ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 1.5, page 2, line 15, by deleting “jurisdiction.” and inserting:
“jurisdiction and which result in injury to any person performing highway construction or maintenance unless the district attorney has good cause for not prosecuting the violation.”.
Amend sec. 1.5, page 2, line 16, by deleting:
“the provisions of this section” and inserting:
“any provision of subsection 1”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. NRS 484.287 is hereby amended to read as follows:
484.287 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches , [and] shelters and stations for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [.] or 705.695.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
5. If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.”.
Amend sec. 10, page 6, line 19, by deleting “turn.” and inserting:
“turn [.] onto or from the highway.”.
Amend sec. 10, page 6, line 21, by deleting “turn.” and inserting:
“turn [.] from the highway.
(c) A vehicle that is in the center turn lane after making a left-hand turn onto the highway must stop and wait for an appropriate break in traffic before merging with traffic.
(d) A vehicle that is stopped in the center turn lane after making a left-hand turn onto the highway and before merging with traffic must yield the right-of-way to a vehicle that is being driven in the center lane for the purpose of making a left-hand turn from the highway.”.
Amend sec. 17, page 8, lines 42 and 43, by deleting:
“which states that” and inserting:
“[which states that] stating “DOUBLE PENALTIES IN WORK ZONES” to indicate”.
Amend sec. 21, page 11, line 27, by deleting “484.3667.” and inserting:
“484.3667 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484.348.”.
Amend the bill as a whole by adding new sections designated sections 26 and 27, following sec. 25, to read as follows:
“Sec. 26. NRS 405.030 is hereby amended to read as follows:
405.030 1. Except as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches , [and] shelters and stations for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [,] or 705.695, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.
(b) Within 20 feet of the main traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without the owner’s written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.
3. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.
4. If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond, until the bond is repaid.
Sec. 27. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except on benches , [and] shelters and stations for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [,] or 705.695, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.
(c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the Department of Transportation, counties, towns or cities of this state may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The Department of Transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.
5. If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.
6. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.
7. If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.”.
Amend the title of the bill to read as follows:
“AN ACT relating to transportation; authorizing vehicles used by the Department of Transportation in the construction, maintenance or repair of highways to be equipped with tail lamps that emit nonflashing blue light under certain circumstances; providing an additional penalty for a violation of certain traffic laws in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; requiring prosecution of a failure to comply with signals of flagmen under certain circumstances; exempting certain benches, shelters and stations for passengers of public mass transportation for which a franchise has been granted from certain prohibitions against outdoor advertising; requiring a franchisee to use revenues it receives from such authorized advertising for the repayment of certain financial obligations; authorizing the use of a single center lane when making a left-hand turn onto a highway; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to transportation. (BDR 43‑1098)”.