Amendment No. 121

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

"Section 1. 1. The Legislative Commission shall appoint a subcommittee 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.

2. In addition to legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee. The advisory committee must include, without limitation:

(a) One representative from the Office of the Attorney General;

(b) One representative from the Division of Insurance of the Department of Business and Industry;

(c) One representative from the League of Cities;

(d) One representative from the League of Counties;

(e) One representative from the Nevada Association of Counties;

(f) One representative from the Nevada Trial Lawyers’ Association;

(g) One resident of Clark County;

(h) One resident of Washoe County; and

(i) One resident of a rural county of this state.

3. 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.

4. 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.

5. 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.

Sec. 2. This act becomes effective upon passage and approval.".

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

"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,".

Amend the title of the bill to read as follows:

Amend the summary of the bill to read as follows: