SB 441 — Revises provisions relating to public health. (BDR 40-451)
Last action — Approved by the Governor. Chapter 9.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 17, 2023.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
571 added · 643 removed571 line(s) added, 643 removed.
S.B.Senate Bill No.
441441–Senator SDondero ENATELoop BILLCHAPTER.......... NO .
441–SENATOR D ONDERO L OOP M ARCH 27, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to public health.
(BDR 40-451) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
eliminating the requirement for the Director of the Department of Health and Human Services or certain district boards of health to adopt regulations requiring certain protocols and plans concerning the prevention of and response to SARS-CoV-SARS-CoV-2; 2;
4), in general, requires the Director of the Department of Health and Human Services and district boards of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt by regulation requirements to reduce and prevent the transmission of SARS-CoV-2 in public accommodation (Sectionsfacilities 3-15in ofthose chaptercounties 8,and Statutesprovided offor Nevadathe 2020,enforcement 32ndof Specialthese Session,regulations. at page 95;
NRS(Sections 447.300-447.355)3-15 Underof S.B.chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page duration of a declaration of a public health emergency due to SARS-CoV-2 orthe during certain other periods in which conditions concerning the prevalence of SARS-CoV-2 exist.
4,(NRS these447.325) regulationsS.B. apply only during the duration of a declaration of a public health emergency due to SARS-CoV-2 or during certain other periods in which conditions concerning the prevalence of SARS-CoV-2 exist.
(NRS4 447.325)further -provides *SB441*that –certain 2businesses –conducted S.B.for profit, governmental entities and private nonprofit organizations are immune from civil liability for personal injury or death resulting from exposure to COVID-19 if the complies with controlling health standards.
4(Section further29 providesof thatchapter certain8, businessesStatutes conductedof forNevada profit,2020, governmental32nd entitiesSpecial andSession, privateat nonprofitpage organizations107; are immune from civil liability for personal injury or death resulting from exposure to COVID-19 if the business, governmental entity or private nonprofit organization substantially complies with controlling health standards.
(SectionNRS 2941.835) ofUnder chapterexisting 8,law, Statutes of these provisions apply only to any cause of action or claim that accrues before, on or after August 7, 2020, and before the later of:
(1) the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID- 19 issued on March 12, 2020;
(Section 34 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 114) The Governor terminated the emergency described in the Declaration of Emergency for COVID-19 effective on May 20, 2022, and, thus, these provisions expire on July 1, 2023.2023.effective on S.B.
4 authorizes the Secretary of State to suspend the state business license of a person holding a state business license who does not comply with controllingnsecontrolling of health standards related to COVID-19.
Section 13 of this bill declares void any regulations adopted by the - 82nd Session (2023) – 2 – Director of the Department of Health and Human Services or a district board of health pursuant to S.B.
4 that provide that the limitations on civil liability set forth in NRS 41.810 to 41.835, inclusive, apply to any cause of action orthese claimlimitations arisingon fromcivil aliability personaldo injurynot orapply deathto thatany accruescause beforeof Julyaction 1,or 2023,claim, arising from an injury or death that accrues on or after the effective of this act and before July 1, 2023.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(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 - *SB441* – 3 – gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.
- 82nd Session (2023) – 3 – (c) Provide for the sanitary protection of water and food supplies;
andand(e) (e) Improve the quality of health care services for members of minority groups and medically underserved populations.
The district board of health shall consider fully all written and oral submissions respecting the proposal.
fully all written and oral submissions [7.] 6.
- *SB441* – 4 – 2.
(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- gaming82nd licenseSession as(2023) described– in4 NRS– 463.0177 or a restricted gaming license as described in NRS 463.0189 in thethea health district.
(c) Provide for the sanitary protection of water and food supplies;
ande for the sanitary protection of water and food (d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
[6.]opportunity 5.to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation.
AllWith interestedrespect personsto mustsubstantive beregulations, affordedthe district board shall set a reasonabletime opportunityand toplace submitfor data,an viewsoral orpublic arguments,hearing, orallybut orif inno writing,one onappears thewho intendedwill actionbe todirectly adopt,affected amendby orthe repealproposal and requests an oral hearing, the regulation.district board may proceed immediately to act upon any written submissions.
- *SB441* – 5 – 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.
- 82nd Session (2023) – 5 – [7.] 6.
447.003 As used in [NRS 447.003 to 447.210, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 447.007 and 447.010 have the meanings ascribed to them in those sections.
Any other room or place which does not comply with the provisions of [NRS 447.003 to 447.210, inclusive,] this chapter, or in which, in the judgment of the health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the Uniform Building Code in the form most recently adopted before January 1, 1985, by the International Conference of Building Officials.
Show all 109 changed lines (69 more)
The exemption - *SB441* – 6 – will not result in detriment to the health of the occupants or to the sanitation of the building.
The health authority has no authority under this section to exempt any hotel or portion of a hotel built after October 1, 1945, - 82nd Session (2023) – 6 – from having the number of water closets, bathtubs or showers required by [NRS 447.003 to 447.210, inclusive.] this chapter.
447.190 The health authority is charged with the enforcement authority shall keep a record of [NRShotels 447.003inspected, and the record or any part thereof may, in the discretion of the health authority, be included in the biennial report to 447.210,the inclusive.]Director thisof chapter.the Department of Health and Human Services.
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.
(a) The Governor.
- *SB441* – 7 – (i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j)- The82nd DivisionSession of(2023) Industrial– Relations7 of– the Department of Business and Industry acting to enforce the provisions ofment of NRS 618.375.
3.
The special provisions of:
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 issuanceiss5. of letters of approval for health facilities and agencies.
5.
and agencies.
- *SB441*82nd Session (2023) – 8 – (c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(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;
or [(k)] (j) The adoption or amendment of a data request by the CommissionerCom6. of Insurance pursuant to NRS 687B.404.
6.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, - 82nd Session (2023) – 9 – 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, - *SB441* – 9 – 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,394.465,3.045, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, [447.345,] 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, - 82nd Session (2023) – 10 – 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, - *SB441* – 10 – 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.- 82nd Session (2023) – 11 – federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
- *SB441* – 11 – 3.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.to provide a copy of a public record in an electronic format or by means of an electronic medium if:
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) 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.
prepared or would prefer to provide the copy in a different (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.
The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings- of82nd theSession Board(2023) and– the12 Commission.– to public inspection.
Theseand recordsthe areCommission. open to public inspection.
These records are open 2.
- *SB441* – 12 – 4.
(b) Pertaining to an applicant’s or natural person’s criminal record, antecedents and background which have been furnished to or obtainedobt(c) byProvided to the members, agents or employees of the Board or Commission fromby anya source;governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;
(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;
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 Commission may reveal such information and data to an authorized and agent of any agency of the lawfulUnited orderStates Government, any state or any political subdivision of a courtstate or the government of competentany jurisdiction.foreign country.
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, 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- finding82nd ofSession suitability(2023) or– any13 approval– that is required pursuant to the provisions of chapters 462 to 466, inclusive, of NRS or anyanyant to 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.
- *SB441* – 13 – 6.
(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;
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.
- 82nd Session (2023) – 14 – 10.
For the purposes of this section, “information and data” means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document, including, without limitation, any document containing self-evaluative assessments, self-critical analysis or self-appraisals ofregulatory anrequirements.ensee’s applicant’s or licensee’s compliance with statutory or regulatorySec. requirements.
- *SB441* – 14 – Sec.
or (b) An act for which a state business license may be suspended pursuant to NRS 76.172, as that section existed before the effective dat2.ofNotwithstandingdate theof provisionsthis ofact, sectionthat 34occurred ofbefore chapterthe 8,effective date of this act.
Statutes2. of Nevada 2020, 32nd Special Session, at page 114, the provisions of NRS 41.810 to 41.835, inclusive, as those sections existed before the effective date of this act, do not apply to any cause of action or claim arising from an injury or death that accrues on or after the effective date of this act and before July 1, 2023.
Notwithstanding the provisions of section 34 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 114, the provisions of NRS 41.810 to 41.835, inclusive, as those sections existed before the effective date of this act, do not apply to any cause of action or claim arising from an injury or death that accrues on or after the effective date of this act and before July 1, 2023.
LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 41.810Session Definitions.(2023)
41.815 “Business” defined.
41.825 “Governmental entity” defined.
41.830 “Nonprofit organization” defined.
41.835 Complaint required to be pled with particularity;
immunity from liability of certain entities.
76.172 Suspension of state business license for failure to comply with controlling health standards;
notice of suspension.
447.300 Definitions.
447.305 “Director” defined.
447.310 “Employee” defined.
447.315 “Health authority” defined.
447.320 “Public accommodation facility” and “facility” defined.
- *SB441* – 15 – 447.325 Applicability.
447.330 Prohibited regulations;
opportunity to comment on amendment or repeal of regulations.
447.335 Requirement to adopt regulations requiring public accommodation facility to establish standards for cleaning to reduce transmission of SARS-CoV-2;
prohibition against advising or incentivizing guests to decline daily housekeeping;
notification and provision of copy of standards to employees.
facility to establish protocols to limit transmission of SARS- CoV-2 and train staff concerning prevention and mitigation of SARS-CoV-2 transmission.
447.345 Regulations requiring public accommodation facility to establish, maintain and implement written SARS- CoV-2 response plan;
submission of SARS-CoV-2 response plan to certain agencies;
confidentiality of SARS-CoV-2 plan.
447.350 Inspection of public accommodation facility by health authority;
penalties;
prohibition of retaliation against emp447.355 Adoption of regulations by district board of health.
H - *SB441*
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Action History
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Approved by the Governor. Chapter 9.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 33, Nays: 9.) To Senate.
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Read second time.
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From committee: Do pass.
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In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.
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Read third time. Passed. Title approved. (Yeas: 18, Nays: 3.) To Assembly.
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From committee: Without recommendation. Placed on Second Reading File. Read second time.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Marilyn Dondero Loop · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Dondero Loop, Marilyn Democratic
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 441?
- SB 441 is sponsored by Dondero Loop, Marilyn (Democratic).
- What is the current status of SB 441?
- This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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