Senate Bill No. 398–Senator Care

 

March 19, 2001

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to settlement of certain claims or actions against governmental entities and officers and employees thereof. (BDR 3‑1034)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to tort actions; prohibiting the inclusion of any provision in an agreement to settle a tort claim or action against a governmental entity or an officer or employee thereof that makes the agreement confidential; providing that an agreement to settle such a tort claim or action is a public record; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 41 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Any agreement to settle a claim or action brought under NRS

1-4  41.031 or against a present or former officer or employee of the state or

1-5  any political subdivision, immune contractor or state legislator:

1-6    (a) Must not provide that any or all of the terms of the agreement are

1-7  confidential.

1-8    (b) Is a public record and must be open for inspection pursuant to

1-9  NRS 239.010.

1-10    2.  Any provision of an agreement to settle a claim or action brought

1-11  under NRS 41.031 or against a present or former officer or employee of

1-12  the state or any political subdivision, immune contractor or state

1-13  legislator that conflicts with this section is void.

1-14    Sec. 2.  NRS 41.0305 is hereby amended to read as follows:

1-15    41.0305  As used in NRS 41.0305 to 41.039, inclusive, and section 1

1-16  of this act, the term “political subdivision” includes an organization that

1-17  was officially designated as a community action agency pursuant to 42

1-18  U.S.C. § 2790 before that section was repealed and is included in the

1-19  definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada

1-20  rural housing authority, an airport authority created by special act of the

1-21  legislature, a regional transportation commission and a fire protection

2-1  district, irrigation district, school district, governing body of a charter

2-2  school and other special district that performs a governmental function,

2-3  even though it does not exercise general governmental powers.

2-4    Sec. 3.  This act becomes effective on July 1, 2001.

 

2-5  H