S.B. 360 - *SB360* SENATE BILL NO. 360–SENATOR ROGICH MARCH 17, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Imposes requirements relating to the safety of hotels. (BDR 40-1034) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to hotels; requiring the State Board of Health to adopt regulations requiring, with certain exceptions, certain hotel operators in a county whose population is 100,000 or more to ensure that each occupied guest room at the hotel receives daily room cleaning; requiring the Board to adopt regulations requiring certain hotel operators in a county whose population is 100,000 or more to ensure that the interior of each occupied guest room at the hotel is visually inspected by a room attendant not less than every second consecutive day during a guest’s occupancy to ensure the safety of the guest and the public; authorizing a health authority to, upon receiving a complaint, inspect a hotel to ensure and enforce compliance with such regulations; establishing that a person aggrieved by a violation of such regulations may institute a civil action; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the State Board of Health to adopt, amend and enforce 1 regulations consistent with law to regulate sanitation and sanitary practices in the 2 interests of public health. (NRS 439.200) Section 12 of this bill requires the Board 3 to adopt regulations to require, with certain exceptions, a hotel operator to ensure 4 that each occupied guest room at the hotel receives daily room cleaning if the hotel 5 is a: (1) resort hotel; or (2) hotel that contains more than 200 guest rooms or suites 6 of guest rooms. Section 13 of this bill requires the Board to adopt regulations to 7 require a hotel operator to ensure that the interior of each occupied guest room at 8 the hotel is visually inspected by a room attendant not less than every second 9 – 2 – - *SB360* consecutive day during a guest’s occupancy to ensure the safety of the guest and 10 the public if the hotel is a: (1) resort hotel; or (2) hotel that contains more than 200 11 guest rooms or suites of guest rooms. 12 Existing law requires a health authority to enforce regulations relating to hotels. 13 (NRS 447.190) Section 14 of this bill authorizes a health authority to, upon 14 receiving a complaint, inspect a hotel to ensure and enforce compliance with the 15 regulations required by sections 12 and 13. Section 15 of this bill requires the 16 Director of the Department of Health and Human Services to adopt regulations to 17 prohibit a hotel operator from retaliating against a hotel employee for: (1) 18 participating in proceedings related to sections 11-16 of this bill; (2) disclosing or 19 threatening to disclose an activity, policy or practice that the hotel employee 20 reasonably believes to violate sections 11-16 or to otherwise pose a substantial and 21 specific danger to public health or safety; (3) refusing to participate in any such 22 activity, policy or practice; or (4) seeking enforcement of sections 11-16. 23 Section 16 establishes that a person aggrieved by a violation of the regulations 24 adopted pursuant to section 12, 13 or 14 may institute a civil action in a court of 25 competent jurisdiction. 26 Section 11 applies the provisions of sections 11-16 to a county whose 27 population is 100,000 or more (currently Clark and Washoe Counties). 28 Sections 2-10 of this bill define certain necessary terms. 29 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 447 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 16, inclusive, of this 2 act. 3 Sec. 2. “Board” means the State Board of Health. 4 Sec. 3. “Department” means the Department of Health and 5 Human Services. 6 Sec. 4. “Guest room” means a private room made available 7 by a hotel for occupancy by a guest. The term includes, without 8 limitation, a guest room comprised of several interconnected 9 rooms. 10 Sec. 5. “Hotel employee” means any natural person in the 11 service of a hotel operator who provides such service under any 12 appointment or contract of hire or apprenticeship, express or 13 implied, oral or written, whether lawfully or unlawfully employed. 14 Sec. 6. “Hotel operator” means any owner or keeper of a 15 hotel. The term includes, without limitation, any person or 16 contractor who, in a managerial, supervisory or confidential 17 capacity, employs one or more hotel employees. 18 Sec. 7. “Occupied guest room” means a guest room for 19 which a guest is currently checked in, regardless of whether the 20 guest is physically present in the room. 21 Sec. 8. “Resort hotel” means: 22 1. A resort hotel, as defined in NRS 463.01865; 23 – 3 – - *SB360* 2. An establishment described in section 19 of chapter 452, 1 Statutes of Nevada 1997, at page 1713; or 2 3. A resort hotel described in section 20 of chapter 452, 3 Statutes of Nevada 1997, at page 1713. 4 Sec. 9. “Room attendant” means a hotel employee whose 5 principal duties are to clean and maintain guest rooms in a hotel. 6 Sec. 10. “Room cleaning” means the performance of 7 services or tasks that are necessary to maintain the cleanliness of 8 a guest room before, during or after a guest occupies the guest 9 room. The term does not include: 10 1. Organizing or maintaining inventory in a guest room; 11 2. Delivering inventory to a guest room; 12 3. Turndown service or other tasks associated with preparing 13 a bed that was already made; or 14 4. Conducting preventative or necessary maintenance to a 15 guest room, including, without limitation, repairs, replacement 16 and general maintenance of appliances, electronics, furniture, 17 doors, windows, carpets, walls, plumbing and other fixtures. 18 Sec. 11. The provisions of sections 11 to 16, inclusive, of this 19 act apply to a county whose population is 100,000 or more. 20 Sec. 12. 1. The Board shall adopt regulations requiring, 21 except as provided in subsection 2, a hotel operator to ensure that 22 each occupied guest room at the hotel receives daily room 23 cleaning if the hotel is: 24 (a) A resort hotel; or 25 (b) A hotel that contains more than 200 guest rooms or 26 designated suites of guest rooms. 27 2. The Board shall not require a hotel operator to ensure that 28 an occupied guest room receives daily room cleaning in 29 accordance with subsection 1 if: 30 (a) The hotel operator is unable to provide room cleaning due 31 to: 32 (1) The occurrence of an emergency; or 33 (2) A superseding government restriction prohibiting the 34 performance of the room cleaning; or 35 (b) The guest occupying the room: 36 (1) Conspicuously displays a “do not disturb” or “privacy” 37 marker on the door of the entrance to the guest room; or 38 (2) Opts out of daily room cleaning orally or in writing for 39 all or part of the duration of the guest’s stay in the guest room. 40 3. If a guest opts out of daily room cleaning in accordance 41 with paragraph (b) of subsection 2, the Board shall require the 42 hotel operator to maintain written documentation of the guest’s 43 choice to opt out for a period of not less than 3 years. 44 – 4 – - *SB360* 4. The Board shall adopt regulations prohibiting a hotel from 1 advising or incentivizing guests to decline daily room cleaning. 2 5. For the purposes of this section, “emergency” means an 3 occurrence or threatened occurrence for which action is necessary 4 to save lives, protect property or to protect the health and safety of 5 persons, or to avert the threat of damage to property or injury to 6 persons. 7 Sec. 13. 1. The Board shall adopt regulations requiring a 8 hotel operator to ensure that the interior of each occupied guest 9 room at the hotel is visually inspected by a room attendant not less 10 than every second consecutive day during a guest’s occupancy to 11 ensure the safety of the guest and the public if the hotel is a: 12 (a) Resort hotel; or 13 (b) Hotel that contains more than 200 guest rooms or 14 designated suites of guest rooms. 15 2. A room attendant performing a visual inspection of an 16 occupied guest room in accordance with subsection 1 may: 17 (a) Request the physical presence of either security personnel 18 or a manager for the hotel for the duration of an inspection of an 19 occupied guest room; and 20 (b) Decline to perform an inspection of an occupied guest 21 room until security personnel or a manager for the hotel is 22 present. 23 3. The Board shall adopt regulations prohibiting a room 24 attendant who performs a visual inspection of an occupied guest 25 room in accordance with subsection 1 from physically inspecting 26 or moving any property which belongs to the guest in the occupied 27 guest room. 28 Sec. 14. 1. The health authority may, upon receiving a 29 complaint, inspect a hotel to ensure compliance with the 30 provisions of the regulations adopted pursuant to sections 12 and 31 13 of this act. 32 2. Upon discovering a violation of the regulations adopted 33 pursuant to sections 12 and 13 of this act, and after notice and the 34 opportunity for a hearing, the health authority: 35 (a) Shall order the hotel operator to correct the violation. 36 (b) May impose an administrative fine of not more than $500 37 for each initial violation or $1,000 for each second or subsequent 38 violation. 39 (c) If the violation occurs at a hotel that is not a resort hotel, 40 may notify any local governmental entity responsible for licensing 41 or regulating the hotel. Upon receiving such notification, the local 42 governmental entity shall review the violation and may take 43 further action, including, without limitation, suspending or 44 revoking the license of the hotel, to enforce the regulations 45 – 5 – - *SB360* adopted pursuant to sections 12 and 13 of this act. Such action 1 must be taken in accordance with any procedures established by 2 the local governmental entity for actions to enforce statutes or 3 regulations or impose disciplinary action generally. 4 (d) If the violation occurs at a resort hotel subject to the 5 jurisdiction of the Nevada Gaming Control Board, shall notify the 6 Nevada Gaming Control Board. Upon receiving such notification, 7 the Nevada Gaming Control Board may take further action to 8 enforce the regulations adopted pursuant to sections 12 and 13 of 9 this act. Such action must be taken in accordance with any 10 procedures established by the Nevada Gaming Control Board for 11 actions to enforce statutes or regulations or impose disciplinary 12 action generally. 13 Sec. 15. The Director of the Department shall adopt 14 regulations prohibiting a hotel operator from discharging, 15 reducing the compensation of, increasing the workload of, 16 imposing fees or charges on, changing the duties of or otherwise 17 taking adverse action against a hotel employee in retaliation for: 18 1. Participating in proceedings related to sections 11 to 16, 19 inclusive, of this act; 20 2. Disclosing or threatening to disclose to a supervisor or a 21 governmental entity an activity, policy or practice of a hotel 22 operator that the hotel employee reasonably believes to violate 23 sections 11 to 16, inclusive, of this act or otherwise poses a 24 substantial and specific danger to public health or safety; 25 3. Refusing to participate in any activity, policy or practice 26 described in subsection 2; or 27 4. Seeking enforcement of sections 11 to 16, inclusive, of this 28 act. 29 Sec. 16. 1. A person aggrieved by a violation of the 30 regulations adopted pursuant to section 12, 13 or 14 of this act 31 may institute a civil action in a court of competent jurisdiction. 32 2. A person instituting a civil action in accordance with this 33 section must: 34 (a) Notify the Department of the civil action; and 35 (b) Send the Department a copy of the complaint. 36 Failure to notify the Department of the civil action or send the 37 Department a copy of the complaint does not adversely affect such 38 a cause of action. 39 Sec. 17. NRS 447.003 is hereby amended to read as follows: 40 447.003 As used in this chapter, unless the context otherwise 41 requires, the words and terms defined in NRS 447.007 and 447.010 , 42 and sections 2 to 10, inclusive, of this act have the meanings 43 ascribed to them in those sections. 44 – 6 – - *SB360* Sec. 18. 1. This section and sections 1 to 10, inclusive, and 1 17 of this act become effective upon passage and approval. 2 2. Sections 11 to 16, inclusive, of this act become effective: 3 (a) Upon passage and approval for the purpose of adopting any 4 regulations and performing any other preparatory administrative 5 tasks that are necessary to carry out the provisions of this act; and 6 (b) On October 1, 2025, for all other purposes. 7 H