Assembly Concurrent Resolution No. 46–Committee on

Elections, Procedures, and Ethics

FILE NUMBER........

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

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

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

former officer or employee of the State of Nevada or any political

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

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

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

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

since 1979; and

Whereas, Persons injured in this state may not be adequately

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

political subdivisions because of the current limitation on damages; and

Whereas, Before changing the statutory limit on the amount of

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

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

therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate

Concurring, That the Legislative Commission is hereby directed to

conduct an interim study concerning the statutory limitation on damages

that may be awarded to a person in a tort action against the State of Nevada

or any of its political subdivisions, or a present or former officer or

employee of this state or any political subdivision, or an immune contractor

or state legislator arising out of an act or omission within the scope of his

public duties or employment; and be it further

Resolved, That the Legislative Commission shall appoint a

subcommittee, consisting of:

1. Four members of the Assembly, two of whom must have served on

the Assembly Standing Committee on Judiciary during the immediately

preceding session of the legislature; and

2. Four members of the Senate, two of whom must have served on the

Senate Standing Committee on Judiciary during the immediately preceding

session of the legislature,

to conduct the study; and be it further

Resolved, That, in addition to legislators, the Legislative Commission

shall appoint an advisory committee to assist the subcommittee, including,

without limitation:

1. One representative from the Office of the Attorney General;

2. Two representatives from the Nevada League of Cities;

3. Two representatives from the Nevada Association of Counties;

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

and

5. One representative from the Nevada Association of School Boards;

and be it further

Resolved, That the study must include, without limitation, an analysis

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

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

of changing the limitation, including, without limitation, the potential fiscal

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

have on injured plaintiffs; and be it further

Resolved, That any recommended legislation proposed by the

subcommittee must be approved by a majority of the members of the

Senate and a majority of the members of the Assembly appointed to the

subcommittee; and be it further

Resolved, That the Legislative Commission shall submit a report of the

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

session of the Nevada Legislature.

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