7 (a) Such volunteer security personnel are acting within the 8 scope of their duties and responsibilities as volunteer security 9 personnel; and 10 (b) Such acts or omissions are not reckless, wanton or grossly 11 negligent. 12 2. In addition to any other immunity from civil liability 13 provided by law, a religious organization is immune from civil 14 liability for the acts or omissions of its volunteer security 15 personnel who are providing safety, security or protection services 16 on its behalf pursuant to subsection 1. 17 3. As used in this section: 18 (a) “Religious organization” means an organization for which 19 the primary purpose is the operation of a church, synagogue, 20 mosque, temple or other place of religious worship at which 21 religious services and activities are regularly conducted. 22 (b) “Volunteer security personnel” means persons who provide 23 safety, security or protection services for a religious organization: 24 (1) Without compensation, other than reimbursement for 25 actual and necessary expenses on behalf of or to benefit the 26 religious organization; and 27 (2) To protect persons who are attending a service, meeting, 28 class or other gathering held at, or sponsored by, the religious 29 organization or to secure and protect its property. 30 – 3 – - *AB421* Sec. 2. NRS 41.480 is hereby amended to read as follows: 1 41.480 1. Except as otherwise provided [in NRS 41.519,] by 2 specific statute, a nonprofit corporation, association or organization 3 formed under the laws of this State is not immune from liability for 4 the injury or damage caused any person, firm or corporation as a 5 result of the negligent or wrongful act of the nonprofit corporation, 6 association or organization, or its agents, employees or servants 7 acting within the scope of their agency or employment. 8 2. No action may be brought against an officer, trustee, director 9 or other possessor of the corporate powers of a nonprofit association 10 or trust formed under the laws of this State based on any act or 11 omission arising from failure in his or her official capacity to 12 exercise due care regarding the management or operation of the 13 entity unless the act or omission involves intentional misconduct, 14 fraud or a knowing violation of the law. 15 Sec. 3. The amendatory provisions of this act apply to a civil 16 action that is filed on or after October 1, 2025. 17 H