Senate Amendment to Senate Bill No. 302 (BDR 10-226)
Proposed by: Committee on Transportation
Amendment Box: Makes substantive changes.
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 405 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A gate that:
(a) Operates by mechanical power; and
(b) Provides access between a public highway and any property open to public entry,
must be equipped with an alarm that gives an audible warning before the gate opens or closes.2. If the manufacturer of a gate on which an alarm is required pursuant to this section fails to comply with the provisions of subsection 1, that failure constitutes negligence per se in any action for the recovery of damages to a person or his property caused by the opening or closing of the gate.
3. If a gate on which an alarm is required pursuant to this section is within 100 feet of a dwelling, the alarm must not be louder than 60 decibels.
4. As used in this section, "property open to public entry" means property in private or public ownership onto which members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.
Sec. 2. 1. If a gate on which an alarm is required pursuant to section 1 of this act was installed before October 1, 1999, the alarm must be installed on or before January 1, 2000.
2. Subsection 2 of section 1 of this act does not apply to the manufacturer of a gate installed before October 1, 1999, if the manufacturer equips the gate as required pursuant to subsection 1 of that section on or before January 1, 2000.".
Amend the title of the bill, second line, after "gates;" by inserting:
"specifying the standard of liability for the manufacturer of a gate without the required alarm;".
Amend the summary of the bill, first line, by deleting "(BDR 10-226)" and inserting "(BDR 35-226)".