EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 41 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. The attorney general may provide for the defense,

1-4 including, without limitation, the defense of cross-claims and

1-5 counterclaims, of any present or former justice of the peace or municipal

1-6 judge in any civil action brought against that person based on an alleged

1-7 act or omission relating to his public duties or employment if:

1-8 (a) The justice of the peace or municipal judge:

1-9 (1) Has requested representation by the official attorney of the

1-10 political subdivision pursuant to NRS 41.0339, and the official attorney

1-11 determined not to tender the defense pursuant to NRS 41.03415; and

1-12 (2) Within 15 days after receiving notice of the denial of the official

1-13 attorney to tender the defense pursuant to NRS 41.03415, submits a

1-14 written request for defense to the attorney general and a copy of the

1-15 request to the office of the court administrator; and

1-16 (b) The attorney general determines that the act or omission on which

1-17 the action is based appears to be within the course and scope of the

2-1 public duty or employment of the justice of the peace or municipal judge

2-2 and appears to have been performed or omitted in good faith.

2-3 2. If the attorney general defends an action pursuant to this section,

2-4 the political subdivision that employed the justice of the peace or

2-5 municipal judge at the time the act or omission on which the action is

2-6 based occurred shall pay the cost of legal representation provided by the

2-7 attorney general.

2-8 Sec. 3. 1. The attorney general shall determine as promptly as

2-9 possible whether to tender the defense of a justice of the peace or

2-10 municipal judge who submits a request for defense pursuant to section 2

2-11 of this act. Until the attorney general makes the determination, he shall

2-12 take appropriate action to defend or otherwise protect the time of the

2-13 person submitting the request to file a responsive pleading.

2-14 2. The attorney general shall give, as promptly as possible after

2-15 determining whether to defend the justice of the peace or municipal

2-16 judge who submitted a request for defense pursuant to section 2 of this

2-17 act, written notice of the determination to the justice of the peace or

2-18 municipal judge and the political subdivision that employed that person

2-19 at the time the act or omission on which the action is based occurred.

2-20 Sec. 4. NRS 41.0338 is hereby amended to read as follows:

2-29 member of a local board or commission.

2-30 Sec. 5. NRS 41.0345 is hereby amended to read as follows:

2-31 41.0345 The attorney general if he is defending an action pursuant

2-35 contract of insurance, is authorized to defend the action.

2-36 Sec. 6. NRS 41.0346 is hereby amended to read as follows:

2-37 41.0346 1. At any time after the attorney general, if he is defending

2-43 based upon:

3-1 (a) Discovery of any new material fact which was not known at the time

3-2 the defense was tendered and which would have altered the decision to

3-3 tender the defense;

3-4 (b) Misrepresentation of any material fact by the person requesting the

3-5 defense, if that fact would have altered the decision to tender the defense if

3-6 the misrepresentation had not occurred;

3-7 (c) Discovery of any mistake of fact which was material to the decision

3-8 to tender the defense and which would have altered the decision but for the

3-9 mistake;

3-10 (d) Discovery of any fact which indicates that the act or omission on

3-11 which the civil action is based was not within the course and scope of

3-12 public duty or employment or was wanton or malicious;

3-13 (e) Failure of the defendant to cooperate in good faith with the defense

3-14 of the case; or

3-15 (f) If the action has been brought in a court of competent jurisdiction of

3-16 this state, failure to name the state or political subdivision as a party

3-17 defendant, if there is sufficient evidence to establish that the civil action is

3-18 clearly not based on any act or omission relating to the defendant’s public

3-19 duty or employment.

3-20 2. If any court grants a motion to withdraw on any of the grounds set

3-21 forth in subsection 1 brought by the attorney general or official attorney,

3-22 the state or political subdivision has no duty to continue to defend any

3-23 person who is the subject of the motion to withdraw.

3-24 Sec. 7. This act becomes effective on July 1, 1999 and expires by

3-25 limitation on June 30, 2001.