SUMMARY--Revises provisions governing liability of persons engaging in certain speech. (BDR 3-219)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to actions concerning persons; revising the provisions governing the liability of a person engaging in certain speech; 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 Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 41.640 to 41.670, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 41.640 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Protected speech" means a written or oral statement that is:
1. Made in a place open to the public or in a public forum; and
2. Genuinely aimed at procuring favorable governmental action.
Sec. 4. NRS 41.640 is hereby amended to read as follows:
41.640[As used in NRS 41.640 to 41.670, inclusive, "political] "Political subdivision" has the meaning ascribed to it in NRS 41.0305.
Sec. 5. NRS 41.650 is hereby amended to read as follows:
41.650A person who [in good faith communicates a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity] engages in protected speech is immune from civil liability on [claims] a claim based upon the [communication.] protected speech.
Sec. 6. NRS 41.660 is hereby amended to read as follows:
41.660In any civil action brought against a person [who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity,] because the person engaged in protected speech, the attorney general [or other] , another legal representative of the state or the legal representative of [the] a political subdivision may provide for the defense of the action on behalf of the person who [communicated the complaint or information. If the legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the attorney general may provide for the defense of the action.] engaged in the protected speech.
Sec. 7. NRS 41.670 is hereby amended to read as follows:
41.6701. Except as otherwise provided in subsection 2, the party prevailing in an action brought against a person [who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity] because the person engaged in protected speech is entitled to recover reasonable costs and attorney's fees.
2. If a legal representative of this state or of a political subdivision provides the defense in such an action, the state or political subdivision:
(a) If the legal representative prevails, is entitled to recover reasonable costs and attorney's fees; or
(b) If the legal representative does not prevail, must pay reasonable costs and attorney's fees.
Sec. 8. The amendatory provisions of this act apply to a civil action that is filed on or after October 1, 1997.