Struck = removed from the bill ·
added = the amendment's new text.
SenateSpecial BillSession (32nd) A SB4 R1 7 Amendment No.
4–Committee7 ofAssembly theAmendment Wholeto CHAPTER..........Senate Bill No.
4 First Reprint (BDR 40-16) Proposed by:
Assembly Committee of the Whole Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will:
(2) ADD an appropriation where one does not currently exist in S.B.
4 R1.ernment to S.B.
4 R1 (§§ 1, 2, 14, 15).
ASSEMBLY ACTION Initial and Date| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
EGO - Date:
8/5/2020 S.B.
No.
4—Revises provisions relating to public health.
(BDR 40-16) Page 1 of 21 *A_SB4_R1_7* Assembly Amendment No.
7 to Senate Bill No.
4 First Reprint Page 3 S ENATE BILL NO .
4–COMMITTEE OF THE W HOLE A UGUST 3, 2020 _______________ Referred to Committee of the Whole 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.
CONTAINS UNFUNDED MANDATE (§§ 1,2,14, 15) (NOT REQUESTED BY A FFECTED LOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) creates a health district in a countywhosecounty whose population is 700,000 or more (currently only Clark County);
(NRS 439.361, 439.362, 439.370) Existing law provides 439.370)for Sectionsthe 1creation andof 2a ofdistrict thishealth bill:department in a health district.
(1)(NRS require439.362, a439.370) districtSections health1 department in a countywhose population is 100,000 or more (currentlyClark and Washoe2 Counties), upon the request of thethis Nevadabill: Gaming Control Board, to advise the Board concerning public health matters relating to licensed gaming establishments in the health district;
and(1) (2)require authorize such a district health department,department uponin thea requestcounty ofwhose thepopulation Board,is to100,000 enforceor regulationsmore adopted(currently byClark theand BoardWashoe concerningCounties), mattersupon the request of publSectionsthe 3-15Nevada ofGaming thisControl billestablishments generally:in the health district;
(1) require the Director of the Department of Health and Human(2) Servicesauthorize andsuch a district boards of health indepartment, aupon county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt by regulation requirements to reduce and prevent the transmissionrequest of SARS-CoV-2the inBoard, publicto accommodationenforce facilitiesregulations inadopted thoseby counties which apply only during the durationBoard ofconcerning amatters declaration of a public health emergencyagainst duesuch toan SARS-CoV-2establishment. and exist;
andAssembly (2)Amendment provideNo. for the enforcement of those regulations.
of7 SARS-CoV- Section11 ofthisbillrequirestheDirector toadoptregulationsrequiringapublic accommodation facility to establishSenate standardsBill forNo. the cleaning of public accommodationfacilitiesthat aredesigned to reducethetransmissionofSARS-CoV- 2.
Section4 12First ofReprint thisPage bill4 requiresSections the3-15 Directorof tothis adoptbill regulationsgenerally: requiring each - 32nd Special Session (2020) – 2 – public accommodation facility to establish protocols to:
(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 SSection 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 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:
and (2) train staff concerning the prevention and mitigation of SARS-SARS-CoV-2 CoV-2 transmission.
Section 13 of this bill requires the Director to adopt regulations requiring each public accommodation facilitytofacility to establish, implement and maintain a written SARS-SARS-CoV-2 CoV-2 response plan that provides testing and time off for employees who have been authorizes:exposed to SARS-CoV-2 or are experiencing the symptoms of COVID-19.
(1)Section the13 Nevadaauthorizes: Gaming Control Board to require a publicction accommodation facility under its jurisdiction to submit a copy of its written SARS- CoV-2 response plan to the Board;
and(1) (2) the healthNevada authorityGaming Control Board to require a public accommodation facility that is not under theits jurisdiction of the Board to submit a copy of its written SARS-CoV-2 response plan to the healthBoard; authority.
and (2) the health authority to require a public accommodation facility that is not under the jurisdiction of the Sections 13, 32 and 33 ofthisof this bill provide for the confidentialityofthoseconfidentiality of those plans.
Section 14 ofthisof 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 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 regulations that are substantively identical to the regulations adopted by the Director in sections 11-14 and to subsequently amend or repeal its regulations in a conformingNevada manner.Gaming Control Board of the regulations adopted pursuant to and other provisions of sections 11-15.
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.
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;
in the Declaration of 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 32nd33.5 Specialof Sessionthis (2020)bill –makes 3an –appropriation thefrom Legislative Fund for the costsState of the 32nd Special Session.ate General Fund to Sectionthe 35Legislative ofFund thisfor bill transfers certain money to the applicablecosts healthof districts to enforce sections 3-15 and the regulations32nd adoptedSpecial pursuantSession. thereto.
SectionAssembly 36Amendment ofNo. this bill requires the Director and applicable district boards of health to adopt the regulations required by sections 11-15 by a prescribed date.
EXPLANATION7 –to MatterSenate inBill boldedNo. italics is new;
matter4 betweenFirst bracketsReprint [omittedPage material]5 issections material3-15 toand bethe omitted.regulations adopted pursuant thereto.
Section 36 of this bill requires thee Director and applicable district boards of health to adopt the regulations required by sections 11-15 by a prescribed date.
(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.] 32nd5. Special Session (2020) – 4 – regulation, the district board of health must give at least 30 days’ notice of its intended action.
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.
With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no oneAssembly appearsAmendment whoNo. the district board of health may proceed immediately to act upon anyng, written submissions.
7 to Senate Bill No.
4 First Reprint Page 6 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 health department inacountyin whosepopulationa 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 aica 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 32ndgaming Speciallicense Sessionas (2020)described –in 5NRS –463.0177 or a restricted gaming license as described in NRS 463.0189 in theathe health district.
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:ivemust: at least 30 days’ (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.
(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.
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 writtening,written the submissions.
[6.]Assembly 7.Amendment No.
7 to Senate Bill No.
4 First Reprint Page 7 [6.] 7.
- 32nd Special Session (2020) – 6 – Sec.
Theprovisionsofsections4to15,inclusive,ofthisThe act2.pplTheprovisions regulationsof adopted pursuant to sections 114 to 15, inclusive, of this act and,apply exceptasto otherwisea providedcounty inwhose subsectionpopulation 3,is the100,000 powers,or requirementsmore. and prohibitions set forth in provisions of sections 4 to 15, inclusive, of this act apply:
(a)2. During any period in which a public health emergency due to SARS-CoV-2 has been declared by the Governor and remains in effect;
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;
As used in sections 4 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in themsections in6 thoseto sections.ive,9, inclusive, of this act have the meanings ascribed to Sec.them in those sections.
Sec.
“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,expressorimplied,oralapprenticeship, orwritten,whetherlawfullyexpress or implied, oral or written, whether lawfully or unlawfully employed.
“Public accommodation facility” or “facility” means a hotel and casino, resort, hotel, motel, hostel, bed and breakfast -facility 32ndor Specialother Sessionfacility (2020)offering –rooms 7or –areas to the public for monetary compensation or other financial consideration on anblican for hourly, daily or weekly basis.
The Director shall adopt regulations requiring a public accommodation facility to establish standards for cleaning thataredesignedtoreducethetransmissionofthat are designed to reduce the transmission of SARS-CoV-2.
(a)Assembly TheuseofcleaningproductsthatarequalifiedbytheUnitedAmendment CoV-2No. for the cleaning required by paragraphs (b) to (p), inclusive.
(b)7 Desks,tabletops,minibarsthathavebeenusedafterthemost 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 beSenate cleanedBill everyNo. day that the room is in use unless the guest using the room declines in-room housekeeping.
4 First Reprint Page 8 (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.
(3) Door handles at interior entrances regularly accessed by guests(4)guests Regularly used computer keyboards, touch screens, credit card readers, printers, telephones, light switches, ice machines,vendingmachinesandotherfrequentlyusedinstruments and equipment;employees;
and(4) (5)Regularly Countertopsused andcomputer deskskeyboards, intouch entrancescreens, areascredit card readers, printers, telephones, light switches, ice machines, vending machines and other high-frequently usageused areas.instruments and equipment;
and (5) Countertops and desks in entrance areas and other high-usage areas.
- 32nd Special Session (2020) – 8 – (e) Counters, desks, touch screens, keyboards, credit card readers and desktops in front desk areas to be cleaned regularly 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.
(h) Sinks,faucets,walls,toilets,toiletpaperdispensersanddoorSinks, faucets, walls, toilets, toilet paper dispensers and door handles in employee and public restrooms to be cleaned regularly throughout the day while in use.
(p) Laundry carts and hampers to be cleaned regularly throughout the day while in use.
to be cleaned regularly 2.
3.Assembly Amendment No.
7 to Senate Bill No.
4 First Reprint Page 9 3.
An employer operating a public accommodation facility shall make available to employees or their bargaining representativeaphysicalorelectroniccopyofthestandardsadoptedrepresentative a physical or electronic copy of the standards adopted pursuant to subsection 1 upon request at no cost.
-Sec. 32nd Special Session (2020) – 9 – public accommodation facility to establish protocols to:ng each 1.
12.
The Director shall adopt regulations requiring each public accommodation facility to establish protocols to:
1.
(c) A requirement that workstations must be separated by physical barriers or structured to allow social distancing where practicabletothemaximumpracticable to the maximum extent recommended by the CentersforCenters for Disease Control and Prevention of the United States Department of Hea(d)Health Requirementsand concerningHuman theServices. frequency of hand cleaning for employees.
(d) Requirements concerning the frequency of hand cleaning for employees.
and (2) A supply of hand sanitizer containing at least 60 percent alc(g)alcohol Policiesis forgenerally theavailable. distribution, at no cost to the employee, of masks and, where appropriate, gloves, based on public health concerns.
(g) Policies for the distribution, at no cost to the employee, of masks and, where appropriate, gloves, based on public health concerns.
The Director shall adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2SARS- CoV-2 response plan designed to monitor -and 32ndrespond Specialto Sessioninstances (2020)and –potential 10instances –of SARS-CoV-2 infection among employees and guests.
(b)Assembly AAmendment requirementNo. 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)7 The designation of an area of the public accommodation facility where employees will check in every day to receiveSenate contact-Bill freeNo. temperature measurement and review questions to screen for exposure to SARS-CoV-2.
4 First Reprint Page 10 (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.
(1) The public accommodation facility must notify each employee who is known to have had close 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-SARS-CoV-2 CoV-2 and, in addition to any other leave to which the employee is entitled, be given:
(e) A requirement that each employee who otherwise has a reasonable belief or has been advised that he or she has been in close contact with a person who has tested positive for SARS-CoV-SARS-CoV-2 must undergo testing for SARS-CoV-2.
(f) Requirements that each employee who notifies his or her employ(1)employer Mustthat undergohe testingor forshe SARS-CoV-2;is experiencing symptoms of COVID-19:
andf(1) COVID-19:Must undergo testing for SARS-CoV-2;
and (2) Must not return to work while awaitingtheawaiting the results of that testing.
and -(2) 32ndAdditional Specialpaid Sessiontime (2020)off –if 11the –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 whichmustwhich must be paid time off.
SARS-CoV-2orbeingdiagnosed(k) withCOVID-19mustberequestedpositiveA 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 and seek medical attention.
(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, unless the employee or guest agrees otherwiseAssembly andAmendment exceptNo. as required to be disclosed to public health officials and for purposes of contract tracing or cleaning.
7 to Senate Bill No.
4 First Reprint Page 11 otherwise and except as required to be disclosed to public health officials and for purposes of contract tracing or cleaning.
TheregulationsadoptedpursuanttothissectionmustdefineThe thetermregulations “closecontact”tohavethemeaningmostadopted pursuant to this section must define the term “close contact” to have the meaning most recently ascribed toitbytheCentersforDiseaseControlandPreventionoftheUnitedto 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.
may3. submit a request to the Director to increase or decrease the amount of days off required by paragraph (h) of subsection 1.
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.
- 32nd Special Session (2020) – 12 – 4.
(a) Must not be deducted from paid time off provided to the publicemployee accommodationpursuant facility.197to NRS 608.0197 or a policy or contract of the (b)public Mayaccommodation befacility. deducted from paid sick leave provided pursuant to section 5102(a)(1)-(3) of the Families First Coronavirus Response Act, P.L.
(b) May be deducted from paid sick leave provided pursuant to section 5102(a)(1)-(3) of the Families First Coronavirus Response Act, P.L.
Except as otherwise provided in this section and notwithstanding any other law, a written SARS-CoV-2SARS-CoV- 2 response plan submitted to the health authority is confidential.
(c) Specific authorization of the chief administrative officer of thehealthdistrictor,inalocationthatisnotpartofahealthdistrict,the health district or, in a location that is not part of a health district, the Chief Medical Officer.
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 pursuanterpursuant to NRS 463.790.
The provisions of this section must not be construed to preclude an employee who is exposed to or tests positive for SARS-SARS-CoV-2 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.
- 32nd Special Session (2020) – 13 – (b) Each resort hotel at least once every 2 months.
2.Assembly Amendment No.
Upon7 discovering a violation of the provisions of sections 4 to 15,Senate inclusive,Bill ofNo. this act or the regulations adopted pursuant thereto and after notice and the opportunity for a hearing, the hea(a) Shall order the public accommodation facility to correct the violation.
4 First Reprint Page 12 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.
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.Suchactionmustbetakeninaccordancewithanythereto. procedures established by the local governmental entity for actions to enforce statutes or regulations or impose disciplinary action generally.
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.
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.
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, - 32nd Special Session (2020) – 14 – adopt a substantively identical regulation or amend or repeal its substantively identical regulation in a conforming manner.
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 boardthe ofadoption, healthamendment pursuantor torepeal subsectionof 1.gulationa regulation by a district Sec.board of health pursuant to subsection 1.
Sec.
Sec.Assembly Amendment No.
7 to Senate Bill No.
4 First Reprint Page 13 Sec.
447.050 It is unlawfulforanypersontounlawful for any person to use, or topermitto permit another person to use, any of the following portions of a hotel for living or sleeping purposes:
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 isnis dangerous or prejudicial to life or health byreasonby reason of anovercrowdedan 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.
- 32nd Special Session (2020) – 15 – 2.
447.190Sec. The health authorityis charged with the enforcement of [this chapter.] NRS 447.003 to 447.210, inclusive.
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.
447.200 The health authority shall have access at any time to any hotel in this State for the purpose of making inspections and carryingouttheprovisionsof[thischapter.]NRS447.003to447.210,carrying out the provisions of [this chapter.] NRS 447.003 to 447.210, inclusive.
Chapter 41 of NRS is hereby amended by adding act.etothereto the provisions set forth as sections 24 to 29, inclusive, of this Sec.act.
Sec.
“Business” means a natural person, or a corporation, partnership, association or other business organization,engaginginanorganization, engaging in an activity for profitatprofit apremiseslocatedat a premises located in this State.
(d)Assembly AAmendment facilityNo. for skilled nursing as defined in NRS 449.0039;
-7 32ndto SpecialSenate SessionBill (2020)No. – 16 – (e) A hospital as defined in NRS 449.012;
4 First Reprint Page 14 (d) A facility for skilled nursing as defined in NRS 449.0039;
(e) A hospital as defined in NRS 449.012;
1.
The novel coronavirus identified as SARS-CoV-2;
Any mutation of the novel coronavirus identified as SARS-SARS-CoV-2; CoV-2;
As used in thissubsection,“politicalsubdivision”includesanyorganizationorthis subsection, “political subdivision” includes any organization or entity described in NRS 41.0305.
ThetermThe term does notincludenot anypublicschoolinclude any public school entity for pupils in preschool, kindergarten, or any grades 1 through 12, including, without limitation, a school district, a charter school or a university school for profoundly gifted pupils.
(a) Has been determined pursuant to NRS 372.326to372.326 to be created for religious, charitable or educational purposes;
or (b) Qualifiesasataxexemptorganizationpursuantto26U.S.C.Qualifies as a tax exempt organization pursuant to 26 U.S.C.
§ 53.(c)The501(c). term does not include a nonprofit organization that operates:
3.
The term does not include a nonprofit organization that operates:
- 32nd Special Session (2020) – 17 – (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 (2)negligence; The gross negligence was the proximate cause of the plaintiff’s personal injury or death.
and (2) The gross negligence was the proximate cause of the plaintiff’s personal injury or death.
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 exposureAssembly toAmendment COVID-19.No.
7 to Senate Bill No.
4 First Reprint Page 15 exposure to COVID-19.
or (2) Awrittenorderorotherdocumentpublishedbyafederal,A written order or other document published by a federal, state or local government or regulatory body.
(b) “Entity”meansabusiness,“Entity” governmentalentitymeans ornonprofita business, governmental entity or nonprofit organization and the officers and employees of the business, governmental entity or nonprofit organization.
the business, (c) “Premises” means any real property located in this State.
In addition to the grounds for suspension or revocation of a state business license set forth in NRS 76.170,if76.170, if a person who holds a state business license fails to comply with controlling health -standards, 32ndthe SpecialSecretary Sessionof (2020)State –may 18suspend –the state business license of the person until the person complies, in good faith, with controlling health standards.
If the license is suspended, the Secretary of State shall provide written noticeofthenotice actiontotheof the action to the person whoholdsthestatewho holds the state business license.
or (2) Awrittenorderorotherdocumentpublishedbyafederal,A written order or other document published by a federal, state or local government or regulatory body.
(2) Any mutation of the novel coronavirus identified as SARS-C(3)SARS-CoV-2; A disease or health condition caused by 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.
(g)Assembly ExceptAmendment asNo. otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Hum(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.
7 to Senate Bill No.
4 First Reprint Page 16 (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.
-(k) 32ndThe SpecialAdministrator Sessionof (2020)the –Division 19of –Industrial theDepartmentRelations ofBusinessandIndustryinestablishingandadjustingonsof 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.
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of (b)the ChaptersDepartment 616A to 617, inclusive, of NRSEmployment, forTraining thetation;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 oftheof SecuritiesDivisionthe oftheOfficeofSecurities theSecretaryDivision of the Office of the Secretary of State;
and (d) NRS 90.800 for the useofuse of summary orders in contested cases, prevail over the general provisions of this chapter.
(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;
- 32nd Special Session (2020) – 20 – (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 ofHealthandHumanof Health and Human Services pursuant toNRSto NRS 217.130;
by the [or] (g)Assembly TheAmendment adoption,No. 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 [.] ;
7 to Senate Bill No.
4 First Reprint Page 17 (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 [.] ;
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, 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, 176.015,36.050,176.015, 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, - 32nd Special Session (2020) – 21 – 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,385B.100,387.626,387.631,388.1455,388.259,388.501,385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 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.360,437.145,437.207,439.4941,439.840,432C.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,Assembly 483.340,Amendment 483.363,No. 483.575, 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, 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, - 32nd Special Session (2020) – 22 – 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, 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.
7 to Senate Bill No.
4 First Reprint Page 18 482.5536, 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, 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.
public3. book or record shall not deny a request made pursuant to of a 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.
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.
and -(2) 32ndIs Specialnot Sessionavailable (2020) – 23 – (b) Providing the public record in an electronic formatformat; or by means of an electronic medium would:
(1)or Give(b) accessProviding tothe proprietarypublic software;record in an electronic format or by means of an electronic medium would:
Assembly Amendment No.
7 to Senate Bill No.
4 First Reprint Page 19 (1) Give access to proprietary software;
Sec.
33.
NRS 463.120 is hereby amended to read as follows:
The Board and the Commission shall cause to be:be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission.
made and kept a record of all proceedings at regular and special meetings of the Board and the Commission.
(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 orwhichor maybewhich otherwisemay obtainedrelativebe tootherwise (b)obtained Pertainingrelative to anthe applicant’sfinances, earnings or naturalrevenue person’sof criminale;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;
(d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, -relating 32ndto Specialthe Sessionmanufacturing (2020)of –gaming 24devices –or the operation of an inter-casino linked system;
[or]ming[or] devices(e) orObtained by the operationBoard offrom (e)a Obtainedbythepublic Boardfromaccommodation apublicaccommodationfacilityfacility pursuant to section 13 of this act;
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 administrationAssembly ofAmendment suchNo. provisions and with specific authorization and waiver of the privilege by the Board or Commission.
7 to Senate Bill No.
4 First Reprint Page 20 administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission.
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 aut(a)authority: All such information and data are confidential and privileged and the confidentialityand 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 - 32nd Special Session (2020) – 25 – provided or communicated to an agent or employee of the Board or Commission;
(a) All such information and data are confidential and privileged and the confidentiality and privilege are not waived if the information and data are shared or have been shared with an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country in connection with its regulatory, investigative or enforcement authority, regardless of whether such information and data are shared or have been shared either before or after being provided or communicated to an agent or employee of the Board or Commission;
The files, records and reports of the Board are open at all tim10.times to inspection by the Commission and its authorized agents.
All10. files,records, reports and other information pertainingto 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.
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.
For the purposes of this section, “information and data” means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document, including, without limitation, any document containing self-evaluativeself- evaluative assessments, self-critical analysis or self-appraisals of an applicant’s or licensee’s compliance with statutory or regulatory requirements.
There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $41Sec.$410,000 for the costs of the 32nd Special Session.
Sec.
-Assembly 32ndAmendment SpecialNo. Session (2020) – 26 – the Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall transfer from Budget Account 101-1327:
(a)7 Thesumof$2,000,000totheSouthernNevadaHealthDistrict createdpursuanttoNRS439.362toenforcetheprovisionsofsections to 15,Senate inclusive,Bill ofNo. this act and the regulations adopted thereto.
(b)4 TheFirst sumReprint ofPage $500,00021 toSec. the Washoe County Health District createdpursuanttoNRS439.370toenforcetheprovisionsofsections to 15, inclusive, of this act and the regulations adopted thereto.
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.
Any remaining balance of the money must not be committed forexpenditureonorafterDecemberfor 30,2020,bytherecipienthealthexpenditure on or after December 30, 2020, by the recipient health district or any 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.
reverted to Budget Sec.
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.
218D.435,Sec. 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.
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.
- 32nd Special Session (2020) – 27 – (a) The date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020;
~~~~~ 20 - 32nd Special Session (2020)