SB 245 — Revises provisions relating to civil actions. (BDR 3-965)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on June 2, 2019) SECOND REPRINT S.B.

245245–Senators SOhrenschall, ENATECannizzaro, BRatti, ILLParks, NOPickard; .

245–SENATORSBrooks, OCancela, HRENSCHALLDenis, ,Dondero CLoop, ANNIZZAROSpearman ,and RWoodhouse ATTI,CHAPTER.......... PARKS , PICKARD ;

B ROOKS , C ANCELA , D ENIS , D ONDERO LOOP , SPEARMAN AND W OODHOUSE M ARCH 1, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil actions.

(BDR 3-965) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides that the limitation on the amount of damages that may be awarded in a tort action against a governmental entity or its officers or employees is Section$100,000. 3 of this bill provides that this increase becomes effective on July 1, 2020, and expires by limitation on June 30, 2022.

(NRS 41.035) Section 21 of this bill providesincreases that the increased limitation on damages applies to a$150,000. cause of action that “accrues” on or after July 1, 2020, but before July 1, 2022.

Section 3 of this bill provides that this increase becomes effective on July 1, 2020, increased limitation on damages applies to a cause of action that “accrues” on orthe after July 1, 2020, but before July 1, 2022.

A cause of action 951“accrues” (1997))henwhen the right to bring a lawsuit arises.

949, THE(1997)) PEOPLEEXPLANATION OF– THEMatter STATEin OFbolded NEVADA,italics REPRESENTEDis INnew; SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission - *SB245_R2* – 2 – within the scope of the person’s public duties or employment may not exceed the sum of [$100,000,] $150,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant.

- 80th Session (2019) – 2 – (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use.

 The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporationsituated.on of this State, wherever such land or water may be sitSec.Sec.

An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immuneficerimmune or contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of [$150,000,] $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant.

(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use.

The provisions of this paragraph do not impair or modify any immunity from liability or action existing - *SB245_R2* – 3 – on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

on1. or after July 1, 2020, but before July 1, 2022.action that accrues 2.

Section 1.51 of this act apply to a cause of action that accrues on or after July 1, 2020, but before July 1, 2022.

Sec.- 80th Session (2019) – 3 – 2.

Section 1.5 of this act apply to a cause of action that accrues on oSec.

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