Includes Unfunded Mandate - §§ 1, 2, 14, 15

(Not Requested by Affected Local Government)

SUMMARY—Revises provisions relating to public health. (BDR 40-16)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.

Effect on the State: Yes.

AN ACT relating to public health; providing certain powers and duties in certain circumstances

to a district health department in certain larger counties relating to public health in

licensed gaming establishments; requiring the Department of Health and Human

Services to establish minimum standards for cleaning in public accommodation

facilities in certain counties; requiring the Department to adopt regulations requiring

such a facility to adopt protocols and plans concerning the prevention of and response

to SARS-CoV-2; providing for inspection of such facilities for compliance with such

requirements; limiting the civil liability of certain businesses conducted for profit,

governmental entities and nonprofit organizations for personal injury or death resulting

from exposure to COVID-19; authorizing the Secretary of State to suspend the state

business license of a person that does not comply with certain health standards related

to COVID-19; requiring the transfer of certain money to certain health districts for

enforcement purposes; and providing other matters properly relating thereto.

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Legislative Counsel’s Digest:

Existing law: (1) creates a health district in a county whose population is 700,000 or more

(currently only Clark County); and (2) authorizes the board of county commissioners and the

governing bodies of any towns or cities in a smaller county to create a health district. (NRS

439.361, 439.362, 439.370) Existing law provides for the creation of a district health department

in a health district. (NRS 439.362, 439.370) Sections 1 and 2 of this bill: (1) require a district

health department in a county whose population is 100,000 or more (currently Clark and Washoe

Counties), upon the request of the Nevada Gaming Control Board, to advise the Board

concerning public health matters relating to licensed gaming establishments in the health district;

and (2) authorize such a district health department, upon the request of the Board, to enforce

regulations adopted by the Board concerning matters of public health against such an

establishment.

Sections 3-15 of this bill generally: (1) require 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

which apply only during the duration of a declaration of a public health emergency due to SARS-

CoV-2 and during other periods in which conditions concerning the prevalence of SARS-CoV-2

exist; and (2) provide for the enforcement of those regulations.

Section 11 of this bill requires the Director to adopt regulations requiring a public

accommodation facility to establish standards for the cleaning of public accommodation facilities

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that are designed to reduce the transmission of SARS-CoV-2. Section 12 of this bill requires the

Director to adopt regulations requiring each public accommodation facility to establish protocols

to: (1) limit the transmission of SARS-CoV-2; and (2) train staff concerning the prevention and

mitigation of SARS-CoV-2 transmission.

Section 13 of this bill requires the Director to adopt regulations requiring each public

accommodation facility to establish, implement and maintain a written SARS-CoV-2 response

plan that provides testing and time off for employees who have been exposed to SARS-CoV-2 or

are experiencing the symptoms of COVID-19. Section 13 authorizes: (1) the Nevada Gaming

Control Board to require a public accommodation facility under its jurisdiction to submit a copy

of its written SARS-CoV-2 response plan to the Board; and (2) the health authority to require a

public accommodation facility that is not under the jurisdiction of the Board to submit a copy of

its written SARS-CoV-2 response plan to the health authority. Sections 13, 32 and 33 of this bill

provide for the confidentiality of those plans. Section 14 of this bill requires the Director to

adopt regulations prohibiting a public accommodation facility from retaliating against an

employee for participating in proceedings related to sections 3-15 or seeking enforcement of

those provisions.

Section 31 of this bill exempts the regulations that the Director is required to adopt in

sections 11-14 from the requirements of the Nevada Administrative Procedure Act concerning

the adoption, amendment or repeal of regulations. However, section 10 of this bill requires the

Director to allow any interested person to comment on the adoption, amendment or repeal of

those regulations. Section 10 also prohibits the Director from adopting regulations more

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stringent than necessary to carry out the requirements of this bill. Section 15 of this bill requires

a district board of health of a health district in a county whose population is 100,000 or more to

adopt, amend or repeal regulations that are substantively identical to the regulations adopted,

amended or repealed by the Director in sections 11-14. Section 14 provides for the enforcement

by the health authority and the Nevada Gaming Control Board of the regulations adopted

pursuant to and other provisions of sections 11-15. Sections 16-22 of this bill make conforming

changes.

Section 29 of this bill provides that certain businesses conducted for profit, governmental

entities and nonprofit organizations are immune from civil liability for personal injury or death

resulting from exposure to COVID-19, if the business, governmental entity or nonprofit

organization substantially complied with controlling health standards. Section 29 also: (1)

requires the complaint in any such civil action to be pled with particularity; and (2) provides that

such immunity does not apply if the business, governmental entity or nonprofit organization

violated controlling health standards with gross negligence and the gross negligence was the

proximate cause of the personal injury or death. Section 29 requires the court, as a matter of law,

to determine substantial compliance with controlling health standards. Section 34 of this bill

provides that these procedures apply to any cause of action or claim that accrues before, on or

after the effective date of this bill 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.

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 Section 30 of this bill 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.

Section 30 requires the Secretary of State to provide notice of the suspension to the person.

Section 39 of this bill provides that the authority to suspend a state business license expires by

limitation on the later of the following dates: (1) the date on which the Governor terminates the

emergency described in the Declaration of Emergency issued on March 12, 2020; or (2) July 1,

2023.

Section 35 of this bill transfers certain money to the applicable health districts to enforce

sections 3-15 and the regulations adopted pursuant thereto. Section 36 of this bill requires the

Director and applicable district boards of health to adopt the regulations required by sections 11-

15 by a prescribed date.

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.

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 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;

(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.

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 [4.] 5. 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.

[5.] 6. 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.

[6.] 7. 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.

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 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 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

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 (d) Protect and promote the public health generally in the geographical area subject to the

jurisdiction of the health district.

[4.] 5. 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.

[5.] 6. 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.

[6.] 7. 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. Chapter 447 of NRS is hereby amended by adding thereto the provisions set forth as

sections 4 to 15, inclusive, of this act.

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 Sec. 4. 1. The provisions of sections 4 to 15, inclusive, of this act apply to a county

whose population is 100,000 or more.

2. The regulations adopted pursuant to sections 11 to 15, inclusive, of this act and, except

as otherwise provided in subsection 3, the powers, requirements and prohibitions set forth in

provisions of sections 4 to 15, inclusive, of this act apply:

(a) During any period in which a public health emergency due to SARS-CoV-2 has been

declared by the Governor and remains in effect; or

(b) Each day on which:

(1) The rate of positive test results for SARS-CoV-2 in the county reported by the

Division of Public and Behavioral Health of the Department exceeds 5 percent in any rolling

14-day period in the 90-day period immediately preceding that day; or

(2) The number of new COVID-19 cases in the county reported by the Division of

Public and Behavioral Health of the Department exceeds 100 new cases per 100,000 residents

in any rolling 14-day period in the 90-day period immediately preceding that day.

3. The provisions of subsection 2 do not apply to the requirements relating to the

adoption, amendment or repeal of regulations pursuant to sections 11 to 15, inclusive, of this

act.

Sec. 5. As used in sections 4 to 15, inclusive, of this act, unless the context otherwise

requires, the words and terms defined in sections 6 to 9, inclusive, of this act have the

meanings ascribed to them in those sections.

Sec. 6. “Director” means the Director of the Department of Health and Human Services.

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 Sec. 7. “Employee” means any natural person in the service of an employer operating a

public accommodation facility who provides such service under any appointment or contract

of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully

employed.

Sec. 8. “Health authority” means the officers and agents of the district health

department or, in a location that is not part of a health district, the officers and agents of the

Division of Public and Behavioral Health of the Department of Health and Human Services.

Sec. 9. “Public accommodation facility” or “facility” means a hotel and casino, resort,

hotel, motel, hostel, bed and breakfast facility or other facility offering rooms or areas to the

public for monetary compensation or other financial consideration on an hourly, daily or

weekly basis.

Sec. 10. 1. Any regulation adopted, amended or repealed by the Director pursuant to

sections 11 to 14, inclusive, of this act must not be more stringent than necessary to meet the

requirements of those sections.

2. The Director must allow any interested person a reasonable opportunity to submit

written or oral comment concerning the adoption, amendment or repeal of a regulation

pursuant to sections 11 to 14, inclusive, of this act.

Sec. 11. 1. The Director shall adopt regulations requiring a public accommodation

facility to establish standards for cleaning that are designed to reduce the transmission of

SARS-CoV-2. Those standards must require:

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 (a) The use of cleaning products that are qualified by the United States Environmental

Protection Agency for use against SARS-CoV-2 for the cleaning required by paragraphs (b) to

(p), inclusive.

(b) Desks, tabletops, minibars that have been used after the most recent cleaning, interior

and exterior handles of doors, faucets, toilets, nonporous headboards of beds, light switches,

remote controls, telephones, keyboards, touch screens, bed linens, towels, bed scarves and

other decorative items on beds in guest rooms to be cleaned every day that the room is in use

unless the guest using the room declines in-room housekeeping.

(c) The following high-contact areas and items in locations used by employees throughout

the day to be cleaned while in use:

(1) Fixtures with which guests and employees may be expected to have regular physical

contact;

(2) Doors and door handles at exterior entrances;

(3) Door handles at interior entrances regularly accessed by guests and employees;

(4) Regularly used computer keyboards, touch screens, credit card readers, printers,

telephones, light switches, ice machines, vending machines and other frequently used

instruments and equipment; and

(5) Countertops and desks in entrance areas and other high-usage areas.

(d) Glass surfaces, desks, tabletops, door handles and light switches in public areas to be

cleaned throughout the day while in use.

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 (e) Counters, desks, touch screens, keyboards, credit card readers and desktops in front

desk areas to be cleaned throughout the day while in use.

(f) Key cards and other types of keys for accessing rooms to be cleaned before those key

cards or other keys are issued to another guest or removed from circulation for at least 24

hours after a guest checks out.

(g) Elevator buttons and rails in guest and service elevators to be cleaned regularly

throughout the day if the elevator is in use.

(h) Sinks, faucets, walls, toilets, toilet paper dispensers and door handles to be cleaned

regularly throughout the day while in use.

(i) Work surfaces, tables, utensils, counters, touch screens and keyboards in areas used for

food preparation to be cleaned regularly throughout the day.

(j) Tables, desks, tabletops, door handles and light switches in shared offices, employee

locker rooms and employee cafeterias to be cleaned regularly throughout the day while in use.

(k) Exercise equipment, weights, tables, countertops, chairs, lockers and benches in fitness

centers to be cleaned regularly throughout the day while in use.

(l) Tabletops in meeting rooms to be cleaned while in use.

(m) Tables, bartops, menus and check presentation holders in bar and restaurant facilities

to be cleaned after use by a guest.

(n) Touch screens and keyboards in bar and restaurant facilities to be cleaned regularly

while in use.

(o) Soiled laundry to be cleaned as necessary.

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 (p) Laundry carts and hampers to be cleaned regularly throughout the day while in use.

2. A public accommodation facility shall not advise or incentivize guests to decline daily

in-room housekeeping.

3. An employer operating a public accommodation facility shall conspicuously post at

each employee entrance and on each bulletin board where the facility regularly posts official

communications with employees:

(a) A one-page summary of the standards adopted pursuant to subsection 1; and

(b) A list of key contact persons at public health agencies.

4. An employer operating a public accommodation facility shall make available to

employees or their bargaining representative a copy of the standards adopted pursuant to

subsection 1 upon request at no cost.

Sec. 12. The Director shall adopt regulations requiring each public accommodation

facility to establish protocols to:

1. Limit the transmission of SARS-CoV-2. Such protocols, must include, without

limitation:

(a) Methods to encourage, to the extent reasonably possible:

(1) Employees to remain at least 6 feet apart from other employees and guests during

their work and while on break.

(2) Guests to remain at least 6 feet apart from employees and other guests.

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 (b) A requirement that employee breaks must be structured to allow social distancing to the

maximum extent recommended by the Centers for Disease Control and Prevention of the

United States Department of Health and Human Services.

(c) A requirement that workstations must be separated by physical barriers or structured to

allow social distancing where practicable to the maximum extent recommended by the Centers

for Disease Control and Prevention of the United States Department of Health and Human

Services.

(d) Requirements concerning the frequency of hand cleaning for employees.

(e) A requirement that each employee be provided with access to a sink with soap and

water for hand washing or hand sanitizer containing at least 60 percent alcohol within

reasonable proximity to the work area of the employee.

(f) Policies providing for the availability of hand sanitizer containing at least 60 percent

alcohol near locations where employee meetings are held, breakrooms and cafeterias for

employees, front desks, bell desks, lobbies, entrances to food and beverage service and

preparation areas, principal entrances to the facility and, in a resort hotel, on the casino floor,

if:

(1) Those areas are not near hand washing facilities with soap and water; and

(2) A supply of hand sanitizer containing at least 60 percent alcohol is generally

available.

(g) Policies for the distribution, at no cost to the employee, of masks and gloves where

appropriate based on public health concerns.

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 2. Train staff concerning the prevention and mitigation of SARS-CoV-2 transmission in

the manner prescribed by the Director.

Sec. 13. 1. The Director shall adopt regulations requiring each public accommodation

facility to establish, implement and maintain a written SARS-CoV-2 response plan designed to

monitor and respond to instances and potential instances of SARS-CoV-2 infection among

employees and guests. The plan must include, without limitation:

(a) The designation of a person or persons responsible for overseeing and carrying out on-

site enforcement of the plan. The regulations must not require such a person or persons to be

on-site at all times.

(b) A requirement that each new employee and each employee returning to work for the

first time after March 13, 2020, must undergo testing for SARS-CoV-2, if such testing is

available.

(c) The designation of an area of the public accommodation facility where employees will

check in every day to receive contact-free temperature measurement and review questions to

screen for exposure to SARS-CoV-2.

(d) Requirements that:

(1) The public accommodation facility must notify each employee who is known to have

had contact with a guest or employee who has been diagnosed with COVID-19 not later than

24 hours or as soon as practicable after the employer learns of the diagnosis; and

(2) Each such employee must undergo testing for SARS-CoV-2 and, in addition to any

other leave to which the employee is entitled, be given:

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 (I) Not more than 3 days of paid time off to await testing and testing results; and

(II) Additional paid time off if the public accommodation facility receives

documentation of a delay in testing or receiving testing results that exceeds 3 days.

(e) A requirement that each employee who otherwise has a reasonable belief that he or she

has been in close contact with a person who has tested positive for SARS-CoV-2 must undergo

testing for SARS-CoV-2.

(f) Requirements that each employee who notifies his or her employer that he or she is

experiencing symptoms of COVID-19:

(1) Must undergo testing for SARS-CoV-2; and

(2) Must not return to work while awaiting the results of that testing.

(g) Requirements that each employee described in paragraph (e) or (f) must, in addition to

any other leave to which the employee is entitled, be given:

(1) Not more than 3 days of paid time off to await testing and testing results; and

(2) Additional paid time off if the public accommodation facility receives documentation

of a delay in testing or receiving testing results that exceeds 3 days.

(h) A requirement that, except as otherwise provided in subsection 3, each employee who

tests positive for SARS-CoV-2 or is otherwise diagnosed with COVID-19 and is working or has

been recalled to work at the time of the result or diagnosis must be allowed to take at least 14

days off, at least 10 of which must be paid.

(i) A requirement that testing for SARS-CoV-2 required by this section must be:

(1) Provided at no cost to the employee; and

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 (2) Performed on-site or at a testing facility selected by the public accommodation

facility.

(j) A requirement that an employee that is required to be tested pursuant to this section

authorize the provision of or provide the testing results to the public accommodation facility;

(k) A requirement that any guest who reports testing positive for SARS-CoV-2 or being

diagnosed with COVID-19 must be requested to leave the public accommodation facility if

practicable.

(l) A requirement that information pertaining to employees and guests who test positive for

SARS-CoV-2 or who are diagnosed with or report symptoms of COVID-19 must be kept

confidential, except as required to be disclosed to public health officials and for purposes of

contract tracing or cleaning.

2. The regulations adopted pursuant to this section must define the term “close contact”

to have the meaning most recently ascribed to it by the Centers for Disease Control and

Prevention of the United States Department of Health and Human Services for the purpose of

determining when a person has been in close contact with another person who has tested

positive for SARS-CoV-2.

3. An employer who operates a public accommodation facility may submit a request to the

Director to increase or decrease the amount of days off required by paragraph (h) of

subsection 1. The Director may grant such a request if it is consistent with the

recommendations of the Centers for Disease Control and Prevention of the United States

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Department of Health and Human Services concerning time off for employees who test

positive for SARS-CoV-2 or are otherwise diagnosed with COVID-19.

4. For the purposes of this section, paid time off must be calculated at the base rate of pay

for the employee. Paid time off taken pursuant to this section:

(a) Must not be deducted from paid time off provided to the employee pursuant to NRS

608.0197 or a policy of the public accommodation facility.

(b) May be deducted from any paid sick leave provided to the employee, including, without

limitation, paid sick leave provided pursuant to section 5102 of the Families First Coronavirus

Response Act, P.L. 116-127.

5. The health authority may require a public accommodation facility that is not under the

jurisdiction of the Nevada Gaming Control Board to submit a written SARS-CoV-2 response

plan to the health authority. Except as otherwise provided in this section and notwithstanding

any other law, a written SARS-CoV-2 response plan submitted to the health authority is

confidential. The health authority may disclose all or a part of such a plan upon:

(a) The request of an authorized agent of the Federal Government, a foreign government

or a state or local governmental entity in this State or any of the several states, territories,

possessions and dependencies of the United States, the District of Columbia or Puerto Rico.

(b) The order of a court of competent jurisdiction.

(c) Specific authorization of the chief administrative officer of the health district or, in a

location that is not part of a health district, the Chief Medical Officer.

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 6. The Nevada Gaming Control Board may require a public accommodation facility that

is under the jurisdiction of the Board to submit a written SARS-CoV-2 response plan to the

Board, either alone or as part of an emergency response plan adopted pursuant to NRS

463.790.

7. The provisions of this section must not be construed to preclude an employee who is

exposed to or tests positive for SARS-CoV-2 or is diagnosed with COVID-19 from choosing to

perform his or her duties remotely instead of taking time off if the job duties of the employee

are conducive to remote work.

Sec. 14. 1. The health authority may, upon receiving a complaint or at any time, inspect

a public accommodation facility to ensure compliance with the provisions of sections 4 to 15,

inclusive, of this act and the regulations adopted pursuant thereto. The health authority shall

inspect for such compliance:

(a) Except as otherwise provided in paragraph (b), each public accommodation facility

with more than 200 rooms available for sleeping accommodations at least once every 3

months.

(b) Each resort hotel at least once every 2 months.

2. Upon discovering a violation of the provisions of sections 4 to 15, inclusive, of this act

or the regulations adopted pursuant thereto and after notice and the opportunity for a hearing,

the health authority:

(a) Shall order the public accommodation facility to correct the violation.

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 (b) May impose an administrative fine of not more than $500 for each initial violation or

$1,000 for each second or subsequent violation.

(c) If the violation occurs at a public accommodation facility that is not a resort hotel, may

notify any local governmental entity responsible for licensing or regulating the public

accommodation facility. Upon receiving such notification, the local governmental entity shall

review the violation and may take further action, including, without limitation, suspending or

revoking the license of the public accommodation facility, to enforce the provisions of sections

4 to 15, inclusive, of this act and the regulations adopted pursuant thereto. Such action must

be taken in accordance with any procedures established by the local governmental entity for

actions to enforce statutes or regulations or impose disciplinary action generally.

(d) If the violation occurs at a facility subject to the jurisdiction of the Nevada Gaming

Control Board, shall notify the Board. Upon receiving such notification, the Board may take

further action to enforce the provisions of sections 4 to 15, inclusive, of this act and the

regulations adopted pursuant thereto. Such action must be taken in accordance with any

procedures established by the Board for actions to enforce statutes or regulations or impose

disciplinary action generally.

3. The Director shall adopt regulations prohibiting a public accommodation facility from

discharging, reducing the compensation of, increasing the workload of, imposing fees or

charges on, changing the duties of or otherwise taking adverse action against an employee in

retaliation for participating in proceedings related to sections 4 to 15, inclusive, of this act, or

seeking enforcement of those provisions.

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 4. As used in this section, “resort hotel” has the meaning ascribed to it in NRS 463.01865.

Sec. 15. 1. Except as otherwise provided in subsection 3, within 15 days after the

adoption, amendment or repeal of a regulation by the Director pursuant to sections 11 to 14,

inclusive, of this act, a district board of health shall, as applicable, adopt a substantively

identical regulation or amend or repeal its substantively identical regulation.

2. A district board of health must allow any interested person a reasonable opportunity to

submit written or oral comment concerning the adoption, amendment or repeal of a regulation

pursuant to subsection 1.

3. The provisions of subsections 5 and 6 of NRS 439.366 or subsections 5 and 6 of NRS

439.410, as applicable, do not apply to the adoption, amendment or repeal of a regulation by a

district board of health pursuant to subsection 1.

Sec. 16. NRS 447.003 is hereby amended to read as follows:

447.003 As used in [this chapter,] NRS 447.003 to 447.210, inclusive, 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. 17. 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.

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 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 [this chapter.] NRS 447.003 to 447.210, inclusive.

Sec. 18. 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 [this chapter,]

NRS 447.003 to 447.210, inclusive, 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. 19. 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 [this chapter] NRS 447.003

to 447.210, inclusive, for the following reason: The exemption will not result in detriment to the

health of the occupants or to the sanitation of the building.

- --23-- *40-16*
 2. The health authority has no authority under this section to exempt any hotel or portion of

a hotel built after October 1, 1945, from having the number of water closets, bathtubs or showers

required by [this chapter.] NRS 447.003 to 447.210, inclusive.

Sec. 20. NRS 447.190 is hereby amended to read as follows:

447.190 The health authority is charged with the enforcement of [this chapter.] NRS

447.003 to 447.210, inclusive. 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. 21. 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 [this chapter.] NRS 447.003 to

447.210, inclusive.

Sec. 22. 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, 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 [this chapter] NRS

447.003 to 447.200, inclusive, constitutes a separate offense.

Sec. 23. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as

sections 24 to 29, inclusive, of this act.

- --24-- *40-16*
 Sec. 24. As used in sections 24 to 29, inclusive, of this act, unless the context otherwise

requires, the words and terms defined in sections 25 to 28, inclusive, of this act have the

meanings ascribed to them in those sections.

Sec. 25. 1. “Business” means a natural person, or a corporation, partnership,

association or other business organization, engaging in an activity for profit at a premises

located in this State.

2. The term does not include a business that operates as:

(a) An agency to provide nursing in the home as defined in NRS 449.0015;

(b) A facility for hospice care as defined in NRS 449.0033;

(c) A facility for intermediate care as defined in NRS 449.0038;

(d) A facility for skilled nursing as defined in NRS 449.0039;

(e) A hospital as defined in NRS 449.012; or

(f) An independent center for emergency medical care as defined in NRS 449.013.

Sec. 26. “COVID-19” means:

1. The novel coronavirus identified as SARS-CoV-2;

2. Any mutation of the novel coronavirus identified as SARS-CoV-2; or

3. A disease or health condition caused by the novel coronavirus identified as SARS-CoV-

2.

Sec. 27. “Governmental entity” means the State of Nevada or any of its agencies or

political subdivisions. As used in this section, “political subdivision” includes any organization

or entity described in NRS 41.0305.

- --25-- *40-16*
 Sec. 28. “Nonprofit organization” means an alumni, charitable, civic, educational,

fraternal, patriotic, religious or veterans’ organization or a state or local bar association that

has been determined pursuant to NRS 372.326 to be created for religious, charitable or

educational purposes or that qualifies as a tax exempt organization pursuant to 26 U.S.C. §

501(c).

Sec. 29. 1. In any civil action where a plaintiff alleges a personal injury or death as a

result of exposure to COVID-19 while on a premises owned or operated by an entity, or during

an activity conducted or managed by the entity:

(a) The complaint must be pled with particularity.

(b) If the entity was in substantial compliance with controlling health standards, the entity

is immune from liability unless the plaintiff pleads sufficient facts and proves that:

(1) The entity violated controlling health standards with gross negligence; and

(2) The gross negligence was the proximate cause of the plaintiff’s personal injury or

death.

(c) If the entity was not in substantial compliance with controlling health standards:

(1) The plaintiff may pursue any claim recognized at common law or by statute; and

(2) The immunity described in paragraph (b) does not apply to the entity.

2. The court shall determine as a matter of law whether an entity was in substantial

compliance with controlling health standards at the time of an alleged exposure to COVID-19.

The plaintiff has the burden of establishing the entity was not in substantial compliance with

controlling health standards.

- --26-- *40-16*
 3. As used in this section:

(a) “Controlling health standards” means any of the following that are clearly and

conspicuously related to COVID-19 and which were in effect at the time of the alleged

exposure:

(1) A federal, state or local law, regulation or ordinance; or

(2) A written order, publication or other document produced by a federal, state or local

government or regulatory body.

(b) “Entity” means a business, a governmental entity and its officers and employees or a

nonprofit organization.

(c) “Premises” means any real property located in this State.

(d) “Substantial compliance” means the good faith efforts of an entity to help control the

spread of COVID-19 in conformity with controlling health standards. The entity may

demonstrate substantial compliance by establishing policies and procedures to enforce and

implement the controlling health standards in a reasonable manner. Isolated or unforeseen

events of noncompliance with the controlling health standards do not demonstrate

noncompliance by the entity.

Sec. 30. Chapter 76 of NRS is hereby amended by adding thereto a new section to read as

follows:

1. In addition to the grounds for suspension or revocation of a state business license set

forth in NRS 76.170, if a person who holds a state business license fails to comply with

- --27-- *40-16*
controlling health standards, the Secretary of State may suspend the state business license of

the person until the person complies, in good faith, with controlling health standards.

2. If the license is suspended, the Secretary of State shall provide written notice of the

action to the person who holds the state business license.

3. As used in this section:

(a) “Controlling health standards” means any of the following that are clearly and

conspicuously related to COVID-19 and which were in effect at the time the person allegedly

failed to comply:

(1) A federal, state or local law, regulation or ordinance; or

(2) A written order, publication or other document produced by a federal, state or local

government or regulatory body.

(b) “COVID-19” means:

(1) The novel coronavirus identified as SARS-CoV-2;

(2) Any mutation of the novel coronavirus identified as SARS-CoV-2; or

(3) A disease or health condition caused by the novel coronavirus identified as SARS-

CoV-2.

Sec. 31. 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, the Department of Corrections.

- --28-- *40-16*
 (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.

(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

- --29-- *40-16*
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 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;

- --30-- *40-16*
 (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS

453.2184;

(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; [or]

(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 [.]

; or

(h) The adoption, amendment or repeal of regulations by the Director of the Department of

Health and Human Services pursuant to sections 11 to 14, inclusive, of this act.

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. 32. 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, 41.071, 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,

- --31-- *40-16*
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.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, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245,

176.01249, 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, 226.300, 228.270, 228.450, 228.495, 228.570,

231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 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, 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,

- --32-- *40-16*
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, 396.3295, 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.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145,

437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195,

441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773,

449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610,

453A.700, 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, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659,

483.800, 484A.469, 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, 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, 630.2673, 630.30665, 630.336, 630A.555,

631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055,

634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485,

639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760,

- --33-- *40-16*
640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170,

641B.282, 641B.460, 641C.760, 641C.800, 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,

652.228, 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.110, 687A.115, 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, and section 13 of this act, 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 public. This section does not supersede or in any

manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other

- --34-- *40-16*
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

- --35-- *40-16*
 (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. 33. 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 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:

- --36-- *40-16*
 (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, or from an operator

of an inter-casino linked system, relating to the manufacturing of gaming devices or the

operation of an inter-casino linked system; [or]

(e) Obtained by the Board from a public accommodation facility pursuant to section 13 of

this act; 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

- --37-- *40-16*
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, 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

- --38-- *40-16*
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.

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,

- --39-- *40-16*
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. 34. The provisions of sections 24 to 29, inclusive, of this act apply only to a cause of

action or claim arising from a personal injury or death specified in section 29 of this act that

accrues before, on or after the effective date of this act 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.

Sec. 35. 1. Within 15 days after the effective date of this act, the Chief of the Budget

Division of the Office of Finance created by NRS 223.400 shall transfer from Budget Account

101-1327:

(a) The sum of $2,000,000 to the Southern Nevada Health District created pursuant to NRS

439.362 to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations

adopted thereto.

(b) The sum of $500,000 to the Washoe County Health District created pursuant to NRS

439.370 to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations

adopted thereto.

2. All money transferred pursuant to subsection 1 must be expended by the recipient health

district on or before December 30, 2020. Any remaining balance of the money must not be

committed for expenditure on or after December 30, 2020, by the recipient health district or any

- --40-- *40-16*
entity to which the money is granted or otherwise transferred in any manner, and any portion of

the money remaining must not be spent for any purpose after December 30, 2020, by either the

recipient health district or the entity to which the money was subsequently granted or transferred,

and must be reverted to Budget Account 101-1327 on or before December 30, 2020.

Sec. 36. 1. The Director of the Department of Health and Human Services shall adopt the

initial regulations required by sections 11 to 14, inclusive, of this act not later than 20 days after

the effective date of this act.

2. Notwithstanding the 15-day requirement set forth in section 15 of this act, a district board

of health of a health district, as required by section 15 of this act, shall adopt regulations that are

substantively identical to the regulations adopted by the Director pursuant to subsection 1 within

30 days after the effective date of this act or within 10 days after the adoption of the regulations

by the Director pursuant to subsection 1, whichever is earlier.

Sec. 37. The provisions of NRS 354.599 do not apply to any additional expenses of a local

government that are related to the provisions of this act.

Sec. 38. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee

may vote on this act before the expiration of the period prescribed for the return of a fiscal note

in NRS 218D.475. This section applies retroactively from and after August 1, 2020.

Sec. 39. 1. This act becomes effective upon passage and approval.

2. Section 30 of this act expires by limitation on the later of:

(a) The date on which the Governor terminates the emergency described in the Declaration of

Emergency for COVID-19 issued on March 12, 2020; or

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(b) July 1, 2023.

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