SUMMARY--Repeals provision granting immunity from civil liability for certain actions concerning program for verification of proof of financial responsibility for motor vehicles. (BDR 43-979)
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 motor vehicles; repealing the provision that grants immunity from civil liability for certain actions concerning the program for verification of proof of financial responsibility for motor vehicles; 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 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. Except as otherwise provided in NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner who had insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317, but failed to return the form within the time specified in that subsection,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to [485.318,] 485.317, inclusive.
5. For every travel trailer, a fee for registration of $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 2 NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [485.318,] subsection 4 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 4 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought [under] pursuant to this section against the State of Nevada or [any] a political subdivision of the state. In [any] an action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause of action or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the attorney general.
4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 3 NRS 485.318 is hereby repealed.
Sec. 4 This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTION
485.318Immunity from liability for actions in good faith and without gross negligence.An insurer, its agents, the department and its employees who act pursuant to NRS 485.313 to 485.318, inclusive, in good faith and without gross negligence are immune from civil liability for those acts.