Senate Bill No. 568–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to tort claims; allowing the risk management division of the department of administration and the attorney general to assess counties for certain tort claims under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 331.187 is hereby amended to read as follows:

   331.187  1.  There is created in the state treasury the fund for

 insurance premiums as an internal service fund to be maintained for use by

 the risk management division of the department of administration and the

 attorney general.

   2.  Each state agency shall deposit in the fund:

   (a) An amount equal to its insurance premium and other charges for

 potential liability, self-insured claims, other than self-insured tort claims,

 and administrative expenses, as determined by the risk management

 division; and

   (b) An amount for self-insured tort claims and expenses related to those

 claims, as determined by the attorney general.

   3.  Each county shall deposit in the fund an assessment for the

 employees of the district court of that county, excluding district judges,

 unless the county enters into a written agreement with the attorney

 general to:

   (a) Hold the State of Nevada harmless and assume liability and costs

 of defense for the employees of the district court;

   (b) Reimburse the State of Nevada for any liability and costs of

 defense that the State of Nevada incurs for the employees of the district

 court; or

   (c) Include the employees of the district court under the county’s own

 insurance or other coverage.

   4.  Expenditures from the fund must be made by the risk management

 division or the attorney general to an insurer for premiums of state

 agencies as they become due or for deductibles, self-insured property and

 tort claims or claims pursuant to NRS 41.0349. If the money in the fund is

 insufficient to pay a tort claim, it must be paid from the reserve for

 statutory contingency account.

   5.  As used in this section, “assessment” means an amount

 determined by the risk management division and the attorney general to

 be equal to the share of a county for:

   (a) Applicable insurance premiums;

   (b) Other charges for potential liability and tort claims; and

   (c) Expenses related to tort claims.

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

 

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