Nevada 2023 Regular Session

Nevada Senate Bill SB441 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 441–Senator Dondero Loop
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to public health; eliminating the requirement for
9	9	the Director of the Department of Health and Human
10	10	Services or certain district boards of health to adopt
11	11	regulations requiring certain protocols and plans concerning
12	12	the prevention of and response to SARS-CoV-2; eliminating
13	13	the requirement for an inspection of public accommodation
14	14	facilities for compliance with such requirements;
15	15	prospectively eliminating a limitation on the civil liability of
16	16	certain businesses conducted for profit, governmental entities
17	17	and private nonprofit organizations for personal injury or
18	18	death resulting from exposure to COVID-19; prospectively
19	19	removing the authority of the Secretary of State to suspend
20	20	the state business license of a person who does not comply
21	21	with certain health standards related to COVID-19; and
22	22	providing other matters properly relating thereto.
23	23	Legislative Counsel’s Digest:
24	24	Senate Bill No. 4 of the 32nd Special Session of the Nevada Legislature (S.B.
25	25	4), in general, requires the Director of the Department of Health and Human
26	26	Services and district boards of health in a county whose population is 100,000 or
27	27	more (currently Clark and Washoe Counties) to adopt by regulation requirements to
28	28	reduce and prevent the transmission of SARS-CoV-2 in public accommodation
29	29	facilities in those counties and provided for the enforcement of these regulations.
30	30	(Sections 3-15 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page
31	31	95; NRS 447.300-447.355) Under S.B. 4, these regulations apply only during the
32	32	duration of a declaration of a public health emergency due to SARS-CoV-2 or
33	33	during certain other periods in which conditions concerning the prevalence of
34	34	SARS-CoV-2 exist. (NRS 447.325)
35	35	S.B. 4 further provides that certain businesses conducted for profit,
36	36	governmental entities and private nonprofit organizations are immune from civil
37	37	liability for personal injury or death resulting from exposure to COVID-19 if the
38	38	business, governmental entity or private nonprofit organization substantially
39	39	complies with controlling health standards. (Section 29 of chapter 8, Statutes of
40	40	Nevada 2020, 32nd Special Session, at page 107; NRS 41.835) Under existing law,
41	41	these provisions apply only to any cause of action or claim that accrues before, on
42	42	or after August 7, 2020, and before the later of: (1) the date on which the Governor
43	43	terminates the emergency described in the Declaration of Emergency for COVID-
44	44	19 issued on March 12, 2020; or (2) July 1, 2023. (Section 34 of chapter 8, Statutes
45	45	of Nevada 2020, 32nd Special Session, at page 114) The Governor terminated the
46	46	emergency described in the Declaration of Emergency for COVID-19 effective on
47	47	May 20, 2022, and, thus, these provisions expire on July 1, 2023.
48	48	S.B. 4 authorizes the Secretary of State to suspend the state business license of
49	49	a person holding a state business license who does not comply with controlling
50	50	health standards related to COVID-19. (Section 30 of chapter 8, Statutes of Nevada
51	51	2020, 32nd Special Session, at page 108; NRS 76.172)
52	52	This bill repeals the provisions of S.B. 4, effective upon passage and approval
53	53	of this bill. Section 13 of this bill declares void any regulations adopted by the
54	54	– 2 –
55	55
56	56
57	57	- 82nd Session (2023)
58	58	Director of the Department of Health and Human Services or a district board of
59	59	health pursuant to S.B. 4. Section 14 of this bill provides that the repeal of the
60	60	provisions of S.B. 4 do not apply to a cause of action or claim arising from a
61	61	personal injury or death accruing before the effective date of this bill or prevent the
62	62	suspension of a state business license for a violation of controlling health standards
63	63	that occurred before the effective date of this bill. Section 14 further clarifies that
64	64	notwithstanding the provisions of S.B. 4 that provide that the limitations on civil
65	65	liability set forth in NRS 41.810 to 41.835, inclusive, apply to any cause of action
66	66	or claim arising from a personal injury or death that accrues before July 1, 2023,
67	67	these limitations on civil liability do not apply to any cause of action or claim
68	68	arising from an injury or death that accrues on or after the effective of this act and
69	69	before July 1, 2023.
70	70
71	71	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
72	72
73	73
74	74	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
75	75	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
76	76
77	77	Section 1. NRS 439.366 is hereby amended to read as follows:
78	78	439.366 1. The district board of health has the powers, duties
79	79	and authority of a county board of health in the health district.
80	80	2. The district health department has jurisdiction over all public
81	81	health matters in the health district.
82	82	3. [The district health department:
83	83	(a) Shall, upon the request of the Nevada Gaming Control
84	84	Board, advise and make recommendations to the Board on public
85	85	health matters related to an establishment that possesses a
86	86	nonrestricted gaming license as described in NRS 463.0177 or a
87	87	restricted gaming license as described in NRS 463.0189 in the
88	88	health district.
89	89	(b) May, upon the request of the Nevada Gaming Control Board,
90	90	enforce regulations adopted by the Board concerning matters of
91	91	public health against an establishment that possesses a nonrestricted
92	92	gaming license as described in NRS 463.0177 or a restricted gaming
93	93	license as described in NRS 463.0189 in the health district.
94	94	4.] In addition to any other powers, duties and authority
95	95	conferred on a district board of health by this section, the district
96	96	board of health may by affirmative vote of a majority of all the
97	97	members of the board adopt regulations consistent with law, which
98	98	must take effect immediately on their approval by the State Board of
99	99	Health, to:
100	100	(a) Prevent and control nuisances;
101	101	(b) Regulate sanitation and sanitary practices in the interests of
102	102	the public health;
103	103	– 3 –
104	104
105	105
106	106	- 82nd Session (2023)
107	107	(c) Provide for the sanitary protection of water and food
108	108	supplies;
109	109	(d) Protect and promote the public health generally in the
110	110	geographical area subject to the jurisdiction of the health district;
111	111	and
112	112	(e) Improve the quality of health care services for members of
113	113	minority groups and medically underserved populations.
114	114	[5.] 4. Before the adoption, amendment or repeal of a
115	115	regulation, the district board of health must give at least 30 days’
116	116	notice of its intended action. The notice must:
117	117	(a) Include a statement of either the terms or substance of the
118	118	proposal or a description of the subjects and issues involved, and of
119	119	the time when, the place where and the manner in which interested
120	120	persons may present their views thereon;
121	121	(b) State each address at which the text of the proposal may be
122	122	inspected and copied; and
123	123	(c) Be mailed to all persons who have requested in writing that
124	124	they be placed on a mailing list, which must be kept by the board for
125	125	such purpose.
126	126	[6.] 5. All interested persons must be afforded a reasonable
127	127	opportunity to submit data, views or arguments, orally or in writing,
128	128	on the intended action to adopt, amend or repeal the regulation.
129	129	With respect to substantive regulations, the district board of health
130	130	shall set a time and place for an oral public hearing, but if no one
131	131	appears who will be directly affected by the proposal and requests
132	132	an oral hearing, the district board of health may proceed
133	133	immediately to act upon any written submissions. The district board
134	134	of health shall consider fully all written and oral submissions
135	135	respecting the proposal.
136	136	[7.] 6. The district board of health shall file a copy of all of its
137	137	adopted regulations with the county clerk.
138	138	Sec. 2. NRS 439.410 is hereby amended to read as follows:
139	139	439.410 1. The district board of health has the powers, duties
140	140	and authority of a county board of health in the health district.
141	141	2. The district health department has jurisdiction over all public
142	142	health matters in the health district, except in matters concerning
143	143	emergency medical services pursuant to the provisions of chapter
144	144	450B of NRS.
145	145	3. [The district health department in a county whose population
146	146	is 100,000 or more but less than 700,000:
147	147	(a) Shall, upon the request of the Nevada Gaming Control
148	148	Board, advise and make recommendations to the Board on public
149	149	health matters related to an establishment that possesses a
150	150	– 4 –
151	151
152	152
153	153	- 82nd Session (2023)
154	154	nonrestricted gaming license as described in NRS 463.0177 or a
155	155	restricted gaming license as described in NRS 463.0189 in the
156	156	health district.
157	157	(b) May, upon the request of the Nevada Gaming Control Board,
158	158	enforce regulations adopted by the Board concerning matters of
159	159	public health against an establishment that possesses a nonrestricted
160	160	gaming license as described in NRS 463.0177 or a restricted gaming
161	161	license as described in NRS 463.0189 in the health district.
162	162	4.] In addition to any other powers, duties and authority
163	163	conferred on a district board of health by this section, the district
164	164	board of health may by affirmative vote of a majority of all the
165	165	members of the board adopt regulations consistent with law, which
166	166	must take effect immediately on their approval by the State Board of
167	167	Health, to:
168	168	(a) Prevent and control nuisances;
169	169	(b) Regulate sanitation and sanitary practices in the interests of
170	170	the public health;
171	171	(c) Provide for the sanitary protection of water and food
172	172	supplies; and
173	173	(d) Protect and promote the public health generally in the
174	174	geographical area subject to the jurisdiction of the health district.
175	175	[5.] 4. Before the adoption, amendment or repeal of a
176	176	regulation, the district board of health must give at least 30 days’
177	177	notice of its intended action. The notice must:
178	178	(a) Include a statement of either the terms or substance of the
179	179	proposal or a description of the subjects and issues involved, and of
180	180	the time when, the place where and the manner in which interested
181	181	persons may present their views thereon.
182	182	(b) State each address at which the text of the proposal may be
183	183	inspected and copied.
184	184	(c) Be mailed to all persons who have requested in writing that
185	185	they be placed on a mailing list, which must be kept by the district
186	186	board for such purpose.
187	187	[6.] 5. All interested persons must be afforded a reasonable
188	188	opportunity to submit data, views or arguments, orally or in writing,
189	189	on the intended action to adopt, amend or repeal the regulation.
190	190	With respect to substantive regulations, the district board shall set a
191	191	time and place for an oral public hearing, but if no one appears who
192	192	will be directly affected by the proposal and requests an oral
193	193	hearing, the district board may proceed immediately to act upon any
194	194	written submissions. The district board shall consider fully all
195	195	written and oral submissions respecting the proposal.
196	196	– 5 –
197	197
198	198
199	199	- 82nd Session (2023)
200	200	[7.] 6. Each district board of health shall file a copy of all of
201	201	its adopted regulations with the county clerk of each county in
202	202	which it has jurisdiction.
203	203	Sec. 3. NRS 447.003 is hereby amended to read as follows:
204	204	447.003 As used in [NRS 447.003 to 447.210, inclusive,] this
205	205	chapter, unless the context otherwise requires, the words and terms
206	206	defined in NRS 447.007 and 447.010 have the meanings ascribed to
207	207	them in those sections.
208	208	Sec. 4. NRS 447.020 is hereby amended to read as follows:
209	209	447.020 1. All bedding, bedclothes or bed covering,
210	210	including mattresses, quilts, blankets, sheets, pillows or comforters,
211	211	used in any hotel in this state must be kept clean and free from all
212	212	filth or dirt.
213	213	2. No bedding, bedclothes or bed covering, including
214	214	mattresses, quilts, blankets, sheets, pillows or comforters, shall be
215	215	used which is worn out or unsanitary for use by human beings
216	216	according to the true intent and meaning of [NRS 447.003 to
217	217	447.210, inclusive.] this chapter.
218	218	Sec. 5. NRS 447.050 is hereby amended to read as follows:
219	219	447.050 It is unlawful for any person to use, or to permit
220	220	another person to use, any of the following portions of a hotel for
221	221	living or sleeping purposes:
222	222	1. Any kitchen, cellar, hallway, water closet, bath, shower
223	223	compartment, or slop-sink room.
224	224	2. Any other room or place which does not comply with the
225	225	provisions of [NRS 447.003 to 447.210, inclusive,] this chapter, or
226	226	in which, in the judgment of the health authority, living or sleeping
227	227	is dangerous or prejudicial to life or health by reason of an
228	228	overcrowded condition, a want of light, windows, ventilation or
229	229	drainage, dampness, or offensive or obnoxious odors or poisonous
230	230	gases in the room or place, or a lack of exits as required by the
231	231	Uniform Building Code in the form most recently adopted before
232	232	January 1, 1985, by the International Conference of Building
233	233	Officials.
234	234	Sec. 6. NRS 447.150 is hereby amended to read as follows:
235	235	447.150 1. The health authority may exempt any hotel built
236	236	prior to October 1, 1945, from having the number of water closets,
237	237	bathtubs or showers required by [NRS 447.003 to 447.210,
238	238	inclusive,] this chapter for the following reason: The exemption
239	239	will not result in detriment to the health of the occupants or to the
240	240	sanitation of the building.
241	241	2. The health authority has no authority under this section to
242	242	exempt any hotel or portion of a hotel built after October 1, 1945,
243	243	– 6 –
244	244
245	245
246	246	- 82nd Session (2023)
247	247	from having the number of water closets, bathtubs or showers
248	248	required by [NRS 447.003 to 447.210, inclusive.] this chapter.
249	249	Sec. 7. NRS 447.190 is hereby amended to read as follows:
250	250	447.190 The health authority is charged with the enforcement
251	251	of [NRS 447.003 to 447.210, inclusive.] this chapter. The health
252	252	authority shall keep a record of hotels inspected, and the record or
253	253	any part thereof may, in the discretion of the health authority, be
254	254	included in the biennial report to the Director of the Department of
255	255	Health and Human Services.
256	256	Sec. 8. NRS 447.200 is hereby amended to read as follows:
257	257	447.200 The health authority shall have access at any time to
258	258	any hotel in this State for the purpose of making inspections and
259	259	carrying out the provisions of [NRS 447.003 to 447.210, inclusive.]
260	260	this chapter.
261	261	Sec. 9. NRS 447.210 is hereby amended to read as follows:
262	262	447.210 1. Every proprietor, owner, manager, lessee or other
263	263	person in charge of any hotel in this state who fails to comply with
264	264	the provisions of [NRS 447.003 to 447.200, inclusive,] this chapter
265	265	or any of the provisions of the regulations hereby established
266	266	whether through the acts of himself or herself, his or her agent or
267	267	employees is guilty of a misdemeanor.
268	268	2. Every day that any hotel is in violation of any of the
269	269	provisions of [NRS 447.003 to 447.200, inclusive,] this chapter
270	270	constitutes a separate offense.
271	271	Sec. 10. NRS 233B.039 is hereby amended to read as follows:
272	272	233B.039 1. The following agencies are entirely exempted
273	273	from the requirements of this chapter:
274	274	(a) The Governor.
275	275	(b) Except as otherwise provided in NRS 209.221 and 209.2473,
276	276	the Department of Corrections.
277	277	(c) The Nevada System of Higher Education.
278	278	(d) The Office of the Military.
279	279	(e) The Nevada Gaming Control Board.
280	280	(f) Except as otherwise provided in NRS 368A.140 and 463.765,
281	281	the Nevada Gaming Commission.
282	282	(g) Except as otherwise provided in NRS 425.620, the Division
283	283	of Welfare and Supportive Services of the Department of Health and
284	284	Human Services.
285	285	(h) Except as otherwise provided in NRS 422.390, the Division
286	286	of Health Care Financing and Policy of the Department of Health
287	287	and Human Services.
288	288	(i) Except as otherwise provided in NRS 533.365, the Office of
289	289	the State Engineer.
290	290	– 7 –
291	291
292	292
293	293	- 82nd Session (2023)
294	294	(j) The Division of Industrial Relations of the Department of
295	295	Business and Industry acting to enforce the provisions of
296	296	NRS 618.375.
297	297	(k) The Administrator of the Division of Industrial Relations of
298	298	the Department of Business and Industry in establishing and
299	299	adjusting the schedule of fees and charges for accident benefits
300	300	pursuant to subsection 2 of NRS 616C.260.
301	301	(l) The Board to Review Claims in adopting resolutions to carry
302	302	out its duties pursuant to NRS 445C.310.
303	303	(m) The Silver State Health Insurance Exchange.
304	304	(n) The Cannabis Compliance Board.
305	305	2. Except as otherwise provided in subsection 5 and NRS
306	306	391.323, the Department of Education, the Board of the Public
307	307	Employees’ Benefits Program and the Commission on Professional
308	308	Standards in Education are subject to the provisions of this chapter
309	309	for the purpose of adopting regulations but not with respect to any
310	310	contested case.
311	311	3. The special provisions of:
312	312	(a) Chapter 612 of NRS for the adoption of an emergency
313	313	regulation or the distribution of regulations by and the judicial
314	314	review of decisions of the Employment Security Division of the
315	315	Department of Employment, Training and Rehabilitation;
316	316	(b) Chapters 616A to 617, inclusive, of NRS for the
317	317	determination of contested claims;
318	318	(c) Chapter 91 of NRS for the judicial review of decisions of the
319	319	Administrator of the Securities Division of the Office of the
320	320	Secretary of State; and
321	321	(d) NRS 90.800 for the use of summary orders in contested
322	322	cases,
323	323	 prevail over the general provisions of this chapter.
324	324	4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
325	325	233B.126 do not apply to the Department of Health and Human
326	326	Services in the adjudication of contested cases involving the
327	327	issuance of letters of approval for health facilities and agencies.
328	328	5. The provisions of this chapter do not apply to:
329	329	(a) Any order for immediate action, including, but not limited
330	330	to, quarantine and the treatment or cleansing of infected or infested
331	331	animals, objects or premises, made under the authority of the State
332	332	Board of Agriculture, the State Board of Health, or any other agency
333	333	of this State in the discharge of a responsibility for the preservation
334	334	of human or animal health or for insect or pest control;
335	335	(b) An extraordinary regulation of the State Board of Pharmacy
336	336	adopted pursuant to NRS 453.2184;
337	337	– 8 –
338	338
339	339
340	340	- 82nd Session (2023)
341	341	(c) A regulation adopted by the State Board of Education
342	342	pursuant to NRS 388.255 or 394.1694;
343	343	(d) The judicial review of decisions of the Public Utilities
344	344	Commission of Nevada;
345	345	(e) The adoption, amendment or repeal of policies by the
346	346	Rehabilitation Division of the Department of Employment, Training
347	347	and Rehabilitation pursuant to NRS 426.561 or 615.178;
348	348	(f) The adoption or amendment of a rule or regulation to be
349	349	included in the State Plan for Services for Victims of Crime by the
350	350	Department of Health and Human Services pursuant to
351	351	NRS 217.130;
352	352	(g) The adoption, amendment or repeal of rules governing the
353	353	conduct of contests and exhibitions of unarmed combat by the
354	354	Nevada Athletic Commission pursuant to NRS 467.075;
355	355	(h) [The adoption, amendment or repeal of regulations by the
356	356	Director of the Department of Health and Human Services pursuant
357	357	to NRS 447.335 to 447.350, inclusive;
358	358	(i)] The adoption, amendment or repeal of standards of content
359	359	and performance for courses of study in public schools by the
360	360	Council to Establish Academic Standards for Public Schools and the
361	361	State Board of Education pursuant to NRS 389.520;
362	362	[(j)] (i) The adoption, amendment or repeal of the statewide
363	363	plan to allocate money from the Fund for a Resilient Nevada created
364	364	by NRS 433.732 established by the Department of Health and
365	365	Human Services pursuant to paragraph (b) of subsection 1 of NRS
366	366	433.734; or
367	367	[(k)] (j) The adoption or amendment of a data request by the
368	368	Commissioner of Insurance pursuant to NRS 687B.404.
369	369	6. The State Board of Parole Commissioners is subject to the
370	370	provisions of this chapter for the purpose of adopting regulations but
371	371	not with respect to any contested case.
372	372	Sec. 11. NRS 239.010 is hereby amended to read as follows:
373	373	239.010 1. Except as otherwise provided in this section and
374	374	NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
375	375	49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
376	376	62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
377	377	80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
378	378	87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
379	379	88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
380	380	116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
381	381	119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
382	382	120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
383	383	127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
384	384	– 9 –
385	385
386	386
387	387	- 82nd Session (2023)
388	388	130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015,
389	389	176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,
390	390	178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771,
391	391	200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
392	392	209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
393	393	213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
394	394	217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,
395	395	218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570,
396	396	231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105,
397	397	239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050,
398	398	239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420,
399	399	240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335,
400	400	247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150,
401	401	268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195,
402	402	281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755,
403	403	281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438,
404	404	289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503,
405	405	293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910,
406	406	293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335,
407	407	338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420,
408	408	349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100,
409	409	353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242,
410	410	361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080,
411	411	378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,
412	412	385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503,
413	413	388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
414	414	391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271,
415	415	392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045,
416	416	394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,
417	417	396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525,
418	418	396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,
419	419	408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305,
420	420	422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,
421	421	432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407,
422	422	432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534,
423	423	433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116,
424	424	439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
425	425	441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
426	426	442.774, 445A.665, 445B.570, 445B.7773, [447.345,] 449.209,
427	427	449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805,
428	428	453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555,
429	429	459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403,
430	430	463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940,
431	431	– 10 –
432	432
433	433
434	434	- 82nd Session (2023)
435	435	481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340,
436	436	483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830,
437	437	484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040,
438	438	534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,
439	439	598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303,
440	440	604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350,
441	441	618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110,
442	442	624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
443	443	628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,
444	444	630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332,
445	445	631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283,
446	446	633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055,
447	447	634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158,
448	448	636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087,
449	449	638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185,
450	450	640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
451	451	640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
452	452	641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217,
453	453	641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
454	454	641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
455	455	645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
456	456	645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
457	457	647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
458	458	652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
459	459	665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480,
460	460	675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
461	461	678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
462	462	679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
463	463	681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
464	464	687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
465	465	688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
466	466	692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
467	467	696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
468	468	711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada
469	469	2011 and section 2 of chapter 391, Statutes of Nevada 2013 and
470	470	unless otherwise declared by law to be confidential, all public books
471	471	and public records of a governmental entity must be open at all
472	472	times during office hours to inspection by any person, and may be
473	473	fully copied or an abstract or memorandum may be prepared from
474	474	those public books and public records. Any such copies, abstracts or
475	475	memoranda may be used to supply the general public with copies,
476	476	abstracts or memoranda of the records or may be used in any other
477	477	way to the advantage of the governmental entity or of the general
478	478	– 11 –
479	479
480	480
481	481	- 82nd Session (2023)
482	482	public. This section does not supersede or in any manner affect the
483	483	federal laws governing copyrights or enlarge, diminish or affect in
484	484	any other manner the rights of a person in any written book or
485	485	record which is copyrighted pursuant to federal law.
486	486	2. A governmental entity may not reject a book or record
487	487	which is copyrighted solely because it is copyrighted.
488	488	3. A governmental entity that has legal custody or control of a
489	489	public book or record shall not deny a request made pursuant to
490	490	subsection 1 to inspect or copy or receive a copy of a public book or
491	491	record on the basis that the requested public book or record contains
492	492	information that is confidential if the governmental entity can
493	493	redact, delete, conceal or separate, including, without limitation,
494	494	electronically, the confidential information from the information
495	495	included in the public book or record that is not otherwise
496	496	confidential.
497	497	4. If requested, a governmental entity shall provide a copy of a
498	498	public record in an electronic format by means of an electronic
499	499	medium. Nothing in this subsection requires a governmental entity
500	500	to provide a copy of a public record in an electronic format or by
501	501	means of an electronic medium if:
502	502	(a) The public record:
503	503	(1) Was not created or prepared in an electronic format; and
504	504	(2) Is not available in an electronic format; or
505	505	(b) Providing the public record in an electronic format or by
506	506	means of an electronic medium would:
507	507	(1) Give access to proprietary software; or
508	508	(2) Require the production of information that is confidential
509	509	and that cannot be redacted, deleted, concealed or separated from
510	510	information that is not otherwise confidential.
511	511	5. An officer, employee or agent of a governmental entity who
512	512	has legal custody or control of a public record:
513	513	(a) Shall not refuse to provide a copy of that public record in the
514	514	medium that is requested because the officer, employee or agent has
515	515	already prepared or would prefer to provide the copy in a different
516	516	medium.
517	517	(b) Except as otherwise provided in NRS 239.030, shall, upon
518	518	request, prepare the copy of the public record and shall not require
519	519	the person who has requested the copy to prepare the copy himself
520	520	or herself.
521	521	Sec. 12. NRS 463.120 is hereby amended to read as follows:
522	522	463.120 1. The Board and the Commission shall cause to be
523	523	made and kept a record of all proceedings at regular and special
524	524	– 12 –
525	525
526	526
527	527	- 82nd Session (2023)
528	528	meetings of the Board and the Commission. These records are open
529	529	to public inspection.
530	530	2. The Board shall maintain a file of all applications for
531	531	licenses under this chapter and chapter 466 of NRS, together with a
532	532	record of all action taken with respect to those applications. The file
533	533	and record are open to public inspection.
534	534	3. The Board and the Commission may maintain such other
535	535	files and records as they may deem desirable.
536	536	4. Except as otherwise provided in this section, all information
537	537	and data:
538	538	(a) Required by the Board or Commission to be furnished to it
539	539	under chapters 462 to 466, inclusive, of NRS or any regulations
540	540	adopted pursuant thereto or which may be otherwise obtained
541	541	relative to the finances, earnings or revenue of any applicant or
542	542	licensee;
543	543	(b) Pertaining to an applicant’s or natural person’s criminal
544	544	record, antecedents and background which have been furnished to or
545	545	obtained by the Board or Commission from any source;
546	546	(c) Provided to the members, agents or employees of the Board
547	547	or Commission by a governmental agency or an informer or on the
548	548	assurance that the information will be held in confidence and treated
549	549	as confidential;
550	550	(d) Obtained by the Board from a manufacturer, distributor or
551	551	operator relating to:
552	552	(1) The manufacturing of gaming devices; and
553	553	(2) Any other technology regulated by the Board; or
554	554	(e) [Obtained by the Board from a public accommodation
555	555	facility pursuant to NRS 447.345; or
556	556	(f)] Prepared or obtained by an agent or employee of the Board
557	557	or Commission pursuant to an audit, investigation, determination or
558	558	hearing,
559	559	 are confidential and may be revealed in whole or in part only in
560	560	the course of the necessary administration of this chapter or upon
561	561	the lawful order of a court of competent jurisdiction. The Board and
562	562	Commission may reveal such information and data to an authorized
563	563	agent of any agency of the United States Government, any state or
564	564	any political subdivision of a state or the government of any foreign
565	565	country. Notwithstanding any other provision of state law, such
566	566	information may not be otherwise revealed without specific
567	567	authorization by the Board or Commission.
568	568	5. Notwithstanding any other provision of state law, any and all
569	569	information and data prepared or obtained by an agent or employee
570	570	of the Board or Commission relating to an application for a license,
571	571	– 13 –
572	572
573	573
574	574	- 82nd Session (2023)
575	575	a finding of suitability or any approval that is required pursuant to
576	576	the provisions of chapters 462 to 466, inclusive, of NRS or any
577	577	regulations adopted pursuant thereto, are confidential and absolutely
578	578	privileged and may be revealed in whole or in part only in the
579	579	course of the necessary administration of such provisions and with
580	580	specific authorization and waiver of the privilege by the Board or
581	581	Commission. The Board and Commission may reveal such
582	582	information and data to an authorized agent of any agency of the
583	583	United States Government, any state or any political subdivision of
584	584	a state or the government of any foreign country.
585	585	6. Notwithstanding any other provision of state law, if any
586	586	applicant or licensee provides or communicates any information and
587	587	data to an agent or employee of the Board or Commission in
588	588	connection with its regulatory, investigative or enforcement
589	589	authority:
590	590	(a) All such information and data are confidential and privileged
591	591	and the confidentiality and privilege are not waived if the
592	592	information and data are shared or have been shared with an
593	593	authorized agent of any agency of the United States Government,
594	594	any state or any political subdivision of a state or the government of
595	595	any foreign country in connection with its regulatory, investigative
596	596	or enforcement authority, regardless of whether such information
597	597	and data are shared or have been shared either before or after being
598	598	provided or communicated to an agent or employee of the Board or
599	599	Commission; and
600	600	(b) The applicant or licensee has a privilege to refuse to
601	601	disclose, and to prevent any other person or governmental agent,
602	602	employee or agency from disclosing, the privileged information and
603	603	data.
604	604	7. Before the beginning of each legislative session, the Board
605	605	shall submit to the Legislative Commission for its review and for
606	606	the use of the Legislature a report on the gross revenue, net revenue
607	607	and average depreciation of all licensees, categorized by class of
608	608	licensee and geographical area and the assessed valuation of the
609	609	property of all licensees, by category, as listed on the assessment
610	610	rolls.
611	611	8. Notice of the content of any information or data furnished or
612	612	released pursuant to subsection 4 may be given to any applicant or
613	613	licensee in a manner prescribed by regulations adopted by the
614	614	Commission.
615	615	9. The files, records and reports of the Board are open at all
616	616	times to inspection by the Commission and its authorized agents.
617	617	– 14 –
618	618
619	619
620	620	- 82nd Session (2023)
621	621	10. All files, records, reports and other information pertaining
622	622	to gaming matters in the possession of the Nevada Tax Commission
623	623	must be made available to the Board and the Nevada Gaming
624	624	Commission as is necessary to the administration of this chapter.
625	625	11. For the purposes of this section, “information and data”
626	626	means all information and data in any form, including, without
627	627	limitation, any oral, written, audio, visual, digital or electronic form,
628	628	and the term includes, without limitation, any account, book,
629	629	correspondence, file, message, paper, record, report or other type of
630	630	document, including, without limitation, any document containing
631	631	self-evaluative assessments, self-critical analysis or self-appraisals
632	632	of an applicant’s or licensee’s compliance with statutory or
633	633	regulatory requirements.
634	634	Sec. 13. Any regulations adopted by the Director of the
635	635	Department of Health and Human Services or a district board of
636	636	health pursuant to NRS 447.300 to 447.355, inclusive, as those
637	637	sections existed before the effective date of this act, are void.
638	638	Sec. 14. 1. This act does not apply to:
639	639	(a) A cause of action or claim described in NRS 41.810 to
640	640	41.835, inclusive, as those sections existed before the effective date
641	641	of this act, arising from a personal injury or death accruing before
642	642	the effective date of this act; or
643	643	(b) An act for which a state business license may be suspended
644	644	pursuant to NRS 76.172, as that section existed before the effective
645	645	date of this act, that occurred before the effective date of this act.
646	646	2. Notwithstanding the provisions of section 34 of chapter 8,
647	647	Statutes of Nevada 2020, 32nd Special Session, at page 114, the
648	648	provisions of NRS 41.810 to 41.835, inclusive, as those sections
649	649	existed before the effective date of this act, do not apply to any
650	650	cause of action or claim arising from an injury or death that accrues
651	651	on or after the effective date of this act and before July 1, 2023.
652	652	Sec. 15. NRS 41.810, 41.815, 41.820, 41.825, 41.830, 41.835,
653	653	76.172, 447.300, 447.305, 447.310, 447.315, 447.320, 447.325,
654	654	447.330, 447.335, 447.340, 447.345, 447.350 and 447.355 are
655	655	hereby repealed.
656	656	Sec. 16. This act becomes effective upon passage and
657	657	approval.
658	658
659	659	20 ~~~~~ 23
660	660