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, 3 and 4 of this act.

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

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

1-5 present or former justice of the peace or municipal judge in any civil

1-6 action brought against that person based on an alleged act or omission

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

1-8 1. The justice of the peace or municipal judge has requested

1-9 representation by the official attorney of the political subdivision

1-10 pursuant to NRS 41.0339;

1-11 2. The official attorney has:

1-12 (a) Failed to determine whether to tender the defense pursuant to NRS

1-13 41.03415, and an answer or other responsive pleading must be filed

1-14 within 10 days;

1-15 (b) Determined not to tender the defense pursuant to NRS 41.03415;

1-16 or

2-1 (c) Determined that it is impracticable or could constitute a conflict of

2-2 interest for the legal services to be rendered by the official attorney, but

2-3 the official attorney has not:

2-4 (1) Employed special counsel pursuant to NRS 41.0344;

2-5 (2) Tendered the defense to an insurer who is authorized to defend

2-6 the action pursuant to a contract of insurance, pursuant to NRS 41.0345;

2-7 or

2-8 (3) Requested the attorney general to provide the defense pursuant

2-9 to this section;

2-10 3. The justice of the peace or municipal judge submits a written

2-11 request for defense to the attorney general and a copy of the request to

2-12 the office of the court administrator, or the official attorney, after

2-13 determining that it is impracticable or could constitute a conflict of

2-14 interest for the legal services to be rendered by the official attorney,

2-15 submits a written request for defense to the attorney general and a copy

2-16 of the request to the office of the court administrator; and

2-17 4. The attorney general determines that the act or omission on which

2-18 the action is based appears to be within the course and scope of the

2-19 public duty or employment of the justice of the peace or municipal judge

2-20 and appears to have been performed or omitted in good faith.

2-21 Sec. 3. If the attorney general defends an action pursuant to section

2-22 2 of this act, the political subdivision that employed the justice of the

2-23 peace or municipal judge at the time the act or omission on which the

2-24 action is based occurred shall pay the cost of legal representation

2-25 provided by the attorney general.

2-26 Sec. 4. 1. If a request for the defense of a justice of the peace or

2-27 municipal judge is submitted to the attorney general pursuant to section

2-28 2 of this act, the attorney general shall determine as promptly as possible

2-29 whether to tender the defense of the justice of the peace or municipal

2-30 judge. Until the attorney general makes the determination, he shall take

2-31 appropriate action to defend or otherwise protect the time of the justice of

2-32 the peace or municipal judge to file a responsive pleading.

2-33 2. After determining whether to tender the defense of the justice of

2-34 the peace or municipal judge, the attorney general shall, as promptly as

2-35 possible, give written notice of the determination to the justice of the

2-36 peace or municipal judge and the political subdivision that employed that

2-37 person at the time the act or omission on which the action is based

2-38 occurred.

2-39 Sec. 5. NRS 41.0338 is hereby amended to read as follows:

2-41 2, 3 and 4 of this act, "official attorney" means:

3-1 1. The attorney general, in an action which involves a present or

3-2 former legislator, officer or employee of this state, immune contractor or

3-3 member of a state board or commission.

3-4 2. The chief legal officer or other authorized legal representative of a

3-5 political subdivision, in an action which involves a present or former

3-6 officer or employee of that political subdivision or a present or former

3-7 member of a local board or commission.

3-8 Sec. 6. NRS 41.0345 is hereby amended to read as follows:

3-9 41.0345 The attorney general if he is defending an action pursuant

3-13 contract of insurance, is authorized to defend the action.

3-14 Sec. 7. NRS 41.0346 is hereby amended to read as follows:

3-15 41.0346 1. At any time after the attorney general, if he is defending

3-42 forth in subsection 1 brought by the attorney general or official attorney,

4-1 the state or political subdivision has no duty to continue to defend any

4-2 person who is the subject of the motion to withdraw.

4-3 Sec. 8. This act becomes effective on July 1, 1999 and expires by

4-4 limitation on June 30, 2001.