e, immune contractor or member of a board or commission thereof or any present or former Legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether: 1. The individual defendant was acting within the scope of his public duty or employment; and 2. The alleged act or omission by the individual defendant was wanton or malicious. (Added to NRS by 1979, 1735; A 1987, 542) NRS 41.0349 Indemnification of present or former public officer, employee, immune contractor or Legislator. In any civil action brought against any present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator, in which a judgment is entered against the defendant based on any act or omission relating to his public duty or employment, the State or political subdivision shall indemnify him unless: 1. The person failed to submit a timely request for defense; 2. The person failed to cooperate in good faith in the defense of the action; 3. The act or omission of the person was not within the scope of his public duty or employment; or 4. The act or omission of the person was wanton or malicious. (Added to NRS by 1979, 1735; A 1987, 543) NRS 41.035 Limitation on award for damages in tort actions. 1. 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 within the scope of his public duties or employment may not exceed the sum of $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages. 2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against: (a) Any public or quasi-municipal corporation organized under the laws of this State. (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency. (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 on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community. 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 corporation of this State, wherever such land or water may be situated. (Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073) Miscellaneous Provisions NRS 41.036 Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners. 1. Each person who has a claim against the State or any of its agencies arising out of a tort must file his claim within 2 years after the time the cause of action accrues with the Attorney General. 2. Each person who has a claim against any political subdivision of the State arising out of a tort must file his claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision. 3. The filing of a claim in tort against the State or a political subdivision as required by subsections 1 and 2 is not a condition precedent to bringing an action pursuant to NRS 41.031. 4. The Attorney General shall, if authorized by regulations adopted by the State Board of Examiners pursuant to subsection 6, approve, settle or deny each claim that is: (a) Filed pursuant to subsection 1; and (b) Not required to be passed upon by the Legislature. 5. If the Attorney General is not authorized to approve, settle or deny a claim filed pursuant to subsection 1, the Attorney General shall investigate the claim and submit a report of findings to the State Board of Examiners concerning that claim. 6. The State Board of Examiners shall adopt regulations that specify: (a) The type of claim that the Attorney General is required to approve, settle or deny pursuant to subsection 4; and (b) The procedure to be used by the Attorney General to approve, settle or deny that claim. (Added to NRS by 1965, 1414; A 1969, 1117; 1979, 629; 1981, 1885; 1983, 103; 1993, 1502; 1997, 280) NRS 41.037 Administrative settlement of claims or actions. 1. Upon receiving a report of findings pursuant to subsection 5 of NRS 41.036, the State Board of Examiners may approve, settle or deny any claim or action against the State, any of its agencies or any of its present or former officers, employees, immune contractors or Legislators. 2. Upon approval of a claim by the State Board of Examiners or the Attorney General pursuant to subsection 4 of NRS 41.036: (a) The State Controller shall draw his warrant for the payment of the claim; and (b) The State Treasurer shall pay the claim from: (1) The Fund for Insurance Premiums; or (2) The Reserve for Statutory Contingency Account. 3. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may: (a) Approve, settle or deny any claim or action against that subdivision or any of its present or former officers or employees; and (b) Pay the claim or settlement from any money appropriated or lawfully available for that purpose. (Added to NRS by 1965, 1414; A 1973, 1532; 1977, 1539; 1979, 1736; 1985, 544; 1987, 544; 1989, 310; 1991, 1752; 1997, 281) NRS 41.0375 Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances. 1. Any agreement to settle a claim or action 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: (a) Must not provide that any or all of the terms of the agreement are confidential. (b) Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement. (c) Is a public record and must be open for inspection pursuant to NRS 239.010. 2. Any provision of an agreement to settle a claim or action 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 that conflicts with this section is void. (Added to NRS by 2001, 826) NRS 41.038 Insurance of officers, employees and immune contractors of State or local government against liability. 1. The State and any local government may: (a) Insure itself against any liability arising under NRS 41.031. (b) Insure any of its officers, employees or immune contractors against tort liability resulting from an act or omission in the scope of his employment. (c) Insure against the expense of defending a claim against itself or any of its officers, employees or immune contractors whether or not liability exists on such a claim. 2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of his employm

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