Senate Bill No. 10–Committee on Commerce and Labor

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—Prohibits certain regulation of use of telephonic device by person who is operating motor vehicle. (BDR 58‑57)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to telephonic devices; prohibiting certain agencies, boards, commissions or political subdivisions from regulating the use of a telephonic device by a person who is operating a motor vehicle; 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 707 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  An agency, board, commission or political subdivision of

1-4  this state, including, without limitation, any agency, board,

1-5  commission or governing body of a local government, shall not

1-6  regulate the use of a telephonic device by a person who is

1-7  operating a motor vehicle.

1-8  2.  As used in subsection 1, “telephonic device” means a

1-9  cellular phone, satellite phone, portable phone or any other

1-10  similar electronic device that is hand-held and designed or used to

1-11  communicate with a person.

1-12      Sec. 2.  NRS 266.277 is hereby amended to read as follows:

1-13      266.277  The city council may, by ordinance, regulate:

1-14      1.  [All] Except as otherwise provided in section 1 of this act,

1-15  all vehicular, pedestrian and other traffic within the city and provide

1-16  generally for the public safety on public streets, publicly owned

2-1  parking lots, parking areas to which the public is invited and public

2-2  rights-of-way.

2-3  2.  The length of time for which vehicles may be parked upon

2-4  the public streets and publicly owned parking lots.

2-5  Sec. 3.  NRS 269.185 is hereby amended to read as follows:

2-6  269.185  1.  [In] Except as otherwise provided in section 1 of

2-7  this act, in addition to the powers and jurisdiction conferred upon

2-8  the town boards or boards of county commissioners by this chapter,

2-9  such boards may:

2-10      (a) Regulate traffic upon the streets and alleys of towns or cities

2-11  governed by such boards pursuant to this chapter.

2-12      (b) Regulate the speed, parking, stopping, turning and operation

2-13  of all motor vehicles and other vehicles using the streets and alleys.

2-14      (c) Pass and adopt all ordinances, rules and regulations, and do

2-15  and perform all acts and things necessary for the execution of the

2-16  powers and jurisdiction conferred by this section.

2-17      2.  The town board or board of county commissioners shall

2-18  cause to be displayed, in each school zone and school crossing zone

2-19  where the county has posted a speed limit, signs or other devices

2-20  designating the times during which the speed limit in the zone is to

2-21  apply.

2-22      Sec. 4. Section 2.210 of the Charter of the City of Caliente,

2-23  being chapter 31, Statutes of Nevada 1971, at page 61, is hereby

2-24  amended to read as follows:

2-25      Sec. 2.210  Powers of City Council: Traffic control.  

2-26  The City Council may, by ordinance, regulate:

2-27      1.  [All] Except as otherwise provided in section 1 of

2-28  this act, all vehicular, pedestrian and other traffic within the

2-29  City and provide generally for the public safety on public

2-30  streets and rights of way.

2-31      2.  The length of time for which vehicles may be parked

2-32  upon the public streets and publicly owned parking lots.

2-33      Sec. 5.  Section 2.230 of the Charter of the City of Carlin,

2-34  being chapter 344, Statutes of Nevada 1971, at page 610, is hereby

2-35  amended to read as follows:

2-36      Sec. 2.230  Powers of Board of Councilmen: Traffic

2-37  control.  The Board of Councilmen may, by ordinance,

2-38  regulate:

2-39      1.  [All] Except as otherwise provided in section 1 of

2-40  this act, all vehicular, pedestrian and other traffic within the

2-41  City and provide generally for the public safety on public

2-42  streets and rights of way.

2-43      2.  The length of time for which vehicles may be parked

2-44  upon the public streets and publicly owned parking lots.

3-1  Sec. 6.  Section 2.130 of the Charter of the City of Carson City,

3-2  being chapter 213, Statutes of Nevada 1969, at page 297, is hereby

3-3  amended to read as follows:

3-4  Sec. 2.130  Uniform codes: Procedure for adoption.  

3-5  [An] Except as otherwise provided in section 1 of this act,

3-6  an ordinance adopting a uniform building, plumbing,

3-7  electrical, health, traffic or fire code, or any other uniform

3-8  code or codes, printed in book or pamphlet form, may adopt

3-9  such code or codes, or any portion thereof, with such changes

3-10  as may be necessary to make such code or codes applicable to

3-11  conditions in Carson City, and with such other changes as

3-12  may be desirable, by reference thereto. Copies of such code

3-13  or codes, either typewritten or printed, with such changes, if

3-14  any, shall be filed for use and examination by the public in

3-15  the office of the Clerk at least 1 week prior to the passage of

3-16  the ordinance adopting such code or codes.

3-17      Sec. 7.  Section 2.250 of the Charter of the City of Carson City,

3-18  being chapter 213, Statutes of Nevada 1969, at page 299, is hereby

3-19  amended to read as follows:

3-20      Sec. 2.250  Power of Board: Traffic control.  The

3-21  Board may, by ordinance, regulate:

3-22      1.  [All] Except as otherwise provided in section 1 of

3-23  this act, all vehicular, pedestrian and other traffic within

3-24  Carson City and provide generally for the public safety on the

3-25  public streets and rights of way.

3-26      2.  The length of time which vehicles may be parked

3-27  upon the public streets and publicly owned parking lots.

3-28      Sec. 8.  Section 2.260 of the Charter of the City of Elko, being

3-29  chapter 276, Statutes of Nevada 1971, as amended by chapter 51,

3-30  Statutes of Nevada 2001, at page 457, is hereby amended to read as

3-31  follows:

3-32      Sec. 2.260  Powers of City Council: Traffic control.  

3-33  The City Council may, by ordinance, regulate:

3-34      1.  [All] Except as otherwise provided in section 1 of

3-35  this act, all vehicular, pedestrian and other traffic within the

3-36  City and provide generally for the public safety on public

3-37  streets and rights of way.

3-38      2.  The length of time for which vehicles may be parked

3-39  upon the public streets and publicly owned parking lots.

3-40      Sec. 9.  Section 2.210 of the Charter of the City of Henderson,

3-41  being chapter 266, Statutes of Nevada 1971, at page 408, is hereby

3-42  amended to read as follows:

3-43      Sec. 2.210  Powers of City Council: Traffic control.  

3-44  The City Council may, by ordinance, regulate:

4-1  1.  [All] Except as otherwise provided in section 1 of

4-2  this act, all vehicular, pedestrian and other traffic within the

4-3  City and provide generally for the public safety on public

4-4  streets and rights of way.

4-5  2.  The length of time for which vehicles may be parked

4-6  upon the public streets and publicly owned parking lots.

4-7  Sec. 10.  Section 2.230 of the Charter of the City of Las Vegas,

4-8  being chapter 517, Statutes of Nevada 1983, at page 1401, is hereby

4-9  amended to read as follows:

4-10      Sec. 2.230  Powers of City Council: Traffic control.  

4-11  The City Council may by ordinance regulate:

4-12      1.  [All] Except as otherwise provided in section 1 of

4-13  this act, all vehicular, pedestrian and other traffic within the

4-14  City and provide generally for the public safety on the public

4-15  streets, publicly owned parking lots, parking areas to which

4-16  the public is invited and public rights of way.

4-17      2.  The length of time for which vehicles may be parked

4-18  upon the public streets and publicly owned parking lots.

4-19      Sec. 11.  Section 2.210 of the Charter of the City of North Las

4-20  Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is

4-21  hereby amended to read as follows:

4-22      Sec. 2.210  Powers of City Council: Traffic control.  

4-23  The City Council may, by ordinance, regulate:

4-24      1.  [All] Except as otherwise provided in section 1 of

4-25  this act, all vehicular, pedestrian and other traffic within the

4-26  City and provide generally for the public safety on public

4-27  streets and rights of way.

4-28      2.  The length of time for which vehicles may be parked

4-29  upon the public streets and parking facilities.

4-30      Sec. 12.  Section 2.110 of the Charter of the City of Reno,

4-31  being chapter 662, Statutes of Nevada 1971, as amended by chapter

4-32  327, Statutes of Nevada 1999, at page 1367, is hereby amended to

4-33  read as follows:

4-34      Sec. 2.110  Uniform codes: Procedure for adoption.  

4-35  [A] Except as otherwise provided in section 1 of this act, a

4-36  uniform building, plumbing, electrical, health, traffic or fire

4-37  code, or any other uniform code, printed in book or pamphlet

4-38  form, or any portion thereof, with such changes as may be

4-39  necessary to make the code applicable to conditions in the

4-40  City, and with such other changes as may be desirable, may

4-41  be adopted in an ordinance by reference thereto.Copies of the

4-42  code, with such changes, if any, must be filed for use and

4-43  examination by the public in the office of the Clerk at least 1

4-44  week before the passage of the ordinance adopting the code.

5-1  Sec. 13.  Section 2.090 of the Charter of the City of Sparks,

5-2  being chapter 470, Statutes of Nevada 1975, as last amended by

5-3  chapter 129, Statutes of Nevada 1993, at page 230, is hereby

5-4  amended to read as follows:

5-5  Sec. 2.090  Powers of City Council: General areas.  

5-6  The City Council may exercise any power specifically

5-7  granted in this charter or by any of the provisions of Nevada

5-8  Revised Statutes not in conflict with this charter, in order to:

5-9  1.  License all businesses, trades and professions for

5-10  purposes of regulation and revenue.

5-11      2.  Enact and enforce fire ordinances.

5-12      3.  Regulate the construction and maintenance of any

5-13  building or other structure within the City.

5-14      4.  Provide for safeguarding of public health in the City.

5-15      5.  Zone and plan the City, including the regulation of

5-16  subdivision of land, as prescribed by chapter 278 of NRS.

5-17      6.  Acquire, control, lease, dedicate, sell and convey

5-18  rights of way, parks and other real property.

5-19      7.  [Regulate] Except as otherwise provided in section 1

5-20  of this act, regulate vehicular traffic and parking of vehicles.

5-21      8.  Establish and maintain a sanitary sewer system.

5-22      9.  Condemn property within the territorial limits of the

5-23  City, as well as property outside the territorial limits of the

5-24  City, in the manner prescribed by chapter 37

5-25  of NRS.

5-26      10.  Regulate, prescribe the location for, prohibit or

5-27  suppress all businesses selling alcoholic liquors at wholesale

5-28  or retail.

5-29      11.  Regulate, prescribe the location for, prohibit or

5-30  suppress gaming of all kinds.

5-31      Sec. 14.  Section 2.230 of the Charter of the City of Wells,

5-32  being chapter 275, Statutes of Nevada 1971, at page 464, is hereby

5-33  amended to read as follows:

5-34      Sec. 2.230  Powers of Board of Councilmen: Traffic

5-35  control.  The Board of Councilmen may, by ordinance,

5-36  regulate:

5-37      1.  [All] Except as otherwise provided in section 1 of

5-38  this act, all vehicular, pedestrian and other traffic within the

5-39  City and provide generally for the public safety on public

5-40  streets and rights of way.

5-41      2.  The length of time for which vehicles may be parked

5-42  upon the public streets and publicly owned parking lots.

 

 

6-1  Sec. 15.  Section 2.210 of the Charter of the City of Yerington,

6-2  being chapter 465, Statutes of Nevada 1971, as amended by chapter

6-3  56, Statutes of Nevada 1973, at page 77, is hereby amended to read

6-4  as follows:

6-5  Sec. 2.210  Powers of City Council: Traffic control.  

6-6  The City Council may, by ordinance, regulate:

6-7  1.  [All] Except as otherwise provided in section 1 of

6-8  this act, all vehicular, pedestrian and other traffic within the

6-9  City and provide generally for the public safety on public

6-10  streets and rights of way, publicly owned parking lots and

6-11  parking areas to which the public is invited.

6-12      2.  The length of time for which vehicles may be parked

6-13  upon the public streets and publicly owned parking lots.

6-14      Sec. 16.  This act becomes effective on July 1, 2003.

 

6-15  H