Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to railroads; reapportioning certain costs of grade separation and crossings; imposing strict liability for death or injury in certain cases; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 704.305 is hereby amended to read as follows:
704.3051. The entire cost of a new grade crossing or a new grade separation, including , but not limited to, any automatic protection devices that may be required, where no existing grade crossing located at or in the immediate vicinity of the new grade crossing or grade separation structure is eliminated, [shall] must be apportioned to and borne by the governmental unit or units affected if a governmental unit initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad.
2. Where a new grade separation will directly result in the elimination of an existing grade crossing located at or in the immediate vicinity of the grade separation or an existing grade separation is reconstructed, [13 percent] one-half of the cost [shall] must be apportioned to and borne by the railroad or railroads and the remainder of the cost [shall] must be apportioned to and borne by the governmental unit or units affected. If a grade separation structure provides either more highway lanes or space for more highway lanes than are in place on the existing highway grade crossing being eliminated, the [railroad] railroad's share of cost [shall be] is limited to [13 percent] one-half of the cost of constructing a grade separation structure having the same number of highway lanes that were in place on the highway [prior to] before the construction of the grade separation structure.
3. Where automatic protection devices are added or materially altered, changed or improved at an existing grade crossing, [87] 50 percent of the cost of [such] the added, altered, changed or improved automatic protection devices [shall] must be apportioned to and borne by the governmental unit or units affected and [13] 50 percent of the cost [shall] must be apportioned to and borne by the railroad or railroads.
4. The cost of maintaining any new, added or materially altered, changed or improved grade crossing automatic protection devices and appurtenances [shall] must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
5. The maintenance of a new or reconstructed grade separation structure [shall] must be performed by the governmental unit or units affected, and the cost thereof [shall] must be apportioned to and be borne by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, ties, tracks and other railroad equipment [shall] must be performed by the railroad or railroads, and the cost of such maintenance [shall] must be apportioned to and borne by the railroad or railroads.
6. The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance [shall include, but is not limited to,] includes the railroad roadbed, rails and all appurtenant facilities.
7. On projects where federal funds are used, apportionment and division of costs [shall] must be in accordance with federal law and the rules, regulations and orders of the federal agency administering [such] that law to the extent that [such] the law, rule or regulations and orders require a different apportionment of costs than is set forth in this section. The provisions of this section may not otherwise be invoked on projects to the extent that [such] the federal law, rules, regulations and orders are applicable.
8. The provisions of this section impose no limitation upon the right of governmental units or railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by such agreement, the commission shall order that costs be apportioned and borne in the manner provided by [such] the agreement.
Sec. 2 NRS 705.120 is hereby amended to read as follows:
705.1201. Railroad corporations [must] shall make and maintain a good and sufficient fence on both sides of their track and right of way. In case they do not make and maintain such a fence, if their engines or cars [shall] kill or maim any cattle or other domestic animals upon their line of road, they [must] shall pay to the owner of such cattle or other domestic animals a fair market price for the [same,] animals, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed.
2. [Nothing in this section shall require any railroad company to fence its right of way through any town or city.] Except as otherwise provided in subsection 3, a railroad corporation is strictly liable for death or injury to any person struck by any of its engines, cars or other equipment.
3. If a person is killed or injured as the result of being struck by an engine, car or other equipment of a railroad corporation at a crossing, the railroad corporation may not assert a defense of contributory or comparative negligence unless it has complied strictly with all relevant regulations of the Secretary of Transportation.
Sec. 3. This act becomes effective upon passage and approval.