(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 568–Committee on Government Affairs

 

(On Behalf of Department of Administration—Budget Division)

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Allows risk management division of department of administration and attorney general to assess counties for certain tort claims under certain circumstances. (BDR 27-1447)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             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 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:

 

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

1-2    331.187  1.  There is created in the state treasury the fund for

1-3  insurance premiums as an internal service fund to be maintained for use by

1-4  the risk management division of the department of administration and the

1-5  attorney general.

1-6    2.  Each state agency shall deposit in the fund:

1-7    (a) An amount equal to its insurance premium and other charges for

1-8  potential liability, self-insured claims, other than self-insured tort claims,

1-9  and administrative expenses, as determined by the risk management

1-10  division; and

1-11    (b) An amount for self-insured tort claims and expenses related to those

1-12  claims, as determined by the attorney general.

1-13  3.  Each county shall deposit in the fund an assessment for the

1-14  employees of the district court of that county, excluding district judges,

1-15  unless the county enters into a written agreement with the attorney

1-16  general to:

1-17  (a) Hold the State of Nevada harmless and assume liability and costs

1-18  of defense for the employees of the district court;

2-1    (b) Reimburse the State of Nevada for any liability and costs of

2-2  defense that the State of Nevada incurs for the employees of the district

2-3  court; or

2-4    (c) Include the employees of the district court under the county’s own

2-5  insurance or other coverage.

2-6    4.  Expenditures from the fund must be made by the risk management

2-7  division or the attorney general to an insurer for premiums of state agencies

2-8  as they become due or for deductibles, self-insured property and tort claims

2-9  or claims pursuant to NRS 41.0349. If the money in the fund is insufficient

2-10  to pay a tort claim, it must be paid from the reserve for statutory

2-11  contingency account.

2-12  5.  As used in this section, “assessment” means an amount

2-13  determined by the risk management division and the attorney general to

2-14  be equal to the share of a county for:

2-15  (a) Applicable insurance premiums;

2-16  (b) Other charges for potential liability and tort claims; and

2-17  (c) Expenses related to tort claims.

2-18    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-19  H