Cellphone crackdown among new laws taking effect today

By Cy Ryan

Sunday, Jan. 1, 2012 | 2 a.m.

CARSON CITY — The crackdown starts today on motorists who use their cellphones while on the road, and the state starts planning to inspect boats for a fee to keep Nevada waters clear of such invasive species such as quagga mussels and algae known as rock snot.

Law enforcement is developing a system to quickly find people with Alzheimer's disease or dementia who wander away from their residences or rest homes.

The mining industry will lose $48 million over the biennium in tax deductions it enjoyed.

Those are just some of the 32 bills passed by the 2011 Legislature that become law in full or in part on Jan. 1.

The bill to prohibit drivers from using cellphones became effective in Oct. 1, but law enforcement authorities could only issue warnings until today. Now, a motorist caught using a phone will face a $50 fine for the first offense. The second offense carries a $100 fine and the third a $250 penalty.

Nevada Highway Patrol Trooper Chuck Allen said about 600 warnings were issued by officers in Northern Nevada between Oct. 1 and Nov. 10. But not all motorists are heeding the new restriction.

"Yes, we are still seeing this law being violated on a regular basis, particularly at intersections, where motorists are reading emails or sending or typing text messages," Allen said.

Jay Rivera, a Metro Police public information officer, said he had regularly seen motorists using their cellphones while on the road.

"We don't see (the warnings) as a deterrent," he said.

The department does not have a tally on the warnings issued.

While authorities keep a lookout for drivers using cellphones, the state Department of Wildlife will begin to develop an inspection and decontamination plan for high-risk waters, an early detection monitoring system for invasive species and a rapid response plan.

Starting in 2013, an annual boat inspection fee will be imposed to finance the program and the inspections. There are an estimated 52,000 motor boats registered, and the fee will be up to $10 for residents and $20 for nonresidents. A fee for other types of boats will be $5 for residents and $10 for nonresidents.

While still in development, inspection and decontamination stations are being planned for Lahontan and Rye Patch reservoirs in Northern Nevada to guard against contamination by such other invasive species as Asian clams, curly leaf ponderweed and northern pike.

Also today, a law takes effect creating a statewide alert system for the safe return of missing endangered older persons. Sen. David Parks, D-Las Vegas, said the initiative was the top priority of the Silver Haired Legislative Forum.

Few seniors wander away, Parks said, but it is critical they be found quickly — especially during the heated times of the summer in the Las Vegas area.

In some cases, it may be days or a week before the elderly person is found, he said. The state Department of Public Safety is adopting regulations, and other law enforcement agencies are joining.

The 2011 Legislature voted to strip the mining industry of tax deductions for such expenses as lobbying, dues paid to an organization to promote or advertise a product and the cost of housing for employees.

Mines will no longer deduct any federal, state or local taxes in computing their net proceeds tax.

The estimated $48 million to be paid in higher taxes over the biennium will be split between the state and local governments.

Hospitals, emergency care centers and medical facilities will be required to provide their patients, upon admission, the cases of infections acquired there. The information must include the measures being taken to prevent infections.

The new law requires a doctor or a provider of medical care to inform a patient "as soon as practical" — and no later than five days — if the individual has an infection.

Sen. Shirley Breeden, D-Henderson, said she introduced the infection bill after her father contracted an infection while being treated in an intensive care ward.

"We almost lost him," she said.

She said she could not get much information from the hospital on her father's situation. The bill was necessary "because we have to be protective," she said.

In other laws becomes fully effective today:

• The state Board of Health is given the duty of licensing dietitians who provide nutritional advice on such things as food preparation and food to use in a normal diet.

• A person who knowingly violates Nevada's Open Meeting Law can be charged with a misdemeanor beginning today. And he or she would face a civil penalty of $500.

• An overhaul begins of the state Board of Education, whose nine members are all elected now from districts. Seven of the nine come from Clark, Nye and Lincoln counties, and there is one student representative.

Under the new law, one member will be elected from each of the four congressional districts in the upcoming November election. And one each will be appointed by the governor, Assembly speaker and the majority leader in the Senate, with the newly revised board taking effect in 2013.