S.B. 441
- *SB441*
SENATE BILL NO. 441–SENATOR DONDERO LOOP
MARCH 27, 2023
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to public health.
(BDR 40-451)
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 public health; eliminating the requirement for
the Director of the Department of Health and Human
Services or certain district boards of health to adopt
regulations requiring certain protocols and plans
concerning the prevention of and response to SARS-CoV-
2; eliminating the requirement for an inspection of public
accommodation facilities for compliance with such
requirements; prospectively eliminating a limitation on
the civil liability of certain businesses conducted for
profit, governmental entities and private nonprofit
organizations for personal injury or death resulting from
exposure to COVID-19; prospectively removing the
authority of the Secretary of State to suspend the state
business license of a person who does not comply with
certain health standards related to COVID-19; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Senate Bill No. 4 of the 32nd Special Session of the Nevada Legislature (S.B. 1
4), in general, requires the Director of the Department of Health and Human 2
Services and district boards of health in a county whose population is 100,000 or 3
more (currently Clark and Washoe Counties) to adopt by regulation requirements to 4
reduce and prevent the transmission of SARS-CoV-2 in public accommodation 5
facilities in those counties and provided for the enforcement of these regulations. 6
(Sections 3-15 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 7
95; NRS 447.300-447.355) Under S.B. 4, these regulations apply only during the 8
duration of a declaration of a public health emergency due to SARS-CoV-2 or 9
during certain other periods in which conditions concerning the prevalence of 10
SARS-CoV-2 exist. (NRS 447.325) 11
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S.B. 4 further provides that certain businesses conducted for profit, 12
governmental entities and private nonprofit organizations are immune from civil 13
liability for personal injury or death resulting from exposure to COVID-19 if the 14
business, governmental entity or private nonprofit organization substantially 15
complies with controlling health standards. (Section 29 of chapter 8, Statutes of 16
Nevada 2020, 32nd Special Session, at page 107; NRS 41.835) Under existing law, 17
these provisions apply only to any cause of action or claim that accrues before, on 18
or after August 7, 2020, and before the later of: (1) the date on which the Governor 19
terminates the emergency described in the Declaration of Emergency for COVID-20
19 issued on March 12, 2020; or (2) July 1, 2023. (Section 34 of chapter 8, Statutes 21
of Nevada 2020, 32nd Special Session, at page 114) The Governor terminated the 22
emergency described in the Declaration of Emergency for COVID-19 effective on 23
May 20, 2022, and, thus, these provisions expire on July 1, 2023. 24
S.B. 4 authorizes the Secretary of State to suspend the state business license of 25
a person holding a state business license who does not comply with controlling 26
health standards related to COVID-19. (Section 30 of chapter 8, Statutes of Nevada 27
2020, 32nd Special Session, at page 108; NRS 76.172) 28
This bill repeals the provisions of S.B. 4, effective upon passage and approval 29
of this bill. Section 13 of this bill declares void any regulations adopted by the 30
Director of the Department of Health and Human Services or a district board of 31
health pursuant to S.B. 4. Section 14 of this bill provides that the repeal of the 32
provisions of S.B. 4 do not apply to a cause of action or claim arising from a 33
personal injury or death accruing before the effective date of this bill or prevent the 34
suspension of a state business license for a violation of controlling health standards 35
that occurred before the effective date of this bill. Section 14 further clarifies that 36
notwithstanding the provisions of S.B. 4 that provide that the limitations on civil 37
liability set forth in NRS 41.810 to 41.835, inclusive, apply to any cause of action 38
or claim arising from a personal injury or death that accrues before July 1, 2023, 39
these limitations on civil liability do not apply to any cause of action or claim 40
arising from an injury or death that accrues on or after the effective of this act and 41
before July 1, 2023. 42
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.366 is hereby amended to read as follows: 1
439.366 1. The district board of health has the powers, duties 2
and authority of a county board of health in the health district. 3
2. The district health department has jurisdiction over all public 4
health matters in the health district. 5
3. [The district health department: 6
(a) Shall, upon the request of the Nevada Gaming Control 7
Board, advise and make recommendations to the Board on public 8
health matters related to an establishment that possesses a 9
nonrestricted gaming license as described in NRS 463.0177 or a 10
restricted gaming license as described in NRS 463.0189 in the 11
health district. 12
(b) May, upon the request of the Nevada Gaming Control Board, 13
enforce regulations adopted by the Board concerning matters of 14
public health against an establishment that possesses a nonrestricted 15
– 3 –
- *SB441*
gaming license as described in NRS 463.0177 or a restricted gaming 1
license as described in NRS 463.0189 in the health district. 2
4.] In addition to any other powers, duties and authority 3
conferred on a district board of health by this section, the district 4
board of health may by affirmative vote of a majority of all the 5
members of the board adopt regulations consistent with law, which 6
must take effect immediately on their approval by the State Board of 7
Health, to: 8
(a) Prevent and control nuisances; 9
(b) Regulate sanitation and sanitary practices in the interests of 10
the public health; 11
(c) Provide for the sanitary protection of water and food 12
supplies; 13
(d) Protect and promote the public health generally in the 14
geographical area subject to the jurisdiction of the health district; 15
and 16
(e) Improve the quality of health care services for members of 17
minority groups and medically underserved populations. 18
[5.] 4. Before the adoption, amendment or repeal of a 19
regulation, the district board of health must give at least 30 days’ 20
notice of its intended action. The notice must: 21
(a) Include a statement of either the terms or substance of the 22
proposal or a description of the subjects and issues involved, and of 23
the time when, the place where and the manner in which interested 24
persons may present their views thereon; 25
(b) State each address at which the text of the proposal may be 26
inspected and copied; and 27
(c) Be mailed to all persons who have requested in writing that 28
they be placed on a mailing list, which must be kept by the board for 29
such purpose. 30
[6.] 5. All interested persons must be afforded a reasonable 31
opportunity to submit data, views or arguments, orally or in writing, 32
on the intended action to adopt, amend or repeal the regulation. 33
With respect to substantive regulations, the district board of health 34
shall set a time and place for an oral public hearing, but if no one 35
appears who will be directly affected by the proposal and requests 36
an oral hearing, the district board of health may proceed 37
immediately to act upon any written submissions. The district board 38
of health shall consider fully all written and oral submissions 39
respecting the proposal. 40
[7.] 6. The district board of health shall file a copy of all of its 41
adopted regulations with the county clerk. 42
Sec. 2. NRS 439.410 is hereby amended to read as follows: 43
439.410 1. The district board of health has the powers, duties 44
and authority of a county board of health in the health district. 45
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2. The district health department has jurisdiction over all public 1
health matters in the health district, except in matters concerning 2
emergency medical services pursuant to the provisions of chapter 3
450B of NRS. 4
3. [The district health department in a county whose population 5
is 100,000 or more but less than 700,000: 6
(a) Shall, upon the request of the Nevada Gaming Control 7
Board, advise and make recommendations to the Board on public 8
health matters related to an establishment that possesses a 9
nonrestricted gaming license as described in NRS 463.0177 or a 10
restricted gaming license as described in NRS 463.0189 in the 11
health district. 12
(b) May, upon the request of the Nevada Gaming Control Board, 13
enforce regulations adopted by the Board concerning matters of 14
public health against an establishment that possesses a nonrestricted 15
gaming license as described in NRS 463.0177 or a restricted gaming 16
license as described in NRS 463.0189 in the health district. 17
4.] In addition to any other powers, duties and authority 18
conferred on a district board of health by this section, the district 19
board of health may by affirmative vote of a majority of all the 20
members of the board adopt regulations consistent with law, which 21
must take effect immediately on their approval by the State Board of 22
Health, to: 23
(a) Prevent and control nuisances; 24
(b) Regulate sanitation and sanitary practices in the interests of 25
the public health; 26
(c) Provide for the sanitary protection of water and food 27
supplies; and 28
(d) Protect and promote the public health generally in the 29
geographical area subject to the jurisdiction of the health district. 30
[5.] 4. Before the adoption, amendment or repeal of a 31
regulation, the district board of health must give at least 30 days’ 32
notice of its intended action. The notice must: 33
(a) Include a statement of either the terms or substance of the 34
proposal or a description of the subjects and issues involved, and of 35
the time when, the place where and the manner in which interested 36
persons may present their views thereon. 37
(b) State each address at which the text of the proposal may be 38
inspected and copied. 39
(c) Be mailed to all persons who have requested in writing that 40
they be placed on a mailing list, which must be kept by the district 41
board for such purpose. 42
[6.] 5. All interested persons must be afforded a reasonable 43
opportunity to submit data, views or arguments, orally or in writing, 44
on the intended action to adopt, amend or repeal the regulation. 45
– 5 –
- *SB441*
With respect to substantive regulations, the district board shall set a 1
time and place for an oral public hearing, but if no one appears who 2
will be directly affected by the proposal and requests an oral 3
hearing, the district board may proceed immediately to act upon any 4
written submissions. The district board shall consider fully all 5
written and oral submissions respecting the proposal. 6
[7.] 6. Each district board of health shall file a copy of all of 7
its adopted regulations with the county clerk of each county in 8
which it has jurisdiction. 9
Sec. 3. NRS 447.003 is hereby amended to read as follows: 10
447.003 As used in [NRS 447.003 to 447.210, inclusive,] this 11
chapter, unless the context otherwise requires, the words and terms 12
defined in NRS 447.007 and 447.010 have the meanings ascribed to 13
them in those sections. 14
Sec. 4. NRS 447.020 is hereby amended to read as follows: 15
447.020 1. All bedding, bedclothes or bed covering, 16
including mattresses, quilts, blankets, sheets, pillows or comforters, 17
used in any hotel in this state must be kept clean and free from all 18
filth or dirt. 19
2. No bedding, bedclothes or bed covering, including 20
mattresses, quilts, blankets, sheets, pillows or comforters, shall be 21
used which is worn out or unsanitary for use by human beings 22
according to the true intent and meaning of [NRS 447.003 to 23
447.210, inclusive.] this chapter. 24
Sec. 5. NRS 447.050 is hereby amended to read as follows: 25
447.050 It is unlawful for any person to use, or to permit 26
another person to use, any of the following portions of a hotel for 27
living or sleeping purposes: 28
1. Any kitchen, cellar, hallway, water closet, bath, shower 29
compartment, or slop-sink room. 30
2. Any other room or place which does not comply with the 31
provisions of [NRS 447.003 to 447.210, inclusive,] this chapter, or 32
in which, in the judgment of the health authority, living or sleeping 33
is dangerous or prejudicial to life or health by reason of an 34
overcrowded condition, a want of light, windows, ventilation or 35
drainage, dampness, or offensive or obnoxious odors or poisonous 36
gases in the room or place, or a lack of exits as required by the 37
Uniform Building Code in the form most recently adopted before 38
January 1, 1985, by the International Conference of Building 39
Officials. 40
Sec. 6. NRS 447.150 is hereby amended to read as follows: 41
447.150 1. The health authority may exempt any hotel built 42
prior to October 1, 1945, from having the number of water closets, 43
bathtubs or showers required by [NRS 447.003 to 447.210, 44
inclusive,] this chapter for the following reason: The exemption 45
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- *SB441*
will not result in detriment to the health of the occupants or to the 1
sanitation of the building. 2
2. The health authority has no authority under this section to 3
exempt any hotel or portion of a hotel built after October 1, 1945, 4
from having the number of water closets, bathtubs or showers 5
required by [NRS 447.003 to 447.210, inclusive.] this chapter. 6
Sec. 7. NRS 447.190 is hereby amended to read as follows: 7
447.190 The health authority is charged with the enforcement 8
of [NRS 447.003 to 447.210, inclusive.] this chapter. The health 9
authority shall keep a record of hotels inspected, and the record or 10
any part thereof may, in the discretion of the health authority, be 11
included in the biennial report to the Director of the Department of 12
Health and Human Services. 13
Sec. 8. NRS 447.200 is hereby amended to read as follows: 14
447.200 The health authority shall have access at any time to 15
any hotel in this State for the purpose of making inspections and 16
carrying out the provisions of [NRS 447.003 to 447.210, inclusive.] 17
this chapter. 18
Sec. 9. NRS 447.210 is hereby amended to read as follows: 19
447.210 1. Every proprietor, owner, manager, lessee or other 20
person in charge of any hotel in this state who fails to comply with 21
the provisions of [NRS 447.003 to 447.200, inclusive,] this chapter 22
or any of the provisions of the regulations hereby established 23
whether through the acts of himself or herself, his or her agent or 24
employees is guilty of a misdemeanor. 25
2. Every day that any hotel is in violation of any of the 26
provisions of [NRS 447.003 to 447.200, inclusive,] this chapter 27
constitutes a separate offense. 28
Sec. 10. NRS 233B.039 is hereby amended to read as follows: 29
233B.039 1. The following agencies are entirely exempted 30
from the requirements of this chapter: 31
(a) The Governor. 32
(b) Except as otherwise provided in NRS 209.221 and 209.2473, 33
the Department of Corrections. 34
(c) The Nevada System of Higher Education. 35
(d) The Office of the Military. 36
(e) The Nevada Gaming Control Board. 37
(f) Except as otherwise provided in NRS 368A.140 and 463.765, 38
the Nevada Gaming Commission. 39
(g) Except as otherwise provided in NRS 425.620, the Division 40
of Welfare and Supportive Services of the Department of Health and 41
Human Services. 42
(h) Except as otherwise provided in NRS 422.390, the Division 43
of Health Care Financing and Policy of the Department of Health 44
and Human Services. 45
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- *SB441*
(i) Except as otherwise provided in NRS 533.365, the Office of 1
the State Engineer. 2
(j) The Division of Industrial Relations of the Department of 3
Business and Industry acting to enforce the provisions of 4
NRS 618.375. 5
(k) The Administrator of the Division of Industrial Relations of 6
the Department of Business and Industry in establishing and 7
adjusting the schedule of fees and charges for accident benefits 8
pursuant to subsection 2 of NRS 616C.260. 9
(l) The Board to Review Claims in adopting resolutions to carry 10
out its duties pursuant to NRS 445C.310. 11
(m) The Silver State Health Insurance Exchange. 12
(n) The Cannabis Compliance Board. 13
2. Except as otherwise provided in subsection 5 and NRS 14
391.323, the Department of Education, the Board of the Public 15
Employees’ Benefits Program and the Commission on Professional 16
Standards in Education are subject to the provisions of this chapter 17
for the purpose of adopting regulations but not with respect to any 18
contested case. 19
3. The special provisions of: 20
(a) Chapter 612 of NRS for the adoption of an emergency 21
regulation or the distribution of regulations by and the judicial 22
review of decisions of the Employment Security Division of the 23
Department of Employment, Training and Rehabilitation; 24
(b) Chapters 616A to 617, inclusive, of NRS for the 25
determination of contested claims; 26
(c) Chapter 91 of NRS for the judicial review of decisions of the 27
Administrator of the Securities Division of the Office of the 28
Secretary of State; and 29
(d) NRS 90.800 for the use of summary orders in contested 30
cases, 31
prevail over the general provisions of this chapter. 32
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 33
233B.126 do not apply to the Department of Health and Human 34
Services in the adjudication of contested cases involving the 35
issuance of letters of approval for health facilities and agencies. 36
5. The provisions of this chapter do not apply to: 37
(a) Any order for immediate action, including, but not limited 38
to, quarantine and the treatment or cleansing of infected or infested 39
animals, objects or premises, made under the authority of the State 40
Board of Agriculture, the State Board of Health, or any other agency 41
of this State in the discharge of a responsibility for the preservation 42
of human or animal health or for insect or pest control; 43
(b) An extraordinary regulation of the State Board of Pharmacy 44
adopted pursuant to NRS 453.2184; 45
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- *SB441*
(c) A regulation adopted by the State Board of Education 1
pursuant to NRS 388.255 or 394.1694; 2
(d) The judicial review of decisions of the Public Utilities 3
Commission of Nevada; 4
(e) The adoption, amendment or repeal of policies by the 5
Rehabilitation Division of the Department of Employment, Training 6
and Rehabilitation pursuant to NRS 426.561 or 615.178; 7
(f) The adoption or amendment of a rule or regulation to be 8
included in the State Plan for Services for Victims of Crime by the 9
Department of Health and Human S ervices pursuant to 10
NRS 217.130; 11
(g) The adoption, amendment or repeal of rules governing the 12
conduct of contests and exhibitions of unarmed combat by the 13
Nevada Athletic Commission pursuant to NRS 467.075; 14
(h) [The adoption, amendment or repeal of regulations by the 15
Director of the Department of Health and Human Services pursuant 16
to NRS 447.335 to 447.350, inclusive; 17
(i)] The adoption, amendment or repeal of standards of content 18
and performance for courses of study in public schools by the 19
Council to Establish Academic Standards for Public Schools and the 20
State Board of Education pursuant to NRS 389.520; 21
[(j)] (i) The adoption, amendment or repeal of the statewide 22
plan to allocate money from the Fund for a Resilient Nevada created 23
by NRS 433.732 established by the Department of Health and 24
Human Services pursuant to paragraph (b) of subsection 1 of NRS 25
433.734; or 26
[(k)] (j) The adoption or amendment of a data request by the 27
Commissioner of Insurance pursuant to NRS 687B.404. 28
6. The State Board of Parole Commissioners is subject to the 29
provisions of this chapter for the purpose of adopting regulations but 30
not with respect to any contested case. 31
Sec. 11. NRS 239.010 is hereby amended to read as follows: 32
239.010 1. Except as otherwise provided in this section and 33
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 34
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 35
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 36
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 37
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 38
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 39
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 40
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 41
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 42
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 43
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 44
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 45
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178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 1
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 2
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 3
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 4
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 5
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 6
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 7
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 8
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 9
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 10
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 11
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 12
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 13
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 14
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 15
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 16
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 17
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 18
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 19
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 20
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 21
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 22
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 23
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 24
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 25
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 26
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 27
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 28
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 29
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 30
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 31
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 32
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 33
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 34
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 35
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 36
442.774, 445A.665, 445B.570, 445B.7773, [447.345,] 449.209, 37
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 38
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 39
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 40
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 41
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 42
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 43
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 44
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 45
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598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 1
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 2
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 3
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 4
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 5
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 6
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 7
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 8
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 9
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 10
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 11
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 12
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 13
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 14
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 15
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 16
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 17
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 18
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 19
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 20
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 21
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 22
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 23
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 24
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 25
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 26
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 27
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 28
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 29
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 30
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 31
unless otherwise declared by law to be confidential, all public books 32
and public records of a governmental entity must be open at all 33
times during office hours to inspection by any person, and may be 34
fully copied or an abstract or memorandum may be prepared from 35
those public books and public records. Any such copies, abstracts or 36
memoranda may be used to supply the general public with copies, 37
abstracts or memoranda of the records or may be used in any other 38
way to the advantage of the governmental entity or of the general 39
public. This section does not supersede or in any manner affect the 40
federal laws governing copyrights or enlarge, diminish or affect in 41
any other manner the rights of a person in any written book or 42
record which is copyrighted pursuant to federal law. 43
2. A governmental entity may not reject a book or record 44
which is copyrighted solely because it is copyrighted. 45
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3. A governmental entity that has legal custody or control of a 1
public book or record shall not deny a request made pursuant to 2
subsection 1 to inspect or copy or receive a copy of a public book or 3
record on the basis that the requested public book or record contains 4
information that is confidential if the governmental entity can 5
redact, delete, conceal or separate, including, without limitation, 6
electronically, the confidential information from the information 7
included in the public book or record that is not otherwise 8
confidential. 9
4. If requested, a governmental entity shall provide a copy of a 10
public record in an electronic format by means of an electronic 11
medium. Nothing in this subsection requires a governmental entity 12
to provide a copy of a public record in an electronic format or by 13
means of an electronic medium if: 14
(a) The public record: 15
(1) Was not created or prepared in an electronic format; and 16
(2) Is not available in an electronic format; or 17
(b) Providing the public record in an electronic format or by 18
means of an electronic medium would: 19
(1) Give access to proprietary software; or 20
(2) Require the production of information that is confidential 21
and that cannot be redacted, deleted, concealed or separated from 22
information that is not otherwise confidential. 23
5. An officer, employee or agent of a governmental entity who 24
has legal custody or control of a public record: 25
(a) Shall not refuse to provide a copy of that public record in the 26
medium that is requested because the officer, employee or agent has 27
already prepared or would prefer to provide the copy in a different 28
medium. 29
(b) Except as otherwise provided in NRS 239.030, shall, upon 30
request, prepare the copy of the public record and shall not require 31
the person who has requested the copy to prepare the copy himself 32
or herself. 33
Sec. 12. NRS 463.120 is hereby amended to read as follows: 34
463.120 1. The Board and the Commission shall cause to be 35
made and kept a record of all proceedings at regular and special 36
meetings of the Board and the Commission. These records are open 37
to public inspection. 38
2. The Board shall maintain a file of all applications for 39
licenses under this chapter and chapter 466 of NRS, together with a 40
record of all action taken with respect to those applications. The file 41
and record are open to public inspection. 42
3. The Board and the Commission may maintain such other 43
files and records as they may deem desirable. 44
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4. Except as otherwise provided in this section, all information 1
and data: 2
(a) Required by the Board or Commission to be furnished to it 3
under chapters 462 to 466, inclusive, of NRS or any regulations 4
adopted pursuant thereto or which may be otherwise obtained 5
relative to the finances, earnings or revenue of any applicant or 6
licensee; 7
(b) Pertaining to an applicant’s or natural person’s criminal 8
record, antecedents and background which have been furnished to or 9
obtained by the Board or Commission from any source; 10
(c) Provided to the members, agents or employees of the Board 11
or Commission by a governmental agency or an informer or on the 12
assurance that the information will be held in confidence and treated 13
as confidential; 14
(d) Obtained by the Board from a manufacturer, distributor or 15
operator relating to: 16
(1) The manufacturing of gaming devices; and 17
(2) Any other technology regulated by the Board; or 18
(e) [Obtained by the Board from a public accommodation 19
facility pursuant to NRS 447.345; or 20
(f)] Prepared or obtained by an agent or employee of the Board 21
or Commission pursuant to an audit, investigation, determination or 22
hearing, 23
are confidential and may be revealed in whole or in part only in 24
the course of the necessary administration of this chapter or upon 25
the lawful order of a court of competent jurisdiction. The Board and 26
Commission may reveal such information and data to an authorized 27
agent of any agency of the United States Government, any state or 28
any political subdivision of a state or the government of any foreign 29
country. Notwithstanding any other provision of state law, such 30
information may not be otherwise revealed without specific 31
authorization by the Board or Commission. 32
5. Notwithstanding any other provision of state law, any and all 33
information and data prepared or obtained by an agent or employee 34
of the Board or Commission relating to an application for a license, 35
a finding of suitability or any approval that is required pursuant to 36
the provisions of chapters 462 to 466, inclusive, of NRS or any 37
regulations adopted pursuant thereto, are confidential and absolutely 38
privileged and may be revealed in whole or in part only in the 39
course of the necessary administration of such provisions and with 40
specific authorization and waiver of the privilege by the Board or 41
Commission. The Board and Commission may reveal such 42
information and data to an authorized agent of any agency of the 43
United States Government, any state or any political subdivision of 44
a state or the government of any foreign country. 45
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6. Notwithstanding any other provision of state law, if any 1
applicant or licensee provides or communicates any information and 2
data to an agent or employee of the Board or Commission in 3
connection with its regulatory, investigative or enforcement 4
authority: 5
(a) All such information and data are confidential and privileged 6
and the confidentiality and privilege are not waived if the 7
information and data are shared or have been shared with an 8
authorized agent of any agency of the United States Government, 9
any state or any political subdivision of a state or the government of 10
any foreign country in connection with its regulatory, investigative 11
or enforcement authority, regardless of whether such information 12
and data are shared or have been shared either before or after being 13
provided or communicated to an agent or employee of the Board or 14
Commission; and 15
(b) The applicant or licensee has a privilege to refuse to 16
disclose, and to prevent any other person or governmental agent, 17
employee or agency from disclosing, the privileged information and 18
data. 19
7. Before the beginning of each legislative session, the Board 20
shall submit to the Legislative Commission for its review and for 21
the use of the Legislature a report on the gross revenue, net revenue 22
and average depreciation of all licensees, categorized by class of 23
licensee and geographical area and the assessed valuation of the 24
property of all licensees, by category, as listed on the assessment 25
rolls. 26
8. Notice of the content of any information or data furnished or 27
released pursuant to subsection 4 may be given to any applicant or 28
licensee in a manner prescribed by regulations adopted by the 29
Commission. 30
9. The files, records and reports of the Board are open at all 31
times to inspection by the Commission and its authorized agents. 32
10. All files, records, reports and other information pertaining 33
to gaming matters in the possession of the Nevada Tax Commission 34
must be made available to the Board and the Nevada Gaming 35
Commission as is necessary to the administration of this chapter. 36
11. For the purposes of this section, “information and data” 37
means all information and data in any form, including, without 38
limitation, any oral, written, audio, visual, digital or electronic form, 39
and the term includes, without limitation, any account, book, 40
correspondence, file, message, paper, record, report or other type of 41
document, including, without limitation, any document containing 42
self-evaluative assessments, self-critical analysis or self-appraisals 43
of an applicant’s or licensee’s compliance with statutory or 44
regulatory requirements. 45
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Sec. 13. Any regulations adopted by the Director of the 1
Department of Health and Human Services or a district board of 2
health pursuant to NRS 447.300 to 447.355, inclusive, as those 3
sections existed before the effective date of this act, are void. 4
Sec. 14. 1. This act does not apply to: 5
(a) A cause of action or claim described in NRS 41.810 to 6
41.835, inclusive, as those sections existed before the effective date 7
of this act, arising from a personal injury or death accruing before 8
the effective date of this act; or 9
(b) An act for which a state business license may be suspended 10
pursuant to NRS 76.172, as that section existed before the effective 11
date of this act, that occurred before the effective date of this act. 12
2. Notwithstanding the provisions of section 34 of chapter 8, 13
Statutes of Nevada 2020, 32nd Special Session, at page 114, the 14
provisions of NRS 41.810 to 41.835, inclusive, as those sections 15
existed before the effective date of this act, do not apply to any 16
cause of action or claim arising from an injury or death that accrues 17
on or after the effective date of this act and before July 1, 2023. 18
Sec. 15. NRS 41.810, 41.815, 41.820, 41.825, 41.830, 41.835, 19
76.172, 447.300, 447.305, 447.310, 447.315, 447.320, 447.325, 20
447.330, 447.335, 447.340, 447.345, 447.350 and 447.355 are 21
hereby repealed. 22
Sec. 16. This act becomes effective upon passage and 23
approval. 24
LEADLINES OF REPEALED SECTIONS
41.810 Definitions.
41.815 “Business” defined.
41.820 “COVID-19” defined.
41.825 “Governmental entity” defined.
41.830 “Nonprofit organization” defined.
41.835 Complaint required to be pled with particularity;
immunity from liability of certain entities.
76.172 Suspension of state business license for failure to
comply with controlling health standards; notice of suspension.
447.300 Definitions.
447.305 “Director” defined.
447.310 “Employee” defined.
447.315 “Health authority” defined.
447.320 “Public accommodation facility” and “facility”
defined.
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447.325 Applicability.
447.330 Prohibited regulations; opportunity to comment on
amendment or repeal of regulations.
447.335 Requirement to adopt regulations requiring public
accommodation facility to establish standards for cleaning to
reduce transmission of SARS-CoV-2; prohibition against
advising or incentivizing guests to decline daily housekeeping;
notification and provision of copy of standards to employees.
447.340 Regulations requiring public accommodation
facility to establish protocols to limit transmission of SARS-
CoV-2 and train staff concerning prevention and mitigation of
SARS-CoV-2 transmission.
447.345 Regulations requiring public accommodation
facility to establish, maintain and implement written SARS-
CoV-2 response plan; submission of SARS-CoV-2 response plan
to certain agencies; confidentiality of SARS-CoV-2 plan.
447.350 Inspection of public accommodation facility by
health authority; penalties; prohibition of retaliation against
employees.
447.355 Adoption of regulations by district board of health.
H