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2 | 2 | | |
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3 | 3 | | S.B. 360 |
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4 | 4 | | |
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5 | 5 | | - *SB360* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL NO. 360–SENATOR ROGICH |
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8 | 8 | | |
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9 | 9 | | MARCH 17, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Health and Human Services |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Imposes requirements relating to the safety of hotels. |
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15 | 15 | | (BDR 40-1034) |
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16 | 16 | | |
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17 | 17 | | FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. |
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18 | 18 | | Effect on the State: Yes. |
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19 | 19 | | |
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20 | 20 | | ~ |
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21 | 21 | | |
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22 | 22 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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23 | 23 | | |
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24 | 24 | | |
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25 | 25 | | AN ACT relating to hotels; requiring the State Board of Health to |
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26 | 26 | | adopt regulations requiring, with certain exceptions, |
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27 | 27 | | certain hotel operators in a county whose population is |
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28 | 28 | | 100,000 or more to ensure that each occupied guest room |
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29 | 29 | | at the hotel receives daily room cleaning; requiring the |
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30 | 30 | | Board to adopt regulations requiring certain hotel |
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31 | 31 | | operators in a county whose population is 100,000 or |
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32 | 32 | | more to ensure that the interior of each occupied guest |
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33 | 33 | | room at the hotel is visually inspected by a room attendant |
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34 | 34 | | not less than every second consecutive day during a |
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35 | 35 | | guest’s occupancy to ensure the safety of the guest and |
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36 | 36 | | the public; authorizing a health authority to, upon |
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37 | 37 | | receiving a complaint, inspect a hotel to ensure and |
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38 | 38 | | enforce compliance with such regulations; establishing |
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39 | 39 | | that a person aggrieved by a violation of such regulations |
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40 | 40 | | may institute a civil action; and providing other matters |
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41 | 41 | | properly relating thereto. |
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42 | 42 | | Legislative Counsel’s Digest: |
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43 | 43 | | Existing law authorizes the State Board of Health to adopt, amend and enforce 1 |
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44 | 44 | | regulations consistent with law to regulate sanitation and sanitary practices in the 2 |
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45 | 45 | | interests of public health. (NRS 439.200) Section 12 of this bill requires the Board 3 |
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46 | 46 | | to adopt regulations to require, with certain exceptions, a hotel operator to ensure 4 |
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47 | 47 | | that each occupied guest room at the hotel receives daily room cleaning if the hotel 5 |
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48 | 48 | | is a: (1) resort hotel; or (2) hotel that contains more than 200 guest rooms or suites 6 |
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49 | 49 | | of guest rooms. Section 13 of this bill requires the Board to adopt regulations to 7 |
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50 | 50 | | require a hotel operator to ensure that the interior of each occupied guest room at 8 |
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51 | 51 | | the hotel is visually inspected by a room attendant not less than every second 9 |
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52 | 52 | | – 2 – |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | - *SB360* |
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56 | 56 | | consecutive day during a guest’s occupancy to ensure the safety of the guest and 10 |
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57 | 57 | | the public if the hotel is a: (1) resort hotel; or (2) hotel that contains more than 200 11 |
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58 | 58 | | guest rooms or suites of guest rooms. 12 |
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59 | 59 | | Existing law requires a health authority to enforce regulations relating to hotels. 13 |
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60 | 60 | | (NRS 447.190) Section 14 of this bill authorizes a health authority to, upon 14 |
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61 | 61 | | receiving a complaint, inspect a hotel to ensure and enforce compliance with the 15 |
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62 | 62 | | regulations required by sections 12 and 13. Section 15 of this bill requires the 16 |
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63 | 63 | | Director of the Department of Health and Human Services to adopt regulations to 17 |
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64 | 64 | | prohibit a hotel operator from retaliating against a hotel employee for: (1) 18 |
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65 | 65 | | participating in proceedings related to sections 11-16 of this bill; (2) disclosing or 19 |
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66 | 66 | | threatening to disclose an activity, policy or practice that the hotel employee 20 |
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67 | 67 | | reasonably believes to violate sections 11-16 or to otherwise pose a substantial and 21 |
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68 | 68 | | specific danger to public health or safety; (3) refusing to participate in any such 22 |
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69 | 69 | | activity, policy or practice; or (4) seeking enforcement of sections 11-16. 23 |
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70 | 70 | | Section 16 establishes that a person aggrieved by a violation of the regulations 24 |
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71 | 71 | | adopted pursuant to section 12, 13 or 14 may institute a civil action in a court of 25 |
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72 | 72 | | competent jurisdiction. 26 |
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73 | 73 | | Section 11 applies the provisions of sections 11-16 to a county whose 27 |
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74 | 74 | | population is 100,000 or more (currently Clark and Washoe Counties). 28 |
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75 | 75 | | Sections 2-10 of this bill define certain necessary terms. 29 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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79 | 79 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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80 | 80 | | |
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81 | 81 | | Section 1. Chapter 447 of NRS is hereby amended by adding 1 |
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82 | 82 | | thereto the provisions set forth as sections 2 to 16, inclusive, of this 2 |
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83 | 83 | | act. 3 |
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84 | 84 | | Sec. 2. “Board” means the State Board of Health. 4 |
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85 | 85 | | Sec. 3. “Department” means the Department of Health and 5 |
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86 | 86 | | Human Services. 6 |
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87 | 87 | | Sec. 4. “Guest room” means a private room made available 7 |
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88 | 88 | | by a hotel for occupancy by a guest. The term includes, without 8 |
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89 | 89 | | limitation, a guest room comprised of several interconnected 9 |
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90 | 90 | | rooms. 10 |
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91 | 91 | | Sec. 5. “Hotel employee” means any natural person in the 11 |
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92 | 92 | | service of a hotel operator who provides such service under any 12 |
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93 | 93 | | appointment or contract of hire or apprenticeship, express or 13 |
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94 | 94 | | implied, oral or written, whether lawfully or unlawfully employed. 14 |
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95 | 95 | | Sec. 6. “Hotel operator” means any owner or keeper of a 15 |
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96 | 96 | | hotel. The term includes, without limitation, any person or 16 |
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97 | 97 | | contractor who, in a managerial, supervisory or confidential 17 |
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98 | 98 | | capacity, employs one or more hotel employees. 18 |
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99 | 99 | | Sec. 7. “Occupied guest room” means a guest room for 19 |
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100 | 100 | | which a guest is currently checked in, regardless of whether the 20 |
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101 | 101 | | guest is physically present in the room. 21 |
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102 | 102 | | Sec. 8. “Resort hotel” means: 22 |
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103 | 103 | | 1. A resort hotel, as defined in NRS 463.01865; 23 |
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104 | 104 | | – 3 – |
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105 | 105 | | |
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106 | 106 | | |
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107 | 107 | | - *SB360* |
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108 | 108 | | 2. An establishment described in section 19 of chapter 452, 1 |
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109 | 109 | | Statutes of Nevada 1997, at page 1713; or 2 |
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110 | 110 | | 3. A resort hotel described in section 20 of chapter 452, 3 |
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111 | 111 | | Statutes of Nevada 1997, at page 1713. 4 |
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112 | 112 | | Sec. 9. “Room attendant” means a hotel employee whose 5 |
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113 | 113 | | principal duties are to clean and maintain guest rooms in a hotel. 6 |
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114 | 114 | | Sec. 10. “Room cleaning” means the performance of 7 |
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115 | 115 | | services or tasks that are necessary to maintain the cleanliness of 8 |
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116 | 116 | | a guest room before, during or after a guest occupies the guest 9 |
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117 | 117 | | room. The term does not include: 10 |
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118 | 118 | | 1. Organizing or maintaining inventory in a guest room; 11 |
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119 | 119 | | 2. Delivering inventory to a guest room; 12 |
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120 | 120 | | 3. Turndown service or other tasks associated with preparing 13 |
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121 | 121 | | a bed that was already made; or 14 |
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122 | 122 | | 4. Conducting preventative or necessary maintenance to a 15 |
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123 | 123 | | guest room, including, without limitation, repairs, replacement 16 |
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124 | 124 | | and general maintenance of appliances, electronics, furniture, 17 |
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125 | 125 | | doors, windows, carpets, walls, plumbing and other fixtures. 18 |
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126 | 126 | | Sec. 11. The provisions of sections 11 to 16, inclusive, of this 19 |
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127 | 127 | | act apply to a county whose population is 100,000 or more. 20 |
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128 | 128 | | Sec. 12. 1. The Board shall adopt regulations requiring, 21 |
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129 | 129 | | except as provided in subsection 2, a hotel operator to ensure that 22 |
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130 | 130 | | each occupied guest room at the hotel receives daily room 23 |
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131 | 131 | | cleaning if the hotel is: 24 |
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132 | 132 | | (a) A resort hotel; or 25 |
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133 | 133 | | (b) A hotel that contains more than 200 guest rooms or 26 |
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134 | 134 | | designated suites of guest rooms. 27 |
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135 | 135 | | 2. The Board shall not require a hotel operator to ensure that 28 |
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136 | 136 | | an occupied guest room receives daily room cleaning in 29 |
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137 | 137 | | accordance with subsection 1 if: 30 |
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138 | 138 | | (a) The hotel operator is unable to provide room cleaning due 31 |
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139 | 139 | | to: 32 |
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140 | 140 | | (1) The occurrence of an emergency; or 33 |
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141 | 141 | | (2) A superseding government restriction prohibiting the 34 |
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142 | 142 | | performance of the room cleaning; or 35 |
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143 | 143 | | (b) The guest occupying the room: 36 |
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144 | 144 | | (1) Conspicuously displays a “do not disturb” or “privacy” 37 |
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145 | 145 | | marker on the door of the entrance to the guest room; or 38 |
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146 | 146 | | (2) Opts out of daily room cleaning orally or in writing for 39 |
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147 | 147 | | all or part of the duration of the guest’s stay in the guest room. 40 |
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148 | 148 | | 3. If a guest opts out of daily room cleaning in accordance 41 |
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149 | 149 | | with paragraph (b) of subsection 2, the Board shall require the 42 |
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150 | 150 | | hotel operator to maintain written documentation of the guest’s 43 |
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151 | 151 | | choice to opt out for a period of not less than 3 years. 44 |
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152 | 152 | | – 4 – |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | - *SB360* |
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156 | 156 | | 4. The Board shall adopt regulations prohibiting a hotel from 1 |
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157 | 157 | | advising or incentivizing guests to decline daily room cleaning. 2 |
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158 | 158 | | 5. For the purposes of this section, “emergency” means an 3 |
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159 | 159 | | occurrence or threatened occurrence for which action is necessary 4 |
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160 | 160 | | to save lives, protect property or to protect the health and safety of 5 |
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161 | 161 | | persons, or to avert the threat of damage to property or injury to 6 |
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162 | 162 | | persons. 7 |
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163 | 163 | | Sec. 13. 1. The Board shall adopt regulations requiring a 8 |
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164 | 164 | | hotel operator to ensure that the interior of each occupied guest 9 |
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165 | 165 | | room at the hotel is visually inspected by a room attendant not less 10 |
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166 | 166 | | than every second consecutive day during a guest’s occupancy to 11 |
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167 | 167 | | ensure the safety of the guest and the public if the hotel is a: 12 |
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168 | 168 | | (a) Resort hotel; or 13 |
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169 | 169 | | (b) Hotel that contains more than 200 guest rooms or 14 |
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170 | 170 | | designated suites of guest rooms. 15 |
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171 | 171 | | 2. A room attendant performing a visual inspection of an 16 |
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172 | 172 | | occupied guest room in accordance with subsection 1 may: 17 |
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173 | 173 | | (a) Request the physical presence of either security personnel 18 |
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174 | 174 | | or a manager for the hotel for the duration of an inspection of an 19 |
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175 | 175 | | occupied guest room; and 20 |
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176 | 176 | | (b) Decline to perform an inspection of an occupied guest 21 |
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177 | 177 | | room until security personnel or a manager for the hotel is 22 |
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178 | 178 | | present. 23 |
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179 | 179 | | 3. The Board shall adopt regulations prohibiting a room 24 |
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180 | 180 | | attendant who performs a visual inspection of an occupied guest 25 |
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181 | 181 | | room in accordance with subsection 1 from physically inspecting 26 |
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182 | 182 | | or moving any property which belongs to the guest in the occupied 27 |
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183 | 183 | | guest room. 28 |
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184 | 184 | | Sec. 14. 1. The health authority may, upon receiving a 29 |
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185 | 185 | | complaint, inspect a hotel to ensure compliance with the 30 |
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186 | 186 | | provisions of the regulations adopted pursuant to sections 12 and 31 |
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187 | 187 | | 13 of this act. 32 |
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188 | 188 | | 2. Upon discovering a violation of the regulations adopted 33 |
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189 | 189 | | pursuant to sections 12 and 13 of this act, and after notice and the 34 |
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190 | 190 | | opportunity for a hearing, the health authority: 35 |
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191 | 191 | | (a) Shall order the hotel operator to correct the violation. 36 |
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192 | 192 | | (b) May impose an administrative fine of not more than $500 37 |
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193 | 193 | | for each initial violation or $1,000 for each second or subsequent 38 |
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194 | 194 | | violation. 39 |
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195 | 195 | | (c) If the violation occurs at a hotel that is not a resort hotel, 40 |
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196 | 196 | | may notify any local governmental entity responsible for licensing 41 |
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197 | 197 | | or regulating the hotel. Upon receiving such notification, the local 42 |
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198 | 198 | | governmental entity shall review the violation and may take 43 |
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199 | 199 | | further action, including, without limitation, suspending or 44 |
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200 | 200 | | revoking the license of the hotel, to enforce the regulations 45 |
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201 | 201 | | – 5 – |
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202 | 202 | | |
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203 | 203 | | |
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204 | 204 | | - *SB360* |
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205 | 205 | | adopted pursuant to sections 12 and 13 of this act. Such action 1 |
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206 | 206 | | must be taken in accordance with any procedures established by 2 |
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207 | 207 | | the local governmental entity for actions to enforce statutes or 3 |
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208 | 208 | | regulations or impose disciplinary action generally. 4 |
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209 | 209 | | (d) If the violation occurs at a resort hotel subject to the 5 |
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210 | 210 | | jurisdiction of the Nevada Gaming Control Board, shall notify the 6 |
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211 | 211 | | Nevada Gaming Control Board. Upon receiving such notification, 7 |
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212 | 212 | | the Nevada Gaming Control Board may take further action to 8 |
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213 | 213 | | enforce the regulations adopted pursuant to sections 12 and 13 of 9 |
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214 | 214 | | this act. Such action must be taken in accordance with any 10 |
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215 | 215 | | procedures established by the Nevada Gaming Control Board for 11 |
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216 | 216 | | actions to enforce statutes or regulations or impose disciplinary 12 |
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217 | 217 | | action generally. 13 |
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218 | 218 | | Sec. 15. The Director of the Department shall adopt 14 |
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219 | 219 | | regulations prohibiting a hotel operator from discharging, 15 |
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220 | 220 | | reducing the compensation of, increasing the workload of, 16 |
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221 | 221 | | imposing fees or charges on, changing the duties of or otherwise 17 |
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222 | 222 | | taking adverse action against a hotel employee in retaliation for: 18 |
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223 | 223 | | 1. Participating in proceedings related to sections 11 to 16, 19 |
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224 | 224 | | inclusive, of this act; 20 |
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225 | 225 | | 2. Disclosing or threatening to disclose to a supervisor or a 21 |
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226 | 226 | | governmental entity an activity, policy or practice of a hotel 22 |
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227 | 227 | | operator that the hotel employee reasonably believes to violate 23 |
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228 | 228 | | sections 11 to 16, inclusive, of this act or otherwise poses a 24 |
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229 | 229 | | substantial and specific danger to public health or safety; 25 |
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230 | 230 | | 3. Refusing to participate in any activity, policy or practice 26 |
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231 | 231 | | described in subsection 2; or 27 |
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232 | 232 | | 4. Seeking enforcement of sections 11 to 16, inclusive, of this 28 |
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233 | 233 | | act. 29 |
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234 | 234 | | Sec. 16. 1. A person aggrieved by a violation of the 30 |
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235 | 235 | | regulations adopted pursuant to section 12, 13 or 14 of this act 31 |
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236 | 236 | | may institute a civil action in a court of competent jurisdiction. 32 |
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237 | 237 | | 2. A person instituting a civil action in accordance with this 33 |
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238 | 238 | | section must: 34 |
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239 | 239 | | (a) Notify the Department of the civil action; and 35 |
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240 | 240 | | (b) Send the Department a copy of the complaint. 36 |
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241 | 241 | | Failure to notify the Department of the civil action or send the 37 |
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242 | 242 | | Department a copy of the complaint does not adversely affect such 38 |
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243 | 243 | | a cause of action. 39 |
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244 | 244 | | Sec. 17. NRS 447.003 is hereby amended to read as follows: 40 |
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245 | 245 | | 447.003 As used in this chapter, unless the context otherwise 41 |
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246 | 246 | | requires, the words and terms defined in NRS 447.007 and 447.010 , 42 |
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247 | 247 | | and sections 2 to 10, inclusive, of this act have the meanings 43 |
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248 | 248 | | ascribed to them in those sections. 44 |
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249 | 249 | | – 6 – |
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250 | 250 | | |
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251 | 251 | | |
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252 | 252 | | - *SB360* |
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253 | 253 | | Sec. 18. 1. This section and sections 1 to 10, inclusive, and 1 |
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254 | 254 | | 17 of this act become effective upon passage and approval. 2 |
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255 | 255 | | 2. Sections 11 to 16, inclusive, of this act become effective: 3 |
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256 | 256 | | (a) Upon passage and approval for the purpose of adopting any 4 |
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257 | 257 | | regulations and performing any other preparatory administrative 5 |
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258 | 258 | | tasks that are necessary to carry out the provisions of this act; and 6 |
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259 | 259 | | (b) On October 1, 2025, for all other purposes. 7 |
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261 | 261 | | H |
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