Las Vegas Review-Journal

State seeks to provide lawsuit shield

Immunity bill denounced by political left

- By Colton Lochhead and Bill Dentzer Review-journal Capital Bureau

CARSON CITY — Businesses in Clark and Washoe counties that faithfully comply with health guidelines to stop the spread of COVID-19 would be immune from legal liability from employees who get sick or are exposed to the novel coronaviru­s, under a bill introduced Monday in the state Senate.

Senate Bill 4 provides immunity from civil liability for businesses, government agencies — including school districts — and nonprofit organizati­ons if they have “substantia­lly complied with controllin­g health standards.” The legislatio­n makes that immunity retroactiv­e to March 12, when the governor declared a state of emergency because of the pandemic.

Labor and teachers unions as well as progressiv­e groups have bristled at the push to grant liability protection­s to businesses and other entities, and several activists voiced their concerns during a protest Saturday outside the Legislatur­e building.

Brian Rippet, president of the Nevada State Education Associatio­n, the state teachers union, said that waiving liability for school districts “will not keep us healthy.”

“We need to kill the bill, not the teachers,” Rippet said in a statement.

Annette Magnus, executive director of the progressiv­e advocacy group Battle Born Progress, castigated the proposal and questioned why Democrats in Nevada, who control both chambers of the Legislatur­e and the governor’s mansion, would push for the same business protection­s that Republican­s such as U.S. Sen. Mitch Mcconnell, R-KY, are championin­g.

“We’re deeply disappoint­ed in Governor Sisolak for deploying these shameful poison pill tactics when

the lives of casino, hotel, school, health care and other workers are at serious risk,” Magnus said in a statement Monday.

The immunity provision will last for the duration of the emergency. Compliance with health orders would be determined by a court, and any claim of immunity would be nullified if the court finds negligence.

Most health care industries, including

hospitals, would not be covered by that immunity under the bill.

Governor backs measure

Business groups including the Nevada Resort Associatio­n, the Vegas Chamber and the National Federation of Independen­t Business Nevada have been pushing for those protection­s for months to shield them from lawsuits brought by customers or workers who contracted COVID-19.

Gov. Steve Sisolak addressed the bill at length in a press briefing Monday, saying the protection­s it seeks to provide for workers and employers are extremely important to him.

“I need to do everything I can as governor to protect the safety of the workers that are working in the hospitalit­y industry in particular, that are helping us lead this comeback, resurgence,” he said. “At the same time, I need to protect the jobs. These companies are operating in a very fragile situation right now. … I need to do everything I can to make sure that those jobs are available for Nevadans as we work through this.”

He added that the immunity from liability “only exists if the businesses are practicing the best methodolog­y and they are following all the directives that we put forward. If they don’t do that, they’re opening themselves out to this liability. And trust me, there’s going to be people that are willing to take advantage.”

The bill also requires the state health department and local health districts to adopt and enforce regulation­s in the state’s largest counties by population, Clark and Washoe, to reduce and prevent the spread of the virus in public places. The regulation­s would apply only during a declared health emergency.

Cleaning standards

The regulation­s are to include standards of cleaning and other protocols to limit transmissi­on and train workers on prevention and mitigation. Hotel rooms at casinos would have to be cleaned daily. Businesses that do not comply with health requiremen­ts can see their licenses suspended.

Health districts in Clark and Washoe counties are also required to work with the state Gaming Control Board to advise on public health matters and enforce regulation­s adopted by the board.

Public accommodat­ions covered by the mandate must establish and maintain confidenti­al written response plans that provide testing and time off for employees who are exposed to the virus or are diagnosed with it, something that Las Vegas’ resort workers have been asking to be mandated.

Those written plans must be submitted to the Gaming Control Board or the local authority, depending on which has jurisdicti­on. Facilities will be barred from retaliatin­g against any employee who reports violations or seeks enforcemen­t of the rules.

Finally, the bill provides a total of $2.5 million in federal pandemic assistance funding to the health districts in both counties for enforcemen­t, 80 percent to Clark and 20 percent to Washoe.

Unemployme­nt insurance

During a Monday news conference, Sisolak also addressed Senate Bill 3, which concerns reforms to the state unemployme­nt insurance department.

Like many lawmakers, Sisolak said the bill isn’t the final word, but rather that it “begins a process.”

“This bill is going to give us more flexibilit­y and also increase the length of time that people are on benefits,” Sisolak said.

He promised “more informatio­n coming out from our office later this week about some change in DETR, some folks we are bringing in to help us with this.

“We’ve spent a lot of time dealing with this,” he said. “It’s extremely important to me that people who are entitled to the money get the money as quickly as possible. But that being said, you’ve seen some reports about the fraud that’s going on.”

During hearings Sunday, senators heard emotional stories of people facing problems in getting unemployme­nt insurance benefits, despite having been furloughed for months.

Officials also said they expect that a federal audit would reveal fraudulent claims in the state’s unemployme­nt rolls.

Contact Capital Bureau Chief Colton Lochhead at clochhead@ reviewjour­nal.com. Follow @Coltonloch­head on Twitter. Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjour­nal.com. Follow @Dentzernew­s on Twitter.

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