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 Whereas, The State of Nevada, by waiving its sovereign immunity,

1-2 allows monetary damages to be awarded to a person in a tort action against

1-3 the State of Nevada or any of its political subdivisions, or a present or

1-4 former officer or employee of the State of Nevada or any political

1-5 subdivision, or an immune contractor or state legislator arising out of an act

1-6 or omission within the scope of his public duties or employment; and

1-7 Whereas, The current statutory limit on the amount of damages that

1-8 may be awarded to a plaintiff in such a tort action has not been increased

1-9 since 1979; and

1-10 Whereas, Persons injured in this state may not be adequately

1-11 compensated for injuries caused to them by the State of Nevada or its

1-12 political subdivisions because of the current limitation on damages; and

1-13 Whereas, Before changing the statutory limit on the amount of

1-14 damages that may be awarded in such cases, it is also necessary to consider

1-15 the fiscal impact on the State of Nevada and its political subdivisions; now,

1-16 therefore, be it

1-17 Resolved by the Assembly of the State of Nevada, the Senate

1-18 Concurring, That the Legislative Commission is hereby directed to

1-19 appoint a subcommittee to conduct an interim study concerning the

1-20 statutory limitation on damages that may be awarded to a person in a tort

2-1 action against the State of Nevada or any of its political subdivisions, or a

2-2 present or former officer or employee of this state or any political

2-3 subdivision, or an immune contractor or state legislator arising out of an act

2-4 or omission within the scope of his public duties or employment; and be it

2-5 further

2-6 Resolved, That, in addition to legislators, the Legislative Commission

2-7 shall appoint an advisory committee to assist the subcommittee, including,

2-8 without limitation:

2-9 1. One representative from the Office of the Attorney General;

2-10 2. Two representatives from the Nevada League of Cities;

2-11 3. Two representatives from the Nevada Association of Counties; and

2-12 4. Two representatives from the Nevada Trial Lawyers’ Association;

2-13 and be it further

2-14 Resolved, That the study must include, without limitation, an analysis

2-15 of whether it is appropriate to change the current statutory limitation on

2-16 damages set forth in NRS 41.035 with consideration to the potential effects

2-17 of changing the limitation, including, without limitation, the potential fiscal

2-18 impact of any such change and the potential effect that such a change would

2-19 have on injured plaintiffs; and be it further

2-20 Resolved, That any recommended legislation proposed by the

2-21 subcommittee must be approved by a majority of the members of the

2-22 Senate and a majority of the members of the Assembly appointed to the

2-23 subcommittee; and be it further

2-24 Resolved, That the Legislative Commission shall submit a report of the

2-25 results of the study and any recommendations for legislation to the 71st

2-26 session of the Nevada Legislature.