Senate Bill No. 168–Senator Schneider

February 11, 1999

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Joint Sponsor: Assemblywoman Buckley

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing closure of highways, bridges, roads and streets for construction, maintenance or repair in certain counties. (BDR 35-1241)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to highways; prohibiting, under certain circumstances, the closure of highways, roads, streets or bridges for construction, maintenance or repair in certain counties; requiring a contract that is made or awarded by the department of transportation for the construction, improvement, maintenance or repair of a highway to include a provision for the payment of an additional amount of money if the construction, improvement, maintenance or repair is completed before a certain date; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 403 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 During the period from December 1 to January 2, inclusive, a board of

1-4 county highway commissioners, a board of road commissioners or a

1-5 county road supervisor in a county whose population is 100,000 or more

1-6 shall not close a public highway, road or bridge to construct, maintain or

1-7 repair that highway, road or bridge unless the closure is necessary to

1-8 protect:

1-9 1. The public; or

1-10 2. The highway, road or bridge from damage during a storm.

2-1 Sec. 2. NRS 403.090 is hereby amended to read as follows:

2-2 403.090 [The] Except as otherwise provided in section 1 of this act,

2-3 the board of county highway commissioners [shall have] has exclusive

2-4 control of all matters [pertaining] relating to the construction, repairing and

2-5 maintaining of public highways, roads and bridges within its county.

2-6 Sec. 3. NRS 403.140 is hereby amended to read as follows:

2-7 403.140 1. [Under] Except as otherwise provided in section 1 of this

2-8 act, under the direction of the board of county highway commissioners, the

2-9 county road supervisor shall:

2-10 (a) Take charge of all county roads.

2-11 (b) Supervise and direct the building, repairing and maintaining of all

2-12 county roads.

2-13 (c) Lay out roads on the best grades and alignments possible.

2-14 (d) Repair, plan and supervise and furnish estimates for the guidance of

2-15 the board of county highway commissioners.

2-16 (e) Perform such other duties as the board of county highway

2-17 commissioners may direct and as are required by this chapter.

2-18 2. The county road supervisor shall view every county road within his

2-19 county at least once each year.

2-20 Sec. 4. NRS 403.160 is hereby amended to read as follows:

2-21 403.160 1. If the board of county highway commissioners [shall

2-22 decide] determines not to appoint a county road supervisor for the county,

2-23 the board may [, at its option,] create a board of road commissioners for

2-24 each district. The board of road commissioners [shall] must consist of one

2-25 to three members.

2-26 2. The boundaries of the districts may be fixed by the board of county

2-27 highway commissioners, and road commissioners may be elected in the

2-28 same manner as [in the case of] township officers.

2-29 3. Road commissioners shall hold office until their successors are

2-30 [duly] elected or appointed, and qualified, and shall take and subscribe to

2-31 the constitutional oath of office before entering upon their duties.

2-32 4. [A] Except as otherwise provided in section 1 of this act, a board of

2-33 road commissioners [shall:

2-34 (a) Exercise] :

2-35 (a) Shall exercise the duties of the county road supervisor.

2-36 (b) [Have] Has supervision over all road work within its district, and

2-37 may appoint whomever the board may choose to do the work.

2-38 5. All vouchers [shall] must be signed by at least a majority of the road

2-39 commissioners and allowed as in the usual course of claims against the

2-40 county, but [no] a board of road commissioners [shall] may not contract for

2-41 any amount of work in excess of the [funds] money set aside for [such] the

3-1 district by the board of county commissioners unless in case of an

3-2 emergency when, by order of the board of county commissioners, a larger

3-3 amount may be expended.

3-4 6. The board of county commissioners shall set aside for each road

3-5 district the [sums of] money apportioned for each road district at the first

3-6 meeting of the board in January, or as soon thereafter as possible.

3-7 Sec. 5. NRS 404.150 is hereby amended to read as follows:

3-8 404.150 [Each]

3-9 1. Except as otherwise provided in subsection 2, each road supervisor

3-10 appointed under the provisions of NRS 404.120 to 404.160, inclusive,

3-11 shall:

3-12 [1.] (a) Supervise all work upon the roads in his road district [.

3-13 2.] ;

3-14 (b) Attest to the propriety and correctness of all bills for [such work.

3-15 3.] that work; and

3-16 (c) Direct the expenditures of all sums set apart for his road district by

3-17 the board of county commissioners, [but no bills shall] except that no bill

3-18 may be contracted or any money expended by the road supervisor unless he

3-19 [shall have first obtained] obtains the consent and approval of the board of

3-20 county commissioners.

3-21 2. During the period from December 1 to January 2, inclusive, a

3-22 road supervisor in a county whose population is 100,000 or more shall

3-23 not close a road in his district to construct, maintain or repair that road

3-24 unless the closure is necessary to protect:

3-25 (a) The public; or

3-26 (b) The road from damage during a storm.

3-27 Sec. 6. Chapter 408 of NRS is hereby amended by adding thereto the

3-28 provisions set forth as sections 7 and 8 of this act.

3-29 Sec. 7. 1. Any contract made or awarded by the department for the

3-30 construction, improvement, maintenance or repair of a highway or an

3-31 appurtenance to that highway that is located in a county whose

3-32 population is 100,000 or more must include a provision for the payment

3-33 of an additional amount of money to the person with whom the contract

3-34 is made or to whom it is awarded if he satisfactorily completes the

3-35 construction, improvement, maintenance or repair of the highway or

3-36 appurtenance before the date for completion of that construction,

3-37 improvement, maintenance or repair set forth in the contract.

3-38 2. The amount of money to be paid pursuant to a provision included

3-39 in a contract specified in subsection 1 and the date before which the work

3-40 must be completed must be determined by the department.

4-1 Sec. 8. During the period from December 1 to January 2, inclusive,

4-2 the director shall not close a highway that is located in a county whose

4-3 population is 100,000 or more to construct, reconstruct, improve or

4-4 maintain that highway unless the closure is necessary to protect:

4-5 1. The public; or

4-6 2. The highway from damage during a storm.

4-7 Sec. 9. NRS 408.210 is hereby amended to read as follows:

4-8 408.210 1. [The] Except as otherwise provided in section 8 of this

4-9 act, the director may restrict the use of, or close, any highway [whenever] if

4-10 he considers the closing or restriction of use necessary:

4-11 (a) [For the protection of] To protect the public.

4-12 (b) [For the protection of such] To protect the highway from damage

4-13 during [storms] a storm or during construction, reconstruction,

4-14 improvement or maintenance operations thereon.

4-15 (c) To promote economic development or tourism in the best interest of

4-16 the state or upon the written request of the executive director of the

4-17 commission on economic development or the commission on tourism.

4-18 2. The director may:

4-19 (a) Divide or separate any highway into separate roadways, wherever

4-20 there is particular danger to the traveling public of collisions between

4-21 vehicles proceeding in opposite directions or from vehicular turning

4-22 movements or cross-traffic, by constructing curbs, central dividing sections

4-23 or other physical dividing lines, or by signs, marks or other devices in or on

4-24 the highway appropriate to designate the dividing line.

4-25 (b) Lay out and construct frontage roads on and along any highway or

4-26 freeway and divide and separate any such frontage road from the main

4-27 highway or freeway by means of curbs, physical barriers or by other

4-28 appropriate devices.

4-29 3. The director may remove from the highways any unlicensed

4-30 encroachment which is not removed, or the removal of which is not

4-31 commenced and thereafter diligently prosecuted, within 5 days after

4-32 personal service of notice and demand upon the owner of the encroachment

4-33 or his agent. In lieu of personal service upon that person or his agent,

4-34 service of the notice may [also] be made by registered or certified mail and

4-35 by posting, for a period of 5 days, a copy of the notice on the encroachment

4-36 described in the notice. Removal by the department of the encroachment on

4-37 the failure of the owner to comply with the notice and demand gives the

4-38 department a right of action to recover the expense of the removal, cost and

4-39 expenses of suit, and in addition thereto the sum of $100 for each day the

4-40 encroachment remains beyond 5 days after the service of the notice and

4-41 demand.

4-42 4. If the director determines that the interests of the department are not

4-43 compromised by a proposed or existing encroachment, he may issue a

5-1 license to the owner or his agent permitting an encroachment on the

5-2 highway. [Such a] The license is revocable and must provide for relocation

5-3 or removal of the encroachment in the following manner. Upon notice from

5-4 the director to the owner of the encroachment or his agent, the owner or

5-5 agent may propose a [time] period within which he will relocate or remove

5-6 the encroachment as required. If the director and the owner or his agent

5-7 agree upon [such a time,] that period, the director shall not himself remove

5-8 the encroachment unless the owner or his agent has failed to do so within

5-9 the [time] period agreed. If the director and the owner or his agent do not

5-10 agree upon [such a time,] that period, the director may remove the

5-11 encroachment at any time later than 30 days after the service of the original

5-12 notice upon the owner or his agent. Service of notice may be made in the

5-13 manner provided by subsection 3. Removal of the encroachment by the

5-14 director gives the department the right of action provided by subsection 3,

5-15 but the penalty must be computed from the expiration of the agreed period

5-16 or 30-day period . [, as the case may be.]

5-17 Sec. 10. NRS 244.155 is hereby amended to read as follows:

5-18 244.155 [The]

5-19 1. Except as otherwise provided in subsection 2, the boards of county

5-20 commissioners [shall have power and jurisdiction] may, in their respective

5-21 counties , [to] lay out, control and manage public roads, turnpikes, ferries

5-22 and bridges within the county, [in all cases where] if the law does not

5-23 prohibit [such jurisdiction,] that laying out, control or management, and

5-24 [to] may make such orders as may be necessary and requisite to carry its

5-25 control and management into effect.

5-26 2. During the period from December 1 to January 2, inclusive, the

5-27 board of county commissioners in a county whose population is 100,000

5-28 or more shall not close a public road, turnpike or bridge to construct,

5-29 maintain or repair that road, turnpike or bridge unless the closure is

5-30 necessary to protect:

5-31 (a) The public; or

5-32 (b) The road, turnpike or bridge from damage during a storm.

5-33 Sec. 11. Chapter 266 of NRS is hereby amended by adding thereto a

5-34 new section to read as follows:

5-35 During the period from December 1 to January 2, inclusive, the city

5-36 council of a city located in a county whose population is 100,000 or more

5-37 shall not close a street or other public right of way to improve, equip or

5-38 maintain that street or other public right of way unless the closure is

5-39 necessary to protect:

5-40 1. The public; or

5-41 2. The street or other public right of way from damage during a

5-42 storm.

6-1 Sec. 12. NRS 266.261 is hereby amended to read as follows:

6-2 266.261 1. [The] Except as otherwise provided in section 11 of this

6-3 act, the city council, on behalf of the city and in its name, without any

6-4 election, may acquire, improve, equip, operate and maintain, convert to or

6-5 authorize:

6-6 (a) Curb and gutter projects;

6-7 (b) Drainage projects;

6-8 (c) Offstreet parking projects;

6-9 (d) Overpass projects;

6-10 (e) Park projects;

6-11 (f) Sanitary sewer projects;

6-12 (g) Sidewalk projects;

6-13 (h) Storm sewer projects;

6-14 (i) Street projects;

6-15 (j) Underpass projects;

6-16 (k) Water projects; and

6-17 (l) Underground electric and communication facilities.

6-18 2. The city council on behalf of the city for the purpose of defraying all

6-19 the costs of acquiring, improving or converting to any project authorized by

6-20 subsection 1, or any portion of the cost thereof not to be defrayed with

6-21 money otherwise available therefor, is vested with the powers granted to

6-22 municipalities by chapters 271 and 704A of NRS.

6-23 Sec. 13. NRS 266.275 is hereby amended to read as follows:

6-24 266.275 [The] Except as otherwise provided in section 11 of this act,

6-25 the city council may:

6-26 1. Lay out, maintain, alter, improve or vacate all public rights of way in

6-27 the city.

6-28 2. Regulate the use of public parks, buildings, grounds and rights of

6-29 way and prevent the unlawful use thereof.

6-30 3. Require landowners to keep the adjacent streets, sidewalks and

6-31 public parks, buildings and grounds free from encroachments or

6-32 obstructions.

6-33 4. Regulate and prevent in all public places:

6-34 (a) The distribution and exhibition of handbills, or signs.

6-35 (b) Any practice tending to annoy persons passing in such public places.

6-36 (c) Public demonstrations and processions.

6-37 5. Prevent riots or any act tending to promote riots in any public place.

6-38 Sec. 14. NRS 269.185 is hereby amended to read as follows:

6-39 269.185 1. [In] Except as otherwise provided in subsection 3, in

6-40 addition to the powers and jurisdiction conferred upon the town boards or

6-41 boards of county commissioners by this chapter, [such] those boards may:

6-42 (a) Regulate traffic upon the streets and alleys of towns or cities

6-43 governed by [such] those boards pursuant to this chapter.

7-1 (b) Regulate the speed, parking, stopping, turning and operation of all

7-2 motor vehicles and other vehicles using the streets and alleys.

7-3 (c) Pass and adopt all ordinances, rules and regulations, and do and

7-4 perform all acts and things necessary for the execution of the powers and

7-5 jurisdiction conferred by this section.

7-6 2. The town board or board of county commissioners shall cause to be

7-7 displayed, in each school zone and school crossing zone where the county

7-8 has posted a speed limit, signs or other devices designating the hours of the

7-9 day or night or both during which the speed limit in the zone is to apply.

7-10 3. During the period from December 1 to January 2, inclusive, the

7-11 board of county commissioners in a county whose population is 100,000

7-12 or more or the town board of an unincorporated town located in that

7-13 county shall not close a street or alley to repair or maintain that street or

7-14 alley unless the closure is necessary to protect:

7-15 (a) The public; or

7-16 (b) The street or alley from damage during a storm.

7-17 Sec. 15. The amendatory provisions of this act expire by limitation on

7-18 October 1, 2009.

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