SUMMARY--Authorizes private enforcement of laws relating to parking for handicapped persons. (BDR 43-98)
FISCAL NOTE: Effect on Local Government: Yes.
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 traffic laws; authorizing the private enforcement of laws relating to parking for handicapped persons; 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. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local law enforcement agency may appoint volunteers to issue citations for the violation of the provisions of NRS 484.408 or ordinances enacted by a local authority that govern parking for the handicapped.
2. The local law enforcement agency appointing volunteers shall:
(a) Establish minimum qualifications for the volunteers;
(b) Provide training to the volunteers before authorizing them to issue citations; and
(c) Provide the volunteers with appropriate equipment, including, but not limited to, uniforms or other identifying attire and traffic citations issued in books.
3. A citation issued by a volunteer appointed pursuant to subsection 1 has the same force and effect as a citation issued by a peace officer. The volunteer shall deposit the original or a copy of the citation in the manner prescribed in subsection 1 of NRS 484.813.
4. For the purposes of this section, a person who volunteers to a local law enforcement agency to issue citations pursuant to subsection 1 shall be deemed an employee of a political subdivision of this state if he has successfully completed the training course for the issuance of such citations provided by the local law enforcement agency.
5. Local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to issue citations pursuant to subsection 1 unless:
(a) The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
(b) The conduct of the volunteer affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principal of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.