- 82nd Session (2023)
Senate Bill No. 441–Senator Dondero Loop
CHAPTER..........
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.
4), in general, requires the Director of the Department of Health and Human
Services and district boards of health in a county whose population is 100,000 or
more (currently Clark and Washoe Counties) to adopt by regulation requirements to
reduce and prevent the transmission of SARS-CoV-2 in public accommodation
facilities in those counties and provided for the enforcement of these regulations.
(Sections 3-15 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page
95; NRS 447.300-447.355) Under S.B. 4, these regulations apply only during the
duration of a declaration of a public health emergency due to SARS-CoV-2 or
during certain other periods in which conditions concerning the prevalence of
SARS-CoV-2 exist. (NRS 447.325)
S.B. 4 further provides that certain businesses conducted for profit,
governmental entities and private nonprofit organizations are immune from civil
liability for personal injury or death resulting from exposure to COVID-19 if the
business, governmental entity or private nonprofit organization substantially
complies with controlling health standards. (Section 29 of chapter 8, Statutes of
Nevada 2020, 32nd Special Session, at page 107; NRS 41.835) Under existing law,
these provisions apply only to any cause of action or claim that accrues before, on
or after August 7, 2020, and before the later of: (1) the date on which the Governor
terminates the emergency described in the Declaration of Emergency for COVID-
19 issued on March 12, 2020; or (2) July 1, 2023. (Section 34 of chapter 8, Statutes
of Nevada 2020, 32nd Special Session, at page 114) The Governor terminated the
emergency described in the Declaration of Emergency for COVID-19 effective on
May 20, 2022, and, thus, these provisions expire on July 1, 2023.
S.B. 4 authorizes the Secretary of State to suspend the state business license of
a person holding a state business license who does not comply with controlling
health standards related to COVID-19. (Section 30 of chapter 8, Statutes of Nevada
2020, 32nd Special Session, at page 108; NRS 76.172)
This bill repeals the provisions of S.B. 4, effective upon passage and approval
of this bill. Section 13 of this bill declares void any regulations adopted by the
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- 82nd Session (2023)
Director of the Department of Health and Human Services or a district board of
health pursuant to S.B. 4. Section 14 of this bill provides that the repeal of the
provisions of S.B. 4 do not apply to a cause of action or claim arising from a
personal injury or death accruing before the effective date of this bill or prevent the
suspension of a state business license for a violation of controlling health standards
that occurred before the effective date of this bill. Section 14 further clarifies that
notwithstanding the provisions of S.B. 4 that provide that the limitations on civil
liability set forth in NRS 41.810 to 41.835, inclusive, apply to any cause of action
or claim arising from a personal injury or death that accrues before July 1, 2023,
these limitations on civil liability do not apply to any cause of action or claim
arising from an injury or death that accrues on or after the effective of this act and
before July 1, 2023.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
439.366 1. The district board of health has the powers, duties
and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district.
3. [The district health department:
(a) Shall, upon the request of the Nevada Gaming Control
Board, advise and make recommendations to the Board on public
health matters related to an establishment that possesses a
nonrestricted gaming license as described in NRS 463.0177 or a
restricted gaming license as described in NRS 463.0189 in the
health district.
(b) May, upon the request of the Nevada Gaming Control Board,
enforce regulations adopted by the Board concerning matters of
public health against an establishment that possesses a nonrestricted
gaming license as described in NRS 463.0177 or a restricted gaming
license as described in NRS 463.0189 in the health district.
4.] In addition to any other powers, duties and authority
conferred on a district board of health by this section, the district
board of health may by affirmative vote of a majority of all the
members of the board adopt regulations consistent with law, which
must take effect immediately on their approval by the State Board of
Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
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- 82nd Session (2023)
(c) Provide for the sanitary protection of water and food
supplies;
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district;
and
(e) Improve the quality of health care services for members of
minority groups and medically underserved populations.
[5.] 4. Before the adoption, amendment or repeal of a
regulation, the district board of health must give at least 30 days’
notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved, and of
the time when, the place where and the manner in which interested
persons may present their views thereon;
(b) State each address at which the text of the proposal may be
inspected and copied; and
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the board for
such purpose.
[6.] 5. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing,
on the intended action to adopt, amend or repeal the regulation.
With respect to substantive regulations, the district board of health
shall set a time and place for an oral public hearing, but if no one
appears who will be directly affected by the proposal and requests
an oral hearing, the district board of health may proceed
immediately to act upon any written submissions. The district board
of health shall consider fully all written and oral submissions
respecting the proposal.
[7.] 6. The district board of health shall file a copy of all of its
adopted regulations with the county clerk.
Sec. 2. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, duties
and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district, except in matters concerning
emergency medical services pursuant to the provisions of chapter
450B of NRS.
3. [The district health department in a county whose population
is 100,000 or more but less than 700,000:
(a) Shall, upon the request of the Nevada Gaming Control
Board, advise and make recommendations to the Board on public
health matters related to an establishment that possesses a
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- 82nd Session (2023)
nonrestricted gaming license as described in NRS 463.0177 or a
restricted gaming license as described in NRS 463.0189 in the
health district.
(b) May, upon the request of the Nevada Gaming Control Board,
enforce regulations adopted by the Board concerning matters of
public health against an establishment that possesses a nonrestricted
gaming license as described in NRS 463.0177 or a restricted gaming
license as described in NRS 463.0189 in the health district.
4.] In addition to any other powers, duties and authority
conferred on a district board of health by this section, the district
board of health may by affirmative vote of a majority of all the
members of the board adopt regulations consistent with law, which
must take effect immediately on their approval by the State Board of
Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
(c) Provide for the sanitary protection of water and food
supplies; and
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district.
[5.] 4. Before the adoption, amendment or repeal of a
regulation, the district board of health must give at least 30 days’
notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved, and of
the time when, the place where and the manner in which interested
persons may present their views thereon.
(b) State each address at which the text of the proposal may be
inspected and copied.
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the district
board for such purpose.
[6.] 5. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing,
on the intended action to adopt, amend or repeal the regulation.
With respect to substantive regulations, the district board shall set a
time and place for an oral public hearing, but if no one appears who
will be directly affected by the proposal and requests an oral
hearing, the district board may proceed immediately to act upon any
written submissions. The district board shall consider fully all
written and oral submissions respecting the proposal.
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- 82nd Session (2023)
[7.] 6. Each district board of health shall file a copy of all of
its adopted regulations with the county clerk of each county in
which it has jurisdiction.
Sec. 3. NRS 447.003 is hereby amended to read as follows:
447.003 As used in [NRS 447.003 to 447.210, inclusive,] this
chapter, unless the context otherwise requires, the words and terms
defined in NRS 447.007 and 447.010 have the meanings ascribed to
them in those sections.
Sec. 4. NRS 447.020 is hereby amended to read as follows:
447.020 1. All bedding, bedclothes or bed covering,
including mattresses, quilts, blankets, sheets, pillows or comforters,
used in any hotel in this state must be kept clean and free from all
filth or dirt.
2. No bedding, bedclothes or bed covering, including
mattresses, quilts, blankets, sheets, pillows or comforters, shall be
used which is worn out or unsanitary for use by human beings
according to the true intent and meaning of [NRS 447.003 to
447.210, inclusive.] this chapter.
Sec. 5. NRS 447.050 is hereby amended to read as follows:
447.050 It is unlawful for any person to use, or to permit
another person to use, any of the following portions of a hotel for
living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower
compartment, or slop-sink room.
2. Any other room or place which does not comply with the
provisions of [NRS 447.003 to 447.210, inclusive,] this chapter, or
in which, in the judgment of the health authority, living or sleeping
is dangerous or prejudicial to life or health by reason of an
overcrowded condition, a want of light, windows, ventilation or
drainage, dampness, or offensive or obnoxious odors or poisonous
gases in the room or place, or a lack of exits as required by the
Uniform Building Code in the form most recently adopted before
January 1, 1985, by the International Conference of Building
Officials.
Sec. 6. NRS 447.150 is hereby amended to read as follows:
447.150 1. The health authority may exempt any hotel built
prior to October 1, 1945, from having the number of water closets,
bathtubs or showers required by [NRS 447.003 to 447.210,
inclusive,] this chapter for the following reason: The exemption
will not result in detriment to the health of the occupants or to the
sanitation of the building.
2. The health authority has no authority under this section to
exempt any hotel or portion of a hotel built after October 1, 1945,
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- 82nd Session (2023)
from having the number of water closets, bathtubs or showers
required by [NRS 447.003 to 447.210, inclusive.] this chapter.
Sec. 7. NRS 447.190 is hereby amended to read as follows:
447.190 The health authority is charged with the enforcement
of [NRS 447.003 to 447.210, inclusive.] this chapter. The health
authority shall keep a record of hotels inspected, and the record or
any part thereof may, in the discretion of the health authority, be
included in the biennial report to the Director of the Department of
Health and Human Services.
Sec. 8. NRS 447.200 is hereby amended to read as follows:
447.200 The health authority shall have access at any time to
any hotel in this State for the purpose of making inspections and
carrying out the provisions of [NRS 447.003 to 447.210, inclusive.]
this chapter.
Sec. 9. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other
person in charge of any hotel in this state who fails to comply with
the provisions of [NRS 447.003 to 447.200, inclusive,] this chapter
or any of the provisions of the regulations hereby established
whether through the acts of himself or herself, his or her agent or
employees is guilty of a misdemeanor.
2. Every day that any hotel is in violation of any of the
provisions of [NRS 447.003 to 447.200, inclusive,] this chapter
constitutes a separate offense.
Sec. 10. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted
from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221 and 209.2473,
the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765,
the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division
of Welfare and Supportive Services of the Department of Health and
Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division
of Health Care Financing and Policy of the Department of Health
and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of
the State Engineer.
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- 82nd Session (2023)
(j) The Division of Industrial Relations of the Department of
Business and Industry acting to enforce the provisions of
NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of
the Department of Business and Industry in establishing and
adjusting the schedule of fees and charges for accident benefits
pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry
out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS
391.323, the Department of Education, the Board of the Public
Employees’ Benefits Program and the Commission on Professional
Standards in Education are subject to the provisions of this chapter
for the purpose of adopting regulations but not with respect to any
contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency
regulation or the distribution of regulations by and the judicial
review of decisions of the Employment Security Division of the
Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the
determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the
Administrator of the Securities Division of the Office of the
Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested
cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
233B.126 do not apply to the Department of Health and Human
Services in the adjudication of contested cases involving the
issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited
to, quarantine and the treatment or cleansing of infected or infested
animals, objects or premises, made under the authority of the State
Board of Agriculture, the State Board of Health, or any other agency
of this State in the discharge of a responsibility for the preservation
of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy
adopted pursuant to NRS 453.2184;
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- 82nd Session (2023)
(c) A regulation adopted by the State Board of Education
pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities
Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the
Rehabilitation Division of the Department of Employment, Training
and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be
included in the State Plan for Services for Victims of Crime by the
Department of Health and Human Services pursuant to
NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the
conduct of contests and exhibitions of unarmed combat by the
Nevada Athletic Commission pursuant to NRS 467.075;
(h) [The adoption, amendment or repeal of regulations by the
Director of the Department of Health and Human Services pursuant
to NRS 447.335 to 447.350, inclusive;
(i)] The adoption, amendment or repeal of standards of content
and performance for courses of study in public schools by the
Council to Establish Academic Standards for Public Schools and the
State Board of Education pursuant to NRS 389.520;
[(j)] (i) The adoption, amendment or repeal of the statewide
plan to allocate money from the Fund for a Resilient Nevada created
by NRS 433.732 established by the Department of Health and
Human Services pursuant to paragraph (b) of subsection 1 of NRS
433.734; or
[(k)] (j) The adoption or amendment of a data request by the
Commissioner of Insurance pursuant to NRS 687B.404.
6. The State Board of Parole Commissioners is subject to the
provisions of this chapter for the purpose of adopting regulations but
not with respect to any contested case.
Sec. 11. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
– 9 –
- 82nd Session (2023)
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015,
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,
178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771,
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105,
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050,
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420,
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335,
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150,
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195,
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755,
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438,
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503,
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910,
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335,
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420,
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100,
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242,
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080,
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503,
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271,
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045,
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525,
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305,
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407,
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534,
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, [447.345,] 449.209,
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805,
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555,
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403,
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940,
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- 82nd Session (2023)
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340,
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830,
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040,
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303,
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350,
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110,
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332,
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283,
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055,
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158,
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087,
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185,
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217,
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and
unless otherwise declared by law to be confidential, all public books
and public records of a governmental entity must be open at all
times during office hours to inspection by any person, and may be
fully copied or an abstract or memorandum may be prepared from
those public books and public records. Any such copies, abstracts or
memoranda may be used to supply the general public with copies,
abstracts or memoranda of the records or may be used in any other
way to the advantage of the governmental entity or of the general
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- 82nd Session (2023)
public. This section does not supersede or in any manner affect the
federal laws governing copyrights or enlarge, diminish or affect in
any other manner the rights of a person in any written book or
record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 12. NRS 463.120 is hereby amended to read as follows:
463.120 1. The Board and the Commission shall cause to be
made and kept a record of all proceedings at regular and special
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meetings of the Board and the Commission. These records are open
to public inspection.
2. The Board shall maintain a file of all applications for
licenses under this chapter and chapter 466 of NRS, together with a
record of all action taken with respect to those applications. The file
and record are open to public inspection.
3. The Board and the Commission may maintain such other
files and records as they may deem desirable.
4. Except as otherwise provided in this section, all information
and data:
(a) Required by the Board or Commission to be furnished to it
under chapters 462 to 466, inclusive, of NRS or any regulations
adopted pursuant thereto or which may be otherwise obtained
relative to the finances, earnings or revenue of any applicant or
licensee;
(b) Pertaining to an applicant’s or natural person’s criminal
record, antecedents and background which have been furnished to or
obtained by the Board or Commission from any source;
(c) Provided to the members, agents or employees of the Board
or Commission by a governmental agency or an informer or on the
assurance that the information will be held in confidence and treated
as confidential;
(d) Obtained by the Board from a manufacturer, distributor or
operator relating to:
(1) The manufacturing of gaming devices; and
(2) Any other technology regulated by the Board; or
(e) [Obtained by the Board from a public accommodation
facility pursuant to NRS 447.345; or
(f)] Prepared or obtained by an agent or employee of the Board
or Commission pursuant to an audit, investigation, determination or
hearing,
are confidential and may be revealed in whole or in part only in
the course of the necessary administration of this chapter or upon
the lawful order of a court of competent jurisdiction. The Board and
Commission may reveal such information and data to an authorized
agent of any agency of the United States Government, any state or
any political subdivision of a state or the government of any foreign
country. Notwithstanding any other provision of state law, such
information may not be otherwise revealed without specific
authorization by the Board or Commission.
5. Notwithstanding any other provision of state law, any and all
information and data prepared or obtained by an agent or employee
of the Board or Commission relating to an application for a license,
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a finding of suitability or any approval that is required pursuant to
the provisions of chapters 462 to 466, inclusive, of NRS or any
regulations adopted pursuant thereto, are confidential and absolutely
privileged and may be revealed in whole or in part only in the
course of the necessary administration of such provisions and with
specific authorization and waiver of the privilege by the Board or
Commission. The Board and Commission may reveal such
information and data to an authorized agent of any agency of the
United States Government, any state or any political subdivision of
a state or the government of any foreign country.
6. Notwithstanding any other provision of state law, if any
applicant or licensee provides or communicates any information and
data to an agent or employee of the Board or Commission in
connection with its regulatory, investigative or enforcement
authority:
(a) All such information and data are confidential and privileged
and the confidentiality and privilege are not waived if the
information and data are shared or have been shared with an
authorized agent of any agency of the United States Government,
any state or any political subdivision of a state or the government of
any foreign country in connection with its regulatory, investigative
or enforcement authority, regardless of whether such information
and data are shared or have been shared either before or after being
provided or communicated to an agent or employee of the Board or
Commission; and
(b) The applicant or licensee has a privilege to refuse to
disclose, and to prevent any other person or governmental agent,
employee or agency from disclosing, the privileged information and
data.
7. Before the beginning of each legislative session, the Board
shall submit to the Legislative Commission for its review and for
the use of the Legislature a report on the gross revenue, net revenue
and average depreciation of all licensees, categorized by class of
licensee and geographical area and the assessed valuation of the
property of all licensees, by category, as listed on the assessment
rolls.
8. Notice of the content of any information or data furnished or
released pursuant to subsection 4 may be given to any applicant or
licensee in a manner prescribed by regulations adopted by the
Commission.
9. The files, records and reports of the Board are open at all
times to inspection by the Commission and its authorized agents.
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10. All files, records, reports and other information pertaining
to gaming matters in the possession of the Nevada Tax Commission
must be made available to the Board and the Nevada Gaming
Commission as is necessary to the administration of this chapter.
11. For the purposes of this section, “information and data”
means all information and data in any form, including, without
limitation, any oral, written, audio, visual, digital or electronic form,
and the term includes, without limitation, any account, book,
correspondence, file, message, paper, record, report or other type of
document, including, without limitation, any document containing
self-evaluative assessments, self-critical analysis or self-appraisals
of an applicant’s or licensee’s compliance with statutory or
regulatory requirements.
Sec. 13. Any regulations adopted by the Director of the
Department of Health and Human Services or a district board of
health pursuant to NRS 447.300 to 447.355, inclusive, as those
sections existed before the effective date of this act, are void.
Sec. 14. 1. This act does not apply to:
(a) A cause of action or claim described in NRS 41.810 to
41.835, inclusive, as those sections existed before the effective date
of this act, arising from a personal injury or death accruing before
the effective date of this act; or
(b) An act for which a state business license may be suspended
pursuant to NRS 76.172, as that section existed before the effective
date of this act, that occurred before the effective date of this act.
2. Notwithstanding the provisions of section 34 of chapter 8,
Statutes of Nevada 2020, 32nd Special Session, at page 114, the
provisions of NRS 41.810 to 41.835, inclusive, as those sections
existed before the effective date of this act, do not apply to any
cause of action or claim arising from an injury or death that accrues
on or after the effective date of this act and before July 1, 2023.
Sec. 15. NRS 41.810, 41.815, 41.820, 41.825, 41.830, 41.835,
76.172, 447.300, 447.305, 447.310, 447.315, 447.320, 447.325,
447.330, 447.335, 447.340, 447.345, 447.350 and 447.355 are
hereby repealed.
Sec. 16. This act becomes effective upon passage and
approval.
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