Assembly Bill No. 26–Assemblyman Oceguera

 

CHAPTER..........

 

AN ACT relating to tort actions; providing immunity from liability to certain governmental entities and actors for damages caused by equipment or other personal property donated by any of them to a volunteer fire department; 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 a new section to read as follows:

    No action may be brought under NRS 41.031 or against an

 immune contractor or an officer or employee of the State or any

 of its agencies or political subdivisions for damages caused by any

 equipment or other personal property that was provided by any of

 them, in good faith and without charge, to a volunteer fire

 department for use by the volunteer fire department in carrying

 out its duties.

    Sec. 2.  NRS 41.0307 is hereby amended to read as follows:

    41.0307  As used in NRS 41.0305 to 41.039, inclusive[:] , and

 section 1 of this act:

    1.  “Employee” includes an employee of a:

    (a) Part-time or full-time board, commission or similar body of

 the State or a political subdivision of the State which is created by

 law.

    (b) Charter school.

    2.  “Employment” includes any services performed by an

 immune contractor.

    3.  “Immune contractor” means any natural person, professional

 corporation or professional association which:

    (a) Is an independent contractor with the State pursuant to

NRS 284.173; and

    (b) Contracts to provide medical services for the Department of

 Corrections.

As used in this subsection, “professional corporation” and

 “professional association” have the meanings ascribed to them in

 NRS 89.020.

    4.  “Public officer” or “officer” includes:

    (a) A member of a part-time or full-time board, commission or

 similar body of the State or a political subdivision of the state

 which is created by law.

    (b) A public defender and any deputy or assistant attorney of a

 public defender or an attorney appointed to defend a person for a

 limited duration with limited jurisdiction.

    (c) A district attorney and any deputy or assistant district

attorney or an attorney appointed to prosecute a person for a limited

 duration with limited jurisdiction.

    Sec. 3.  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, and section

 1 of this act, 485.318, subsection 3 and any statute which expressly

 provides for governmental immunity, if the claimant complies with

 the limitations of NRS 41.010 or the limitations ofNRS 41.032 to

 41.036, inclusive. 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, and section

 1 of this act, subsection 3 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 this section against the

 State of Nevada or any political subdivision of the State. In any

 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 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:

    (a) The Attorney General, or a person designated by the

 Attorney General, at the Office of the Attorney General in Carson

 City; and

    (b) The person serving in the office of administrative head of the

 named agency.

    3.  The State of Nevada does not waive its immunity from suit

 conferred by Amendment XI of the Constitution of the United

 States.

 

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