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 conduct an interim study concerning the statutory limitation on damages

1-20 that may be awarded to a person in a tort action against the State of Nevada

2-1 or any of its political subdivisions, or a present or former officer or

2-2 employee of this state or any political subdivision, or an immune contractor

2-3 or state legislator arising out of an act or omission within the scope of his

2-4 public duties or employment; and be it further

2-5 Resolved, That the Legislative Commission shall appoint a

2-6 subcommittee, consisting of:

2-7 1. Four members of the Assembly, two of whom must have served on

2-8 the Assembly Standing Committee on Judiciary during the immediately

2-9 preceding session of the legislature; and

2-10 2. Four members of the Senate, two of whom must have served on the

2-11 Senate Standing Committee on Judiciary during the immediately preceding

2-12 session of the legislature,

2-13 to conduct the study; and be it further

2-14 Resolved, That, in addition to legislators, the Legislative Commission

2-15 shall appoint an advisory committee to assist the subcommittee, including,

2-16 without limitation:

2-17 1. One representative from the Office of the Attorney General;

2-18 2. Two representatives from the Nevada League of Cities;

2-19 3. Two representatives from the Nevada Association of Counties;

2-20 4. Two representatives from the Nevada Trial Lawyers’ Association;

2-21 and

2-22 5. One representative from the Nevada Association of School Boards;

2-23 and be it further

2-24 Resolved, That the study must include, without limitation, an analysis

2-25 of whether it is appropriate to change the current statutory limitation on

2-26 damages set forth in NRS 41.035 with consideration to the potential effects

2-27 of changing the limitation, including, without limitation, the potential fiscal

2-28 impact of any such change and the potential effect that such a change would

2-29 have on injured plaintiffs; and be it further

2-30 Resolved, That any recommended legislation proposed by the

2-31 subcommittee must be approved by a majority of the members of the

2-32 Senate and a majority of the members of the Assembly appointed to the

2-33 subcommittee; and be it further

2-34 Resolved, That the Legislative Commission shall submit a report of the

2-35 results of the study and any recommendations for legislation to the 71st

2-36 session of the Nevada Legislature.